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Minimum Age
State

21 years old is the state law minimum-age.  It is illegal to directly or indirectly sell, offer for sale, give or furnish tobacco products, or any alternative nicotine product, or any cartridge component, liquid, capsule or powder thereof to an individual under the age of 21 years of age.

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

Any substance that contains tobacco including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco, smokeless tobacco or cigarette rolling papers, as well as alternative nicotine products (such as e-cigarettes, e-cigars and e-cigarillos,  and vaping products) or any cartridge component, liquid, capsule or powder thereof.

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 government-issued photographic identification establishing the age of the purchaser.

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

Violation is punishable by: a fine of $250 for the first offense; $500 for the second offense; and $1,000 for a third or subsequent offense. Third and subsequent violations also subject the retailer to license suspension and revocation.

Retailers must notify each employee of the requirements of state law, and employees must sign a statement acknowledging those requirements, stating: “I understand that state and federal law prohibit the sale or distribution of tobacco products or alternative nicotine products to any person under 21 and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under 21 years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over 21 years. I promise, as a condition of my employment, to observe this law.” Violation of these laws is punishable by a $50-$100 fine. Retailers who so instruct employees shall not be liable for violations committed by such employees.

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

Proof that a seller requested and examined a valid government-issued identification prior to selling the tobacco or alternative nicotine product is an affirmative defense. The failure to request and examine photographic identification from a person under 21 prior to the sale shall be construed against the seller and form a conclusive basis for the seller's violation of law.

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 any customer under 21 to purchase tobacco products or alternative nicotine products. A person under 21 years of age who misrepresents his age to obtain Restricted Products is subject to a $25-$200 fine and/or 30 or more days of community service. Additional penalty may apply if a person under 21 is found in violation of another statute while in possession of a restricted product.

Federal

Not applicable under Federal law

Sign Requirement

State

Retailers must post signs (8 1/2" x 11" or 93 square inches) at the point ofsale that say:

STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS. PROOF OF AGE REQUIRED.

Failure to post the required sign is punishable by a fine of up to $100.

NOTE:  The MS state law change to a 21 year minimum age did not change this 18 year signage requirement.  Even so, the MS 21 year minimum age and the federal law 21 year minimum age must be followed. 

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 State of Mississippi to conduct random, unannounced inspections of tobacco outlets to determine compliance rates. The attorney general’s office or local law enforcement may enlist minors, as long as the minor’s parent or legal guardian has given prior written consent. The Office of the Attorney General coordinates the inspections.

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 licenses are vertical with state name in green and "UNDER 21 UNTIL 00- 00-0000" in white text, below the photo in a red bar.  The year of birth is above the shadowed photo image, and the license may include a yellow "INTERMEDIATE LICENSE" in heading. For more information, go here

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 07/2020