Frequently Asked Questions
Are all cigarettes and RYO tobacco products legal for sale in Nevada?
- No. Each manufacturer who wishes to sell cigarettes or RYO tobacco products in Nevada must meet certain requirements before such products are listed on a Nevada directory of approved manufacturers and brand families.
How can a manufacturer sell its products in Nevada?
- A manufacturer who wishes to sell cigarettes or RYO tobacco products in Nevada must first obtain a tobacco manufacturer’s license from the Nevada Department of Taxation.
- The manufacturer must also file an initial Certificate of Compliance with the Office of the Attorney General.
- Additionally, the manufacturer must ensure that its cigarettes have been deemed “Fire Standard Compliant” by the Nevada Fire Marshal.
- The manufacturer may not sell cigarettes until all of the requirements above have been completed.
Are the certification requirements the same for NPMs and PMs?
- No. Both manufacturers must certify using their respective forms, but PMs must follow the requirements under the MSA and NPMs must follow escrow and other reporting requirements.
What are the escrow requirements for NPMs?
Every NPM must comply
with the requirements laid out in NRS 370 and 370A, as well as in NAC 370, including
establishing a qualified escrow fund, making quarterly escrow deposits, posting
a bond, and filing quarterly certificates of compliance.
When does the MSA end?
Who handles tobacco licensing for the State?
- The Nevada Department of Taxation MSA Enforcement Unit processes tobacco retail, wholesale, and manufacturer licenses for both cigarettes and Other Tobacco Products.
- For taxation or license specific questions, they can be reached via email at taxation-adminMSA@tax.state.nv.us.
What scanning equipment is required?
NRS
370.521(3) is the age-verification law that became effective on January 1,
2023. To be compliant, a person must not
sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco
products to any person under 40 years of age without first performing age
verification through enhanced controls that utilize a scanning technology or
other automated software-based system to verify that the person is 21 years of
age or older. There is no specific
device, storage or filing requirement.
Retailers are expected to select a device or software-based system
capable of conducting age verification and to train employees to 1) request
identification for any person under 40 years of age attempting to purchase
tobacco products, 2) to use the technology to age verify, and 3) to deny the
sale of tobacco products to any person under 21 years of age. Scanners and POS systems that require DOB
entry for restricted sales are some of the most popular choices among compliant
retailers. For identification that is
not able to be scanned, retailers are expected to utilize other automated
software-based systems to age-verify (i.e., age calculators, POS electronic
verification systems).
A
person who violates NRS 370.521(3) is liable for a civil penalty of $100 for
each offense.
What are the penalties for failing a tobacco inspection?
Pursuant
to NRS 202.2496, the Office of the Attorney General is responsible for
conducting random, unannounced inspections at locations where products
containing, made or derived from tobacco, vapor products, alternative nicotine
products and any products containing, made or derived from nicotine are sold,
distributed or offered for sale to inspect for and enforce compliance with NRS
202.2493, 202.2494 and 370.521.
NRS
370.521(1) is Nevada’s Tobacco 21 law that prohibits a person from selling,
distributing, or offering to sell cigarettes, cigarette paper, any product
containing, made or derived from tobacco, any vapor product, any alternative
nicotine product or any product containing, made or derived from nicotine to
any person under the age of 21 years.
Pursuant to NRS 370.521(6), a person who violates this section is
liable for a civil penalty of $100 for the first violation, $250 for the second
violation, and $500 for the third and any subsequent violation within a
24-month period.
As of
January 1, 2024, pursuant to NRS 370.521(7), if an employee or agent of a
licensee has violated NRS 370.521(1), the licensee is liable for a civil
penalty of $2,500 for the first violation, $5,000 for the second violation,
$7,500 for the third violation, and $10,000 for the fourth and any subsequent
violation within a 24-month period at the same premises.
Who can I contact with questions?
- You can contact the Tobacco Enforcement Unit via email at tobaccoenforcement@ag.nv.gov or by phone at (775) 687-2100.
- For licensing questions, please contact the Nevada Department of Taxation at taxation-adminMSA@tax.state.nv.us or by phone at (775)684-2000.