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 […]
Section 28-11-12 – Advisory Board.
Section 28-11-12 Advisory board. (a) An advisory board shall be established to monitor the implementation of this chapter. The advisory board shall meet at least quarterly. Representation shall consist of one representative from each of the following: (1) The Office of the Governor. (2) The Office of the Attorney General. (3) The Department of Mental […]
Section 28-11-13 – Unlawful for Individuals Under the Age of 21 Years to Purchase, Use, Possess, or Transport Tobacco, Tobacco Product, Electronic Nicotine Delivery System, or Alternative Nicotine Product.
Section 28-11-13 Unlawful for minors to purchase, use, possess, or transport tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product. THIS SECTION WAS AMENDED BY ACT 2021-453 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) It is unlawful for any individual under the […]
Section 28-11-14 – Fines for Unlawful Possession of Contraband.
Section 28-11-14 Fines for unlawful possession of contraband. (a) Any tobacco, tobacco product, alternative nicotine product, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under the age of 21 years is contraband and subject to seizure by law enforcement. Any individual under the age of 21 years […]
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 […]