2019 US Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 9 - Licensing of Businesses and Occupations
Subchapter I - General Provisions
§ 305b. Prohibitions applicable to tobacco vendors, and their employees and agents
(a) Definitions.
(1) “Electronic cigarette” means a battery-operated device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into a vapor which is inhaled by the user.
(2) “Alternative nicotine product” means a product or device not consisting of or containing tobacco that provides nicotine for ingestion into the body, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. This does not include any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, as long as the product is marketed and sold solely for that approved purpose.
(b) A person who holds a tobacco vendor license issued under section 302 of this chapter shall:
(1) display the license or a copy of the license prominently at the place or outlet for which the license is issued;
(2) [Deleted.]
(c) A person that holds a tobacco vendor license issued under section 302 of this chapter, or an employee or agent of that person, shall not sell or distribute tobacco products, electronic cigarettes, or alternative nicotine products:
(1) to any individual under 18 years of age;
(2) to any individual, who does not present a driver's license or other generally accepted means of identification that describes the individual as 18 years of age or older, contains a likeness of the individual, and appears on its face to be valid;
(3) in any form other than an original factory-wrapped package; or
(4) other than at an outlet for which a license has been issued under section 302 of this chapter.
(d) A person who holds a license issued under section 302 of this chapter, or an employee or agent of that person, shall ensure that minors under the age of 18 years not have access to any vending machine or other device which dispenses tobacco products automatically and shall further ensure that such minors are prohibited from purchasing such tobacco products on their premises.
(e) A person who holds a tobacco vendor license issued under section 302 of this chapter shall prominently display a sign which clearly states that it is a violation of law for cigarettes or other tobacco products to be sold to any person under the age of 18 years of age. The Commissioner of the Department of Licensing and Consumer Affairs shall, through its rules and regulations, determine the type and size of the sign.
(f) No person shall be liable under the provisions of this section for more than one violation on any one day.
