{
 "citation": "14:91.8",
 "heading": "Unlawful sale, purchase, or possession of tobacco, alternative nicotine products, or",
 "doc_id": "78717",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78717",
 "classification": "M",
 "enacted_year": "1991",
 "last_amended_year": "2022",
 "penalties": [
  {
   "subsection": "H(1)",
   "text": "H.(1) A person who violates the provisions of this Section by selling or buying tobacco products, alternative nicotine products, or vapor products shall be fined not more than fifty dollars for the first violation.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "H(1)",
   "text": "The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than four hundred dollars for any violation thereafter.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "H(2)",
   "text": "(2) A person who violates the provisions of this Section by possessing tobacco products, alternative nicotine products, or vapor products shall be fined not more than fifty dollars for each violation.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "I",
   "text": "For the first such violation, the owner shall be fined not more than fifty dollars.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "I",
   "text": "The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than five hundred dollars for any violation thereafter.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:91.8\n\n\u00a791.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine products, or\nvapor products; signs required; penalties\n\nA. This Section shall be known and may be cited as the \"Prevention of Youth Access\nto Tobacco Law\".\n\nB. It is the intent of the legislature that enforcement of this Section shall be\nimplemented in an equitable manner throughout the state. For the purpose of equitable and\nuniform implementation and application of state and local laws and regulations, the\nprovisions of this Section shall supersede existing or subsequently adopted local ordinances\nor regulations which relate to the sale, promotion, and distribution of tobacco products,\nalternative nicotine product, or vapor product. It is the intent of the legislature that this\nSection shall be equitably enforced so as to ensure the eligibility for and receipt of any\nfederal funds or grants the state now receives or may receive relating to the provisions of this\nSection.\n\nC. It is unlawful for any manufacturer, distributor, retailer, or other person to sell or\ndistribute any tobacco product, alternative nicotine product, or vapor product to a person\nunder the age of twenty-one. However, it shall not be unlawful for a person under the age\nof twenty-one to accept receipt of a tobacco product, alternative nicotine product, or vapor\nproduct from an employer when required in the performance of such person's duties. At the\npoint of sale, a sign, in not less than thirty-point type, shall be displayed in a manner\nconspicuous to both employees and consumers, within any location where tobacco products,\nalterative nicotine products, vapor products, or vapor paraphernalia and devices are available\nfor purchase, that reads \"LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO\nPRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS,\nVAPOR PARAPHERNALIA AND DEVICES TO PERSONS UNDER AGE 21\". The sign\nshall also include a notice that displays the telephone number for the Louisiana Tobacco\nQuitline (1-800-QUIT-NOW) and the website for the Louisiana Tobacco Quitline\n(www.quitwithusla.org), as determined by the Louisiana Department of Health.\n\nD. It is unlawful for a vending machine operator to place in use a vending machine\nto vend any tobacco product, alternative nicotine product, or vapor product automatically,\nunless the machine displays a sign or sticker in not less than twenty-two-point type on the\nfront of the machine stating, \"LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO\nPRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO\nPERSONS UNDER AGE 21\". The sign shall also include a notice that displays the\ntelephone number for the Louisiana Tobacco Quitline (1-800-QUIT-NOW) and the website\nfor the Louisiana Tobacco Quitline (www.quitwithusla.org), as determined by the Louisiana\nDepartment of Health.\n\nE. It is unlawful for any person under the age of twenty-one to be sold any tobacco\nproduct, alternative nicotine product, or vapor product.\n\nF.(1) It is unlawful for any person under the age of twenty-one to possess any\ntobacco product, alternative nicotine product, or vapor product.\n\n(2) However, it shall not be unlawful for a person under the age of twenty-one to\npossess a tobacco product, alternative nicotine product, or vapor product under any of the\nfollowing circumstances:\n\n(a) When a person under eighteen years of age is accompanied by a parent, spouse,\nor legal guardian twenty-one years of age or older.\n\n(b) In private residences.\n\n(c) When the tobacco product, alternative nicotine product, or vapor product is\nhandled during the course and scope of his employment and required in the performance of\nsuch person's duties.\n\nG. For purposes of this Section, the following definitions apply:\n\n(1) \"Alternative nicotine product\" means any non-combustible product containing\nnicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or\ningested by any other means. \"Alternative nicotine product\" does not include any:\n\n(a) Tobacco product.\n\n(b) Vapor product.\n\n(c) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).\n\n(d) Device pursuant to 21 U.S.C. 321(h).\n\n(e) Combination product described in 21 U.S.C. 353(g).\n\n(2) \"Cigar\" means any roll of tobacco for smoking, irrespective of size or shape, and\nirrespective of the tobacco being flavored, adulterated, or mixed with any other ingredients,\nwhere such roll has a wrapper made chiefly of tobacco.\n\n(3) \"Cigarette\" means any roll for smoking made wholly or in part of tobacco,\nirrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or\nmixed with any other ingredient, where such roll has a wrapper or cover made of paper, or\nany other material, except where such wrapper is wholly or in greater part made of tobacco.\n\n(4) \"Smokeless tobacco\" means any finely cut, ground, powdered, or leaf tobacco\nthat is intended to be placed in the oral or nasal cavity.\n\n(5) \"Smoking tobacco\" means granulated, plug cut, crimp cut, ready rubbed, and any\nother kind and form of tobacco prepared in such manner as to be suitable for smoking in a\npipe or cigarette.\n\n(6) \"Tobacco product\" means any cigar, cigarette, smokeless tobacco, or smoking\ntobacco.\n\n(7) \"Vapor product\" means any non-combustible product containing nicotine or other\nsubstances that employs a heating element, power source, electronic circuit, or other\nelectronic, chemical or mechanical means, regardless of shape or size, that can be used to\nproduce vapor from nicotine in a solution or other form. \"Vapor product\" includes any\nelectronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product\nor device and any vapor cartridge or other container of nicotine in a solution or other form\nthat is intended to be used with or in an electronic cigarette, electronic cigar, electronic\ncigarillo, electronic pipe, or similar product or device. \"Vapor product\" does not include any\nof the following:\n\n(a) Product that is a drug pursuant to 21 U.S.C. 321(g)(1).\n\n(b) Device pursuant to 21 U.S.C. 321(h).\n\n(c) Combination product described in 21 U.S.C. 353(g).\n\nH.(1) A person who violates the provisions of this Section by selling or buying\ntobacco products, alternative nicotine products, or vapor products shall be fined not more\nthan fifty dollars for the first violation. The penalties for subsequent violations shall be a fine\nof not more than one hundred dollars for the second violation, a fine of not more than two\nhundred fifty dollars for the third violation, and a fine of not more than four hundred dollars\nfor any violation thereafter.\n\n(2) A person who violates the provisions of this Section by possessing tobacco\nproducts, alternative nicotine products, or vapor products shall be fined not more than fifty\ndollars for each violation.\n\nI. A violation of the signage requirement of Subsection C of this Section shall be\ndeemed to be a violation by the owner of the establishment where the violation occurred. A\nviolation of the signage requirement of Subsection D of this Section shall be deemed to be\na violation by the owner of the vending machine. For the first such violation, the owner shall\nbe fined not more than fifty dollars. The penalties for subsequent violations shall be a fine\nof not more than one hundred dollars for the second violation, a fine of not more than two\nhundred fifty dollars for the third violation, and a fine of not more than five hundred dollars\nfor any violation thereafter.\n\nJ. The law enforcement agency issuing the citation or making the arrest or the clerk\nof the court in which a prosecution is initiated, as the case may be, shall notify the\ncommissioner of the office of alcohol and tobacco control of the action and the final\ndisposition of the matter.\n\nActs 1991, No. 919, \u00a71; Acts 1994, 3rd Ex. Sess., No. 64, \u00a71; Acts 1997, No. 1010,\n\u00a71; Acts 2014, No. 278, \u00a71, eff. May 28, 2014; Acts 2018, No. 188, \u00a71, eff. Nov. 1, 2018;\nActs 2021, No. 403, \u00a71; Acts 2022, No. 34, \u00a71."
}