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Minimum Age
State

21 is the state law minimum-age. It is illegal to sell, or cause to be sold any tobacco product, alternative nicotine product, or vapor product at retail to any person under the age of 21.

The federal law setting a 21 year old minimum-age is in effect now in Kentucky and all other states.

Federal

Deny sales to anyone under 21 years old for FDA regulated products (SEE Restricted Products section).

Note:  The new federal 21 year minimum-age for FDA regulated products of all tobacco and vaping products (SEE Restricted Products section) was declared immediately effective on December 20, 2019.  This law allows for no exceptions.

You must Check photo ID of everyone appearing under age 30 who attempts to purchase FDA regulated products and verify the customer is of legal age to purchase. This is an each-and-every time requirement (even if you know the person to be of legal are.) If you "carded" them yesterday, you must "card" them again today!

Decline a sale when the customer is underage, has no photo ID, the photo ID contains no date-of-birth or the photo ID has expired.

Restricted Products
State

Tobacco, tobacco products, (any product made or derived from tobacco), alternative nicotine products (non-combustible product containing nicotine intended for human consumption whether chewed, absorbed, dissolved or ingested by any other means) and vapor products (e-cigarettes).

Federal

FDA regulations apply to these tobacco products.

  • Cigarettes, cigarette tobacco, and roll-your-own tobacco
    • Do NOT break open cigarette packages to sell products in smaller amounts.
    • Do NOT sell single cigarettes, also called "loosies."
    • Do NOT sell cigarette packages containing fewer than 20 cigarettes.
    • Do NOT sell flavored cigarettes, cigarette tobacco or roll-your-own tobacco (other than menthol or tobacco.)
    • Only sell in a direct face-to-face exchange*.
  • Smokeless tobacco
    • Do NOT break open packages to sell products in smaller amounts.
    • Only sell in a direct face-to-face exchange*.
    • Do NOT sell without a health warning label.
  • Cigars
  • Hookah & Pipe tobacco
  • Dissolvable tobacco products
  • Electronic Nicotine Delivery System (ENDS), which are products such as:
    • e-cigarettes
    • e-hookah
    • ecigars
    • vape pens
    • advanced refillable personal vaporizers
    • electronic pipes
    • Components and Parts, such as:
      • e-liquids**
      • atomizers
      • batteries (with or without variable voltage)
      • cartomizers (atomizer plus replaceable fluid-filled cartridge)
      • digital display/lights to adjust settings
      • clearomisers
      • tank systems
      • flavors
      • vials that contain e-liquids
      • programmable software
  • Do NOT give away free samples of any of these FDA regulated products or components and parts.  EXCEPTION:  Free samples of smokeless tobacco are only allowed in a "qualified adult-only facility" -- where no person younger than 21 is permitted to enter or be present (or a higher minimum-age if your state or locality has a higher age limit.)
  • Do NOT sell in vending machines UNLESS you operate a "qualified adult-only facility" -- where no person younger than 21 is permitted to enter or be present (or a higher minimum-age if your state or locality has a higher age limit.) Some state laws prohibit tobacco product vending machines. Check your state law.

EXCLUDED from FDA regulation are accessories, such as:  ashtrays, spittoons, hookah tongs, cigar clips and stands, pipe pouches, humidors.

* The sale of cigarettes, cigarette tobacco and smokeless tobacco through vending machines and self-service displays are allowed ONLY in adult-only facilities where no person younger than 21 is permitted to enter or be present (or a higher minimum-age if your state or locality has a higher age limit.)

** Retail establishments, such as vape shops, that mix and/or prepare e-liquids or assemble vaporizers are considered "tobacco product manufacturers."  Many separate regulations will apply.  See FDA regulations for tobacco product manufacturers at www.fda.gov.

Acceptable Forms of Identification
State

A driver's license or other evidence that the person is of age.

Retailers must request proof of age from a purchaser if the retailer has reason to believe that the purchaser is under 21 years old.

Federal

Unless otherwise required by state or local law, FDA recommends that retailers accept only government-issued photographic identification with the bearer’s date of birth. (e.g., State-issued driver’s license or identification card, military identification card, passport or immigration card) for establishing a legal age to purchase FDA regulated products. The Photo ID is not acceptable if it has expired.

Fine/Penalty Schedule for Selling to Minors
State

Violators of the law prohibiting Restricted Product sales to persons under 21 years old are subject to a fine of $100-$500 for the first offense, and $500-$1,000 for subsequent offenses.

Before starting work as a clerk, retailers must inform employees of the law prohibiting the sale of restricted products to minors, and have the employee sign a statement that says: “I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products, alternative nicotine products, or vapor products, to persons under the age of twenty-one (21) years and that it is illegal for persons under the age of twenty-one (21) years to purchase tobacco alternative nicotine products, or vapor products.”

Retailers must keep the signed notices in an easily accessible location by a state employee conducting an inspection. Retailers must also notify clerks that proof of age is required from a purchaser if the person has reason to believe that the purchaser is under 21 years old. Violators will be fined $100-$500 for each offense.

Federal

FDA has a variety of enforcement tools to address retailers who violate Federal statutes or regulations, including civil money penalties, warning letters, seizures, injunctions, no-sale orders and/or criminal prosecution. Retailers who violate the regulations may also be in violation of state law and subject to state penalties or other related orders. Fines and penalties shown here are as of January 17, 2020.

Affirmative Defense
State

None

Federal

Federal law provides that the FDA shall adopt regulations that may provide any retailer that implements the “approved training program,” a reduced civil money penalty if that retailer is found in violation. The FDA does not require training, but it recommends retailers train and educate their employees.

Until the FDA issues guidance or regulations on what constitutes an FDA “approved training program,” the FDA indicates “the agency intends to use a lower maximum civil money penalties schedule for all retailers who violate the regulations restricting the sale and distribution of cigarettes and smokeless tobacco products, whether or not they have implemented a training program. However, FDA may consider further reducing the civil money penalty for retailers who have implemented a training program.”

Minor Possession
State

It is illegal for persons under 21 years old to possess, purchase, attempt to purchase, accept, or attempt to accept Restricted Products, or to use false proof of age for the purpose of purchasing or receiving Restricted Products. It is not a violation for a person to accept a Restricted Product from an employer in the course of employment.

Violators will be fined $50 and be required to perform 20 hours of community service for a first offense and fined $200 and be required to perform 40 hours of community service work for any subsequent offense within a one-year period. Restricted Products found in the possession of a minor and in plain view of a law enforcement officer shall be confiscated by the law enforcement officer making the charge.

Federal

Not applicable under Federal law

Sign Requirement

State

Retailers must post in a conspicuous place in the store a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under age twenty-one (21).

HARD COPY: Contact the Department of Agriculture, Teens and Tobacco Program, at 502-573-0420

Federal

Effective 8/10/18:  For retailers who sell cigars individually without packaging, there is an FDA sign requirement.   Download We Card's Sign

Alert:  A U.S. District court overturned this regulation in February 2020. However, there are expectations this regulation will be revisited and may be reinstated after ongoing adjustments or legal matters before the courts. Therefore, retailers need to be prepared for this requirement IF it is required once the legal matters are resolved by the court.

Cigars Sold Individually without Packaging - Retailers who sell cigars individually, and not in a product package must post a sign at each point-of-sale that displays all six of the required warning statements per 21 CFR § 1143.5(a)(3).  Each sign must be at least 8.5x11 inches in size; clear, legible, and conspicuous; printed in black Helvetica bold or Arial bold type or other similar sans serif fonts against a solid white background, in at least 17-point font size with appropriate spacing between the warning statements; posted on or within 3 inches of each cash register where payment may be made; and unobstructed in its entirety and read easily by each consumer making a purchase. The required warning statements on the sign must be: printed in a manner that contrasts, by typography, layout, or color, with all other printed material; and capitalized and punctuated as indicated above.  

We Card - FDA Required Sign

 

Compliance Checks
State

As a condition of receiving federal substance abuse block grant funds, federal law requires the Commonwealth to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. Persons under the age of 21 may be used to test compliance, provided that written parental consent has been given and that the minors are under the direct supervision of the Department of Agriculture or law enforcement officers.

Federal

FDA conducts compliance checks of retail stores to determine whether retailers are complying with the new federal law, using:

  • Attempted purchases of tobacco using underage customers.
  • Inspections of stores for other compliance requirements.
  • Inspections of stores in response to public complaints to the FDA’s request for the general public to report suspected store violations (1-877-CTP-1373 or AskCTP@fda.hhs.gov)

The FDA indicates that it will conduct follow-up compliance checks on stores found in violation.

Minor License Visual Characteristics
State

Minor license is vertical. "UNDER AGE 21 Until 00-00-0000" or "UNDER AGE 18" UNTIL 00-00-0000" in red to the right of the photo. For additional information about minor licenses, visit: Kentucy Driver Licensing.

Federal

Not applicable under Federal law

Other
State

None

Federal

See additional information and requirements on advertising, labeling and promotion requirements -- available here.

Last updated 02/2021