Section 28-11-15 – Posting of Signs Regarding Sale to Individuals Under the Age of 21 Years and Proof of Age Requirements.
Section 28-11-15 Posting of signs regarding sale to individuals under the age of 21 years and proof of age requirements. Any person who distributes tobacco or tobacco products within this state shall post conspicuously and keep so posted at each location of distribution and vending machines a sign that is placed in a way that […]
Section 28-11-16 – Advertising Restrictions.
Section 28-11-16 Advertising restrictions. “(a)(1) A retailer or manufacturer of electronic nicotine delivery systems or alternative nicotine products may not advertise an electronic nicotine delivery system or an alternative nicotine product in any of the following ways: a. As a tobacco cessation product. b. As a healthier alternative to smoking. c. As available for purchase […]
Section 28-11-17 – Distribution, Sale, etc., in Violation of Federal Law or Fda Rule.
Section 28-11-17 Distribution, sale, etc., in violation of federal law or FDA rule. (a) It is unlawful to distribute, sell, or offer for sale any electronic nicotine delivery system or alternative nicotine product that cannot be legally marketed under federal law or FDA rule, regulation, or guidance. (b) Each violation of subsection (a) shall be […]
Section 28-11-17.1 – Certification Requirements for E-Liquid Manufacturers and Manufacturers of Alternative Nicotine Products; Directory; Fda Approval; Violations.
Section 28-11-17.1 Certification requirements for e-liquid manufacturers and manufacturers of alternative nicotine products; directory; FDA approval; violations. (a)(1) Beginning March 1, 2022, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer and manufacturer of alternative nicotine products whose products […]
Section 28-11-18 – Child-Resistant Packaging; Warning Signs.
Section 28-11-18 Child-resistant packaging; warning signs. (a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant packaging. (b) A specialty retailer of electronic nicotine delivery systems shall display in a prominent area of the retail store near the point of […]
Section 28-11-19 – Limitations on Location of Retail Businesses.
Section 28-11-19 Limitations on location of retail businesses. (a) Beginning January 1, 2020, a county may not issue a license to conduct business as a specialty retailer of electronic nicotine delivery systems if the retail business is located within 1,000 feet of any of the following: (1) A public or private K-12 school. (2) A […]
Section 28-11-20 – Suspension or Revocation of Tobacco Permit for Default in Payment; Reinstatement of Permit; Rulemaking Authority.
Section 28-11-20 Suspension or revocation of tobacco permit for default in payment; reinstatement of permit; rulemaking authority. (a)(1) No manufacturer or distributor shall sell, offer to sell, or deliver any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to any retailer in this state for any consideration other than cash or on […]
Section 28-11-21 – Duties of Department of Mental Health; Annual Report; Transitional Grant Monies.
Section 28-11-21 Duties of Department of Mental Health; annual report; transitional grant monies. (a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, […]
Section 28-11-10 – Disposition of Funds.
Section 28-11-10 Disposition of funds. All funds collected pursuant to this chapter shall be deposited into the State General Fund. (Acts 1997, No. 97-423, p. 721, §10.)
Section 28-11-11 – Annual Report.
Section 28-11-11 Annual report. The board shall issue an annual report to the Governor, the Legislature, and the Attorney General concerning compliance by state retail merchants with this chapter. The report shall contain all of the following: (1) The total number of retail distributors of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine […]