Sales to Underage Consumers
On
December 20, 2019, the President signed legislation raising the federal minimum
age for sale of tobacco products from 18 to 21 years. This legislation made it
illegal for a retailer to sell any tobacco product-including cigarettes,
cigars, and e-cigarettes-to anyone under 21. Get more information about changes
to federal law on the FDA's "Tobacco 21"
website.
Tobacco
21
Under
NRS 370.521(1), as amended by Assembly Bill 59 (2021), it is unlawful for any
person to sell, distribute, or offer to sell cigarettes, cigarette paper, any
product containing, made or derived from tobacco, vapor products, or any
product containing, made, or derived from nicotine to any person under 21 years
of age. A person who violates this section is liable for a civil penalty
up to $500.
Age
Verification
As of
January 1, 2023, as amended by Assembly Bill 360 (2021), a person shall 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. A person who violates this subsection is liable for a civil
penalty of $100 for each offense (see NRS 370.521(3)). 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
Licensees
Additionally,
beginning on January 1, 2024, as amended by Assembly Bill 53 (2023), if any
employee or agent of a licensee has violated NRS 370.521(1), the licensee is
liable for a civil penalty between $2,500 to $10,000, beginning with the first
violation (see NRS 370.521(7)).
Training Program
If you
are a merchant and would like more information on how to not sell tobacco or
vapor products to underage consumers , please visit the website for free
training at https://responsibletobacconv.com/
Report a Violation
If you
have information related to a business selling tobacco or vapor products to
underage consumers, please email the address below with as much information as
possible- tobaccoenforcement@ag.nv.gov.