Distribution of tobacco product samples

(a) As used in this Code section, the term “tobacco product sample” means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product. (b) It shall be unlawful for any person to distribute any tobacco product sample to any individual under the age of 21 years. (c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 21 years. (d) It shall be unlawful for any individual who has not attained the age of 21 years to receive or attempt to receive any tobacco product sample. (e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by individuals under the age of 21 years. (f) A violation of subsection (b), (c), or (e) of this Code section shall be punished as a misdemeanor. A violation of subsection (d) of this Code section shall be punished as provided for in paragraph (2) of subsection (b) of Code Section 16-12-171. History. Code 1981, § 16-12-174, enacted by Ga. L. 1993, p. 343, § 5; Ga. L. 2014, p. 130, § 5/HB 251; Ga. L. 2020, p. 257, § 1/SB 375. 16-12-175. Enforcement actions; collection and report of fines; inspections by law enforcement agencies; annual report. (a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred as well as through administrative citations issued by special agents or enforcement officers of the state revenue commissioner. Any fine collected for a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the state revenue commissioner of the violation. 169 16-12-176 (b) The state revenue commissioner, acting through special agents or enforcement officers, shall annually conduct random, unannounced inspections at locations where cigarettes, tobacco products, alternative nicotine products, or vapor products are sold or distributed to ensure compliance with this article. Individuals under the age of 21 years may be enlisted to test compliance with this article; provided, however, that such individuals may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers and written parental consent for any individual under the age of 18 years has been provided. Any other use of individuals under the age of 21 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful, and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The state revenue commissioner shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of Subpart I of Part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26. History. Code 1981, § 16-12-175, enacted by Ga. L. 1993, p. 343, § 5; Ga. L. 2000, p. 1343, § 1; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 130, § 6/HB 251; Ga. L. 2020, p. 257, § 1/SB 375. Editor’s notes. Ga. L. 2011, p. 752, § 16(7)/HB 142, which amended this Code section, purported to amend Code Section 6-12-175 but actually amended Code Section 16-12-175.