16-11-301. Short title
16-11-301. Short title. This part may be cited as the “Youth Access to Tobacco Products Control Act”. History: En. Sec. 1, Ch. 569, L. 1993.
16-11-302. Definitions
16-11-302. Definitions. For the purposes of 16-11-301 through 16-11-308, the following definitions apply: (1) (a) ”Alternative nicotine product” means any manufactured noncombustible product containing nicotine derived from tobacco that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. (b) The term does not include a tobacco product, a vapor product, or a product […]
16-11-303. License for retail sale of tobacco products — alternative nicotine products — vapor products
16-11-303. License for retail sale of tobacco products — alternative nicotine products — vapor products. (1) A person may not sell tobacco products, alternative nicotine products, or vapor products at retail, whether over the counter, by vending machine, or otherwise, without a license obtained from the department of revenue. (2) A license for the retail sale of […]
16-11-304. Signs
16-11-304. Signs. A retail seller of tobacco products, alternative nicotine products, or vapor products shall conspicuously display, at each place on the premises at which tobacco products, alternative nicotine products, or vapor products are displayed and sold, a sign that is to be provided without charge by the department of revenue that states: “Montana law prohibits […]
16-11-305. Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited
16-11-305. Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited. (1) A person may not sell or distribute a tobacco product, alternative nicotine product, or vapor product to an individual under 18 years of age, whether over the counter, by vending machine, or otherwise. (2) If […]
16-11-306. Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted
16-11-306. Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted. (1) Tobacco products, alternative nicotine products, and vapor products may be sold through a vending machine only in places where alcoholic beverages are sold and consumed on the premises and where the vending machine is under the direct line-of-sight supervision of the […]
16-11-307. Distribution of tobacco products in other than sealed packages prohibited — minimum package size
16-11-307. Distribution of tobacco products in other than sealed packages prohibited — minimum package size. (1) A person may not distribute a tobacco product for commercial purposes in other than a sealed package that is provided by the manufacturer and that contains the health warning required by federal law. Single cigarettes may not be sold. (2) A […]
16-11-308. Civil penalties — license suspension — tobacco education fee
16-11-308. Civil penalties — license suspension — tobacco education fee. (1) Failure to obtain a license, as required by 16-11-303, failure to post signs, as provided in 16-11-304, or the manufacture or sale of cigarettes or rolling tobacco in violation of the minimum package size requirements of 16-11-111 or 16-11-307 is punishable by a civil penalty […]
16-11-309. Inspection and notification of violation required
16-11-309. Inspection and notification of violation required. (1) The department of public health and human services shall conduct inspections of persons selling or distributing tobacco products, alternative nicotine products, or vapor products to determine compliance with 16-11-303, 16-11-304, 16-11-305(1), 16-11-306, and 16-11-307. Inspections may be conducted directly by the department of public health and human services […]
16-11-310. Minors not liable for possession or attempt to purchase
16-11-310. Minors not liable for possession or attempt to purchase. An individual under 18 years of age assisting in the enforcement of this part is not liable under a civil or criminal law for the possession of or the attempt to purchase a tobacco product, alternative nicotine product, or vapor product for the purposes of enforcing […]
16-11-311. Local regulations
16-11-311. Local regulations. A local government may by ordinance adopt regulations on the subjects of 16-11-301 through 16-11-308, including alternative nicotine or vapor products as provided in 16-11-313, that are no more stringent than 16-11-301 through 16-11-308 and 16-11-313. History: En. Sec. 10, Ch. 569, L. 1993; amd. Sec. 4, Ch. 455, L. 2021.
16-11-312. Rulemaking authority
16-11-312. Rulemaking authority. The department of revenue may adopt rules to implement 16-11-301 through 16-11-308. History: En. Sec. 11, Ch. 569, L. 1993.
16-11-313. Alternative nicotine products and vapor products — local ordinance or resolution — prohibition
16-11-313. Alternative nicotine products and vapor products — local ordinance or resolution — prohibition. (1) A local government may not adopt or enforce any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products. (2) Subject to 16-11-311, nothing in this section may be construed to restrict a local government from enacting […]