US Laws, Codes, Statutes & Cases

***** 722.641 THIS SECTION IS AMENDED EFFECTIVE SEPTEMBER 1, 2006: See 722.641.amended *****

Sec. 1.

(1) A person shall not sell, give, or furnish any cigarette, cigar, chewing tobacco, tobacco snuff, or tobacco in any other form to a person under 18 years of age. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than $50.00 for each offense.

(2) Beginning 90 days after the effective date of this subsection, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the department of public health that includes the following statement:

"The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties."

(3) If the sign required under subsection (2) is more than 6 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2 inches, and the statement required under subsection (2) shall be printed in 36-point boldface type. If the sign required under subsection (2) is 6 feet or less from the point of sale, it shall be 2 inches by 4 inches, and the statement required under subsection (2) shall be printed in 20-point boldface type.

(4) The department of public health shall produce the sign required under subsection (2) and have adequate copies of the sign ready for distribution to licensed wholesalers, secondary wholesalers, and unclassified acquirers of cigarettes and other tobacco products described in subsection (1) free of charge within 60 days after the effective date of this subsection. Licensed wholesalers, secondary wholesalers, and unclassified acquirers of cigarettes and other tobacco products described in subsection (1) shall obtain copies of the sign from the department of public health and distribute them free of charge, upon request, to persons who are subject to subsection (2). The department of public health shall provide copies of the sign free of charge, upon request, to persons subject to subsection (2) who do not purchase their supply of cigarettes or other tobacco products described in subsection (1) from licensed wholesalers, secondary wholesalers, and unclassified acquirers of cigarettes and other tobacco products described in subsection (1).

(5) It is an affirmative defense to a charge pursuant to subsection (1) that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of cigarettes, cigars, chewing tobacco, tobacco snuff, and other tobacco products to persons under 18 years of age, and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. The notice shall be served not less than 14 days before the date set for trial.

(6) A prosecuting attorney who proposes to offer testimony to rebut the affirmative defense described in subsection (5) shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than 7 days before the date set for trial, and shall contain the name and address of each rebuttal witness.