34-46-1. Definition of terms. Terms used in this chapter mean: (1)”Electronic smoking device,” any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product; (2)”Proof […]
34-46-10. Tobacco prevention and reduction plan–Programs or grants. The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants: (1)Community based programs; (2)School based programs; (3)State-wide programs; (4)Cessation programs; (5)Public education and counter marketing; (6)Enforcement of effective tobacco laws; (7)Evaluation of tobacco programs; or (8)Administration and oversight. […]
34-46-12. Tobacco prevention and reduction trust fund. The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated by […]
34-46-13. Definition of terms used in §§34-46-13 to 34-46-19. Terms used in this section and §§34-46-14 to 34-46-19, inclusive, mean: (1)”Enclosed area,” any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows; (2)”Place of employment,” any enclosed area under the control […]
34-46-14. Smoking in public or place of employment prohibited–Petty offense. No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. Source: SL 2009, ch 171, §1, approved eff. Nov. 10, 2010; SL 2019, ch 155, §2.
34-46-15. Person controlling public place or place of employment to inform violators–Petty offense. Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating §34-46-14 of the provisions thereof. A violation of this section is a petty offense. Source: SL 2009, ch 171, §2, approved eff. […]
34-46-16. Inapplicability to private residences unless used for day care. The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any private residence unless the private residence is used for day care. Source: SL 2009, ch 171, §4, approved eff. Nov. 10, 2010.
34-46-17. Posted smoking rooms permitted in hotels and lodging establishments. The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be […]
34-46-18. Smoking permitted in certain licensed establishments where alcohol sold. The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements: (1)Generates ten percent or more of its […]
34-46-19. Smoking permitted in certain retail tobacco stores. The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any retail tobacco store that meets the following requirements: (1)Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products; (2)Is enclosed by solid walls or windows, […]
34-46-2. Unlawful actions. The following actions are unlawful: (1)To knowingly sell or distribute a tobacco product to a person under the age of twenty-one; (2)To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one; (3)To purchase […]
34-46-2.2. Merchants–Notice requirement–Contents. A merchant shall conspicuously post a notice, on the merchant’s premises, stating that “No person under the age of 21 may be sold tobacco products.” Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in use within the state, a […]
34-46-20. Tobacco product includes vapor product. For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to […]
34-46-21. Sale of vapor product outside package or through self-service display prohibited–Exception–Violation as misdemeanor. No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is: (1)A […]
34-46-3. Unannounced, random inspections–Persons enlisted–Requirements. Each county state’s attorney or a local law enforcement officer designated by the state’s attorney shall annually conduct unannounced, random inspections at various locations where tobacco products are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with […]
34-46-4.Annual reports to federal government. The attorney general shall prepare annually for submission by the Governor to the United States Department of Health and Human Services reports as required under Section 1926 of Subpart I of Part B of Title XIX of the Federal Public Health Service Act (42 U.S. C. §300X-26) as in effect […]
34-46-5. Violation as misdemeanor–Complete defense. A violation of §34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2(4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought […]
34-46-5.1. Limit on violations during unannounced random inspections. No person may be charged with more than one violation in any twenty-four hour period which results from sales to persons purchasing during unannounced random inspections. Source: SL 1999, ch 178, §2.
34-46-6. Uniform regulation and implementation. Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of […]
34-46-7. Creation of tobacco prevention and reduction program. There is hereby created the tobacco prevention and reduction program in the Department of Health. Source: SL 2000, ch 174, §1; SL 2001, ch 189, §1.
