2011 Idaho Code
TITLE 39 HEALTH AND SAFETY
CHAPTER 57 PREVENTION OF MINORS' ACCESS TO TOBACCO
39-5705 SALE OR DISTRIBUTION OF TOBACCO PRODUCTS TO A MINOR.
TITLE 39
HEALTH AND SAFETY
CHAPTER 57
PREVENTION OF MINORS’ ACCESS TO TOBACCO
39-5705. Sale or distribution of tobacco products to a minor. (1) It shall be unlawful to sell, distribute or offer tobacco products to a minor.
(2) It shall be an affirmative defense that the seller of a tobacco product to a minor in violation of this section had requested, examined and reasonably relied upon a photographic identification from such person establishing that person’s age as at least eighteen (18) years of age prior to selling such person a tobacco product. The failure of a seller to request and examine photographic identification from a person under eighteen (18) years of age prior to the sale of a tobacco product to such person shall be construed against the seller and form a conclusive basis for the seller’s violation of this section.
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