T21 Web Declaration In January 2020, CTP released a web statement detailing the T21 Act and what it means for retailers going forward. * The sale of cigarettes, cigarette tobacco, and smokeless tobacco through vending machines and self-service displays is only permitted in adult-only establishments where no one under the age of 21 is allowed to enter or be present (or a higher minimum age if your state or city has a higher age limit). The South Carolina Department of Health and Environmental Control reports that more high school students smoke e-cigarettes than other tobacco products in the state. Until the FDA issues guidelines or regulations on what constitutes an FDA « approved training program, » the FDA states that « the agency intends to use a lower maximum civil penalty schedule for all retailers who violate regulations restricting the sale and distribution of cigarettes and smokeless tobacco products. » whether or not they have implemented an educational program. However, the FDA may consider further reducing the civil fine for retailers who have implemented a training program. « The federal minimum age law of 21 for all tobacco and vaping products must be respected. There are no exceptions to the federal law. Even though state law may vary the minimum age, the federal law 21 minimum age must be followed. State law states that it is illegal to sell, provide, or give away tobacco products to anyone under the age of 18.
E-liquid means « a substance that: a) may or may not contain nicotine; (b) is intended to be vaporized and inhaled with a vaping product; and (c) is a legal substance under the laws of that state and the laws of the United States … S.C. Code Ann. § 16-17-501(8) (2022) CHARLESTON, S.C. (WCBD) – 21 is now the legal age to purchase tobacco in the United States. The FDA says the rule applies to cigarettes, cigars and e-cigarettes. This comes amid an outbreak of vaping-related lung injuries, including at least one death in South Carolina. This is the first in a long line of efforts to reduce youth smoking. 20. In December 2019, the President signed a law amending the Federal Law on Food, Medicines and Cosmetics and raising the minimum age for the sale of tobacco products from 18 to 21. This law (known as « Tobacco 21 » or « T21 ») came into effect immediately, and it is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to anyone under the age of 21. The new federal minimum age applies to all retail establishments and to persons without exception.
Unless otherwise required by state or local law, the FDA recommends that retailers only accept government-issued photo identification with the owner`s date of birth. (e.g., government-issued driver`s license or ID card, military ID card, passport, or immigration card) to establish a legal age to purchase FDA-regulated products. Photo ID will not be accepted if it has expired. You must verify the photo ID of all persons under the age of 30 who attempt to purchase FDA-regulated products and verify that the customer is of legal age. This is a time requirement (even if you know the person is legal). If you « filed » them yesterday, you must « map » them again today! Disclaimer: A U.S. District Court struck down this rule in February 2020. However, it is expected that these regulations will be reviewed and may re-enter into force before the courts after ongoing adjustments or legal issues. Therefore, retailers should be prepared for this requirement IF it is required once the legal issues have been resolved by the court. Failure to require proof of age from a minor purchaser will result in a civil penalty ranging from $25 to $100. Retailers looking for a quick guide on how to amend the Federal Minimum Age Act for Selling Tobacco Products can find one here. In 2009, during the administration of Barack Obama, the Family Smoking Prevention and Tobacco Control Act was passed, which again established a federal minimum age of eighteen and prohibited the FDA from setting a higher minimum age of purchase.
[8] From 1993 to 2012, the smoking age was eighteen or nineteen in all states. In 2005, the city of Needham, Massachusetts, became the first jurisdiction in the country to raise the minimum purchasing age to 21. [9] Between 2012 and 2015, local communities in the United States. began raising the smoking age to twenty-one, with Hawaii becoming the first state to increase its age to twenty-one in 2015. [10] This began the shift to states that eventually raised their age to twenty-one due to the teen vaping crisis. [11] In 2019, eighteen states had their minimum purchasing age at twenty-one, thirty states had their age at eighteen, two had it at nineteen, and the District of Columbia had it at twenty-one. On December 20, 2019, with the passage of fiscal year 2020 funds signed by President Donald Trump, the federal age for smokers was raised to twenty-one by changing the minimum age of purchase in the Synar Amendment of 1992. [12] The U.S. Department of Defense followed suit and raised the age for buying tobacco at military bases in the United States and abroad to twenty-one. [13] Prohibition on the sale or distribution of nicotine replacement products to persons under 18 years of age. S.C.
Code ann. §§ 16-17-500(A); 16-17-502(A) (2022) In the United States, laws regarding the minimum age for the purchase and consumption of tobacco products have been enacted by the states, territories, the District of Columbia and the federal government.