39-5701. LEGISLATIVE FINDINGS AND INTENT. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people. Tobacco use is the leading cause of preventable death in Idaho, and nicotine is […]
39-5702. DEFINITIONS. The terms used in this chapter are defined as follows: (1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. (2) "Delivery sale" means to distribute tobacco products or electronic smoking devices to a consumer in a state where either: […]
39-5703. POSSESSION, DISTRIBUTION, OR USE BY A MINOR. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing. (2) It shall be unlawful for a minor to sell or distribute tobacco products or electronic smoking devices or […]
39-5704. PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices with the intention of selling at retail without having first obtained a tobacco […]
39-5705. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a minor […]
39-5706. VENDOR-ASSISTED SALES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) On and after January 1, 2020, it shall be unlawful to sell or […]
39-5707. OPENED PACKAGES AND SAMPLES. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and health warnings. (2) It shall be unlawful to sell or distribute tobacco products […]
39-5708. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT. (1) Any permittee who fails to comply with any part of this chapter or any current state or local law or rule or regulation regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section […]
39-5709. CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to prevent minor’s access to tobacco products or electronic smoking devices. (1) […]
39-5710. CONDUCT OF ENFORCEMENT ACTIONS. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter and rules promulgated pursuant thereto in a manner that can reasonably be expected to significantly reduce the extent to which tobacco products and electronic smoking devices are sold […]
39-5711. FUNDING AND CREATION OF PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be used to fund the administration, inspections and enforcement of this chapter. […]
39-5712. SEVERABILITY. If any section or provision of this chapter is held invalid, such invalidity shall not affect other sections or provisions of this chapter. History: [39-5712, added 1998, ch. 418, sec. 2, p. 1321.]
39-5713. LOCAL ORDINANCES PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government may impose or enforce a tax or fee on tobacco products or […]
39-5714. REQUIREMENTS FOR DELIVERY SALES. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state. (2) Each permittee taking a delivery sale order shall comply with: the age verification requirements set forth in section 39-5715, Idaho Code; […]
39-5715. AGE VERIFICATION REQUIREMENTS. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the delivery sale order first obtains from the prospective customer a certification that includes proof of age […]
39-5716. DISCLOSURE AND NOTICE REQUIREMENTS. For all delivery sales a permittee shall post on any advertisement or website: (1) The cautionary language for signs under section 39-5704(6), Idaho Code; (2) A prominent and clearly legible statement that consists of one (1) of the warnings set forth in section 4(a)(1) of the federal cigarette labeling and […]
39-5717. SHIPPING REQUIREMENTS — TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous statement providing as follows: TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES: IDAHO LAW PROHIBITS SHIPPING […]
39-5718. REGISTRATION AND REPORTING REQUIREMENTS. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a statement setting forth the permittee’s name, trade name, and the address of the […]
