Title 13 — Health and Economic Welfare Services
14 chapters · 196 sections in this title.
A.S.C.A. § 13.1101 Purpose
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The Legislature of American Samoa finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. According to recent U.S. studies, every day more than 3,000 minors begin smoking. One-half of smokers begin before the age 1…
A.S.C.A. § 13.1102 Definitions
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As used in this chapter, unless the context clearly requires otherwise: (1) “Director” means the Director of Human and Social Services. (2) “Board” means the Tobacco Sales Hearing Board. (3) “Outlet” means any location, whether fixed or mobile, from which tobacco products are sol…
A.S.C.A. § 13.1103 Identification required
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(a) No person shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser’s age as eighteen years or older, unless the seller has some other conclusive basis for determining the b…
A.S.C.A. § 13.1104 License required
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Beginning on January 1, 1995, it shall be unlawful for any person to sell or distribute cigarettes or other tobacco products unless that person holds and maintains a valid license issued by the Director of Human and Social Services. The Director shall issue a license to all eligi…
A.S.C.A. § 13.1105 Display of license and sign
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A person holding a license issued under this chapter shall: (a) Prominently display the license, or a copy, at each outlet for which a license is issued; and (b) Prominently display a sign at each outlet that contains the following language in red lettering at least one-half inch…
A.S.C.A. § 13.1106 Out of package sales prohibited
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It is unlawful to sell or distribute cigarettes or tobacco products in any form other than the manufacturer’s package. History: 1994, PL 23-17.
A.S.C.A. § 13.1107 Fee
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The annual license fee is $25.00. Renewal of a license shall be made before January 1 of each year. A person violates the provisions of this chapter if he sells or distributes tobacco products after January 1 of each year without obtaining a valid license or renewal thereof. Hist…
A.S.C.A. § 13.1108 Nontransferability
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A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location. History: 1994, PL 23-17.
A.S.C.A. § 13.1109 Vending machine
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After December 31, 1994, cigarette vending machines or any other device for the sale or distribution of tobacco products are prohibited. Importation and possession of tobacco vending machines are prohibited. History: 1994, PL 23-17.
A.S.C.A. § 13.1110 Tobacco samples prohibited
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No person shall knowingly distribute or furnish without charge, or cause to be furnished or distributed without charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public. History: 1994…
A.S.C.A. § 13.1111 Duties of the Director
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It shall be the duty of the Director to implement the purposes of this chapter and to administer and enforced the law. The Director shall: (1) issue licenses for the sale of tobacco products; (2) provide signs to parties licensed to sell tobacco products concerning the prohibitio…
A.S.C.A. § 13.1112 Suspension, revocation, and nonrenewal of licenses
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The Board shall suspend, revoke or not renew a license for a particular outlet after notice and opportunity to be heard is given. (a) In the case of a first violation, the license shall be suspended for a period of not less than 14 days and not more than 30 days. (b) In the case …
A.S.C.A. § 13.1113 Penalties
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(a) In addition to the provisions of section 13.1112 above, any person that violates any provision of this chapter shall be subject to the following civil penalties. (1) Not less than $1,000.00 for the first violation. (2) Not less than $2,000.00 for the second violation. (3) Not…
A.S.C.A. § 13.1114 Tobacco Sales Hearing Board
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There shall be a Tobacco Hearing Board consisting of three members appointed by the Governor to serve for four year terms. The Board shall select its chairperson. The functions of the Tobacco Hearing Board shall be as follows: (a) to hear and determine cases pursuant to violation…
A.S.C.A. § 13.1115 Severability
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If any provision, clause, sentence, or paragraph of this act or the application thereof to any person or circumstances shall be held to be invalid, such invalidity shall not affect the provisions of this act which can be given effect without the invalid provision or application, …
A.S.C.A. § 13.1116 Sale of cigarettes without health warnings
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(a) The Territory of American Samoa adopts the United States Cigarette Labeling and Advertising Act. (b) It shall be unlawful for a person to sell or distribute in the Territory or to acquire, hold, own, possess, or transport for sale or distribution in the Territory, or to impor…