Section 97-32-7 - Retail sales clerks; notification and agreement; penalties for violations

(1) Every person engaged in the business of selling tobacco products or alternative nicotine products at retail shall notify each individual employed by that person as a retail sales clerk that state law:(a) Prohibits the sale or distribution of tobacco products or alternative nicotine products, including samples, to any person under twenty-one (21) years of age and the purchase or receipt of tobacco products or alternative nicotine products by any person under twenty-one (21) years of age; and(b) Requires that proof of age be demanded from a prospective purchaser or recipient if the prospective purchaser or recipient is under the age of twenty-one (21) years. Every person employed by a person engaged in the business of selling tobacco products or alternative nicotine products at retail shall sign an agreement with his employer in substantially the following or similar form: 'I understand that state and federal law prohibit the sale or distribution of tobacco products and alternative nicotine products to persons under the age of twenty-one (21) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under twenty-one (21)

icotine products to persons under the age of twenty-one (21) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under twenty-one (21) years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product or alternative nicotine product to be over the age of twenty-one (21) years. I promise, as a condition of my employment, to observe this law.'(2) Any person violating the provisions of this section shall be penalized not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).(3) No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees. Laws, 1997, ch. 578, § 4, eff. 2/1/1998.Amended by Laws, 2020, ch. 470, SB 2596,§ 5, eff. 7/8/2020.