2014 Alaska Statutes
Title 11 - CRIMINAL LAW
Chapter 11.76 - MISCELLANEOUS OFFENSES
Sec. 11.76.109 Selling or giving product containing nicotine to a minor.

(a) A person commits the offense of selling or giving a product containing nicotine to a minor if the person

(1) negligently sells a product containing nicotine to a person under 19 years of age; or

(2) is 19 years of age or older and negligently exchanges or gives a product containing nicotine to a person under 19 years of age.

(b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 19 years of age of a product containing nicotine that is intended or expected to be consumed without being combusted if the product

(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;

(2) is being marketed and sold solely for the approved purposes; and

(3) is

(A) prescribed by a health care professional;

(B) given to a person by the person's parent or legal guardian;

(C) provided by a state-approved tobacco cessation program administered by the Department of Health and Social Services; or

(D) provided by a pharmacist to a person 18 years of age or older without a prescription.

(c) An employer is legally accountable as provided in AS 11.16.110 for the conduct of an employee who violates (a) of this section if the employer negligently fails to advise the employee regarding the conduct prohibited in (a) of this section.

(d) In this section, "product containing nicotine" does not include a cigarette, a cigar, tobacco, or a product containing tobacco.

(e) Selling or giving a product containing nicotine to a minor is a violation and, upon conviction, is punishable by a fine of not less than $300.