VIRGINIA STATE LAW

TOBACCO PRODUCTS AND YOUTH

18.2-371.2 State law

TOBACCO PRODUCTS & YOUTH, 18.2-371.2

The Responsibility of Retailers, Manufacturers

No one is permitted to sell or give tobacco products to anyone under 18, not even if the minor says it is for a parent. Clerks must request age ID as they do for alcohol sales.

One cannot "knowingly permit the purchase" of tobacco products by anyone under 18. This includes vending machine sales.

Signs must be posted in a conspicuous place stating tobacco sales to minors are prohibited.

Vending machines with tobacco products must have a conspicuously placed sign stating tobacco sales to minors are prohibited.

Retailers must not sell tobacco in a vending machine unless: it is inside and within normal sight of employees, more than 10 feet from entrance, or requires token for operation.

"Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the required health warning."


The Responsibility of Individuals:

In regard to tobacco products, it is against the law for any person to sell to, or give to, or distribute to, or purchase for, or allow a vending machine purchase by anyone under the age of 18.

The Responsibility of Those Under 18:

Persons under 18 are not permitted to buy or possess any tobacco products.


Maximum Civil Penalties:

$50 for 1st violation;
$100 for 2nd violation.

Subsequent violation by adult is $250; by minor is $100 and driving license suspension or curfew; vending machine sale $100. $100 is sign violation penalty.


Enforcement:

Any law enforcement officer may issue a summons for a violation of sales, gifts, and possession. Sign, packaging, vending machine violations may be enforced by county/city attorney.

A 1991 amendment prohibits the right of parents to take a store to court.

A 1997 amendment permits the Alcohol Beverage Control Board to make compliance checks of stores.