§ 14-313. Youth access to tobacco products. - North Carolina Statutes

Article 39.

Protection of Minors.

§ 14‑313.  Youth accessto tobacco products.

(a)        Definitions. – Thefollowing definitions apply in this section:

(1)        Distribute. – Tosell, furnish, give, or provide tobacco products, including tobacco productsamples, or cigarette wrapping papers to the ultimate consumer.

(2)        Proof of age. – Adrivers license or other photographic identification that includes the bearer'sdate of birth that purports to establish that the person is 18 years of age orolder.

(3)        Sample. – A tobaccoproduct distributed to members of the general public at no cost for the purposeof promoting the product.

(4)        Tobacco product. –Any product that contains tobacco and is intended for human consumption.

(b)        Sale ordistribution to persons under the age of 18 years. – If any person shalldistribute, or aid, assist, or abet any other person in distributing tobaccoproducts or cigarette wrapping papers to any person under the age of 18 years,or if any person shall purchase tobacco products or cigarette wrapping paperson behalf of a person, less than 18 years, the person shall be guilty of aClass 2 misdemeanor; provided, however, that it shall not be unlawful todistribute tobacco products or cigarette wrapping papers to an employee whenrequired in the performance of the employee's duties. Retail distributors oftobacco products shall prominently display near the point of sale a sign inletters at least five‑eighths of an inch high which states the following:

N.C. LAW STRICTLY PROHIBITS

THE PURCHASE OF TOBACCO PRODUCTS

BY PERSONS UNDER THE AGE OF 18.

PROOF OF AGE REQUIRED.

Failure to post the required signshall be an infraction punishable by a fine of twenty‑five dollars($25.00) for the first offense and seventy‑five dollars ($75.00) for eachsucceeding offense.

A person engaged in the saleof tobacco products shall demand proof of age from a prospective purchaser ifthe person has reasonable grounds to believe that the prospective purchaser isunder 18 years of age. Failure to demand proof of age as required by thissubsection is a Class 2 misdemeanor if in fact the prospective purchaser isunder 18 years of age. Retail distributors of tobacco products shall traintheir sales employees in the requirements of this law. Proof of any of thefollowing shall be a defense to any action brought under this subsection:

(1)        The defendantdemanded, was shown, and reasonably relied upon proof of age in the case of aretailer, or any other documentary or written evidence of age in the case of anonretailer.

(2)        The defendant reliedon the electronic system established and operated by the Division of MotorVehicles pursuant to G.S. 20‑37.02.

(3)        The defendant reliedon a biometric identification system that demonstrated (i) the purchaser's ageto be at least the required age for the purchase and (ii) the purchaser hadpreviously registered with the seller or seller's agent a drivers license, aspecial identification card issued under G.S. 20‑377.7, a militaryidentification card, or a passport showing the purchaser's date of birth andbearing a physical description of the person named on the card.

(b1)      Vending machines. –Tobacco products shall not be distributed in vending machines; provided,however, vending machines distributing tobacco products are permitted (i) inany establishment which is open only to persons 18 years of age and older; or(ii) in any establishment if the vending machine is under the continuouscontrol of the owner or licensee of the premises or an employee thereof and canbe operated only upon activation by the owner, licensee, or employee prior toeach purchase and the vending machine is not accessible to the public when theestablishment is closed. The owner, licensee, or employee shall demand proof ofage from a prospective purchaser if the person has reasonable grounds tobelieve that the prospective purchaser is under 18 years of age. Failure todemand proof of age as required by this subsection is a Class 2 misdemeanor ifin fact the prospective purchaser is under 18 years of age. Proof that thedefendant demanded, was shown, and reasonably relied upon proof of age shall bea defense to any action brought under this subsection. Vending machinesdistributing tobacco products in establishments not meeting the aboveconditions shall be removed prior to December 1, 1997. Any person distributingtobacco products through vending machines in violation of this subsection shallbe guilty of a Class 2 misdemeanor.

(c)        Purchase by personsunder the age of 18 years. – If any person under the age of 18 years purchasesor accepts receipt, or attempts to purchase or accept receipt, of tobaccoproducts or cigarette wrapping papers, or presents or offers to any person anypurported proof of age which is false, fraudulent, or not actually his or herown, for the purpose of purchasing or receiving any tobacco product orcigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor.

(d)        Send or assistperson less than 18 years to purchase or receive tobacco product. – If anyperson shall send a person less than 18 years of age to purchase, acquire,receive, or attempt to purchase, acquire, or receive tobacco products orcigarette wrapping papers, or if any person shall aid or abet a person  who isless than 18 years of age in purchasing, acquiring, or receiving or attemptingto purchase, acquire, or receive tobacco products or cigarette wrapping papers,the person shall be guilty of a Class 2 misdemeanor; provided, however, personsunder the age of 18 may be enlisted by police or local sheriffs' departments totest compliance if the testing is under the direct supervision of that lawenforcement department and written parental consent is provided; providedfurther, that the Department of Health and Human Services shall have theauthority, pursuant to a written plan prepared by the Secretary of Health andHuman Services, to use persons under 18 years of age in annual, random,unannounced inspections, provided that prior written parental consent is givenfor the involvement of these persons and that the inspections are conducted forthe sole purpose of preparing a scientifically and methodologically validstatistical study of the extent of success the State has achieved in reducingthe availability of tobacco products to persons under the age of 18, andpreparing any report to the extent required by section 1926 of the federalPublic Health Service Act (42 USC § 300x‑26).

(e)        Statewideuniformity. – It is the intent of the General Assembly to prescribe thisuniform system for the regulation of tobacco products to ensure the eligibilityfor and receipt of any federal funds or grants that the State now receives ormay receive relating to the provisions of G.S. 14‑313. To ensureuniformity, no political subdivisions, boards, or agencies of the State nor anycounty, city, municipality, municipal corporation, town, township, village, norany department or agency thereof, may enact ordinances, rules or regulationsconcerning the sale, distribution, display or promotion of tobacco products orcigarette wrapping papers on or after September 1, 1995. This subsection doesnot apply to the regulation of vending machines, nor does it prohibit theSecretary of Revenue from adopting rules with respect to the administration ofthe tobacco products taxes levied under Article 2A of Chapter 105 of theGeneral Statutes.

(f)         Deferredprosecution. – Notwithstanding G.S. 15A‑1341(a1), any person charged witha misdemeanor under this section shall be qualified for deferred prosecutionpursuant to Article 82 of Chapter 15A of the General Statutes provided thedefendant has not previously been placed on probation for a violation of thissection and so states under oath. (1891, c. 276; Rev., s. 3804; C.S., s. 4438; 1969, c.1224, s. 3; 1991, c. 628, s. 1; 1993, c. 539, s. 216; 1994, Ex. Sess., c. 24,s. 14(c); 1995, c. 241, s. 1; 1997‑434, ss. 1‑6; 1997‑443, s.11A.118(a); 2001‑461, s. 5; 2002‑159, s. 5; 2005‑350, s.6(b).)