Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.925

Section 407.926.1

407.927→

August 28, 2015

No tobacco sales to minors--penalties--alternative nicotine products and vapor products, sale to minors prohibited--nicotine liquid containers, requirements, penalty.

407.926. 1. Any person or entity who sells tobacco products,

alternative nicotine products, or vapor products shall deny the sale of

such tobacco products to any person who is less than eighteen years of age.



2. Any person or entity who sells or distributes tobacco products,

alternative nicotine products, or vapor products by mail or through the

internet in this state in violation of subsection 1 of this section shall

be assessed a fine of two hundred fifty dollars for the first violation and

five hundred dollars for each subsequent violation.



3. Alternative nicotine products and vapor products shall only be

sold to persons eighteen years of age or older, shall be subject to local

and state sales tax, but shall not be otherwise taxed or regulated as

tobacco products.



4. (1) Any nicotine liquid container that is sold at retail in this

state shall satisfy the child-resistant effectiveness standards set forth

in 16 CFR 1700.15(b) as in effect on August 28, 2015, when tested in

accordance with the method described in 16 CFR 1700.20 as in effect on

August 28, 2015.



(2) For the purposes of this subsection, "nicotine liquid container"

shall mean a bottle or other container of liquid or other substance

containing nicotine if the liquid or substance is sold, marketed, or

intended for use in a vapor product. A "nicotine liquid container" shall

not include a liquid or other substance containing nicotine in a cartridge

that is sold, marketed, or intended for use in a vapor product, provided

that such cartridge is prefilled and sealed by the manufacturer and not

intended to be opened by the consumer.



(3) Any person who engages in retail sales of liquid nicotine

containers in this state in violation of this subsection shall be assessed

a fine of two hundred fifty dollars for the first violation and five

hundred dollars for each subsequent violation.



(4) The department of health and senior services may adopt rules

necessary to carry out the provisions of this subsection. Any rule or

portion of a rule, as that term is defined in section 536.010, that is

created under the authority delegated in this section shall become

effective only if it complies with and is subject to all of the provisions

of chapter 536 and, if applicable, section 536.028. This section and

chapter 536 are nonseverable and if any of the powers vested with the

general assembly under chapter 536 to review, to delay the effective date,

or to disapprove and annul a rule are subsequently held unconstitutional,

then the grant of rulemaking authority and any rule proposed or adopted

after August 28, 2015, shall be invalid and void.



(5) The provisions of this subsection and any rules adopted hereunder

shall be null, void, and of no force and effect upon the effective date of

the final regulations issued by the federal Food and Drug Administration or

from any other federal agency if such regulations mandate child-resistant

effectiveness standards for nicotine liquid containers.



(L. 2001 H.B. 381, A.L. 2014 S.B. 841, A.L. 2015 H.B. 531)





2014

2001



2014



407.926. 1. Any person or entity who sells tobacco products,

alternative nicotine products, or vapor products shall deny the sale of

such tobacco products to any person who is less than eighteen years of age.



2. Any person or entity who sells or distributes tobacco products,

alternative nicotine products, or vapor products by mail or through the

internet in this state in violation of subsection 1 of this section shall

be assessed a fine of two hundred fifty dollars for the first violation and

five hundred dollars for each subsequent violation.



3. Alternative nicotine products and vapor products shall only be

sold to persons eighteen years of age or older, shall be subject to local

and state sales tax, but shall not be otherwise taxed or regulated as

tobacco products.



2001



407.926. 1. Any person or entity who sells tobacco products shall deny

the sale of such tobacco products to any person who is less than eighteen

years of age.



2. Any person or entity who sells or distributes tobacco products by

mail or through the internet in this state in violation of subsection 1 of

this section shall be assessed a fine of two hundred * fifty dollars for the

first violation and five hundred dollars for each subsequent violation.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.