Title 39 — HEALTH AND SAFETY
84 chapters · 1,109 sections in this title.
Idaho Code § 39-5701 Legislative findings and intent
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39-5701. Legislative findings and intent. The prevention of youth access to tobacco products and electronic smoking devices within the state of Idaho is hereby declared to be a state goal to promote the general health and welfare of Idaho’s young people. Tobacco use is the leadin…
Idaho Code § 39-5702 Definitions
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39-5702. Definitions. The terms used in this chapter are defined as follows: (1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities. (2) "Delivery sale"…
Idaho Code § 39-5703 Possession, distribution, or use by a minor
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39-5703. Possession, distribution, or use by a minor. (1) It shall be unlawful for a minor to possess, receive, purchase, use, or consume tobacco products or electronic smoking devices or to attempt any of the foregoing. (2) It shall be unlawful for a minor to sell or distribute …
Idaho Code § 39-5704 Permitting of tobacco products or electronic smoking devices retailers
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39-5704. Permitting of tobacco products or electronic smoking devices retailers. (1) It shall be unlawful to sell or distribute or offer tobacco products or electronic smoking devices for sale or distribution at retail or to possess tobacco products or electronic smoking devices …
Idaho Code § 39-5705 Sale or distribution of tobacco products or electronic smoking devices to a minor
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39-5705. Sale or distribution of tobacco products or electronic smoking devices to a minor. (1) It shall be unlawful to sell, distribute, or offer tobacco products or electronic smoking devices to a minor. (2) It shall be an affirmative defense that the seller of a tobacco produc…
Idaho Code § 39-5706 Vendor-assisted sales
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39-5706. Vendor-assisted sales. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices by any means other than vendor-assisted sales where the customer has no access to the product except through the assistance of the seller. (2) It shall be…
Idaho Code § 39-5707 Opened packages and samples
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39-5707. Opened packages and samples. (1) It shall be unlawful to sell or distribute tobacco products or electronic smoking devices for commercial purposes other than in the federally required sealed package provided by the manufacturer with all the required warning labels and he…
Idaho Code § 39-5708 Civil penalties for violations of permit
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39-5708. Civil penalties for violations of permit. (1) Any permittee who fails to comply with any part of this chapter regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section or have thei…
Idaho Code § 39-5709 Criminal penalties for violations without a permit
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39-5709. Criminal penalties for violations without a permit. Sale or distribution of tobacco products or electronic smoking devices, or any violation of this chapter, without a permit is considered by the state of Idaho as an effort to subvert the state’s public purpose to preven…
Idaho Code § 39-5710 Conduct of enforcement actions
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39-5710. Conduct of enforcement actions. (1) It is the intent of the legislature that law enforcement agencies, the attorney general, and the department shall enforce this chapter in a manner that can reasonably be expected to significantly reduce the extent to which tobacco prod…
Idaho Code § 39-5711 Funding and creation of prevention of minors’ access to tobacco products or electronic smoking devices fund
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39-5711. Funding and creation of prevention of minors’ access to tobacco products or electronic smoking devices fund. There is hereby created the prevention of minors’ access to tobacco products or electronic smoking devices fund in the state treasury. Moneys in the fund shall be…
Idaho Code § 39-5713 Local ordinances PROHIBITED
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39-5713. Local ordinances PROHIBITED. No local unit of government may adopt or enforce requirements for the regulation, marketing, or sale of tobacco products or electronic smoking devices that are more restrictive than or in addition to this chapter. No local unit of government …
Idaho Code § 39-5714 Requirements for delivery sales
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39-5714. Requirements for delivery sales. (1) No permittee shall make a delivery sale of tobacco products or electronic smoking devices to any individual who is under age twenty-one (21) years in this state. (2) Each permittee taking a delivery sale order shall comply with: the a…
Idaho Code § 39-5715 Age verification requirements
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39-5715. Age verification requirements. No permittee shall mail or ship tobacco products or electronic smoking devices in connection with a delivery sale order unless, before mailing or shipping such tobacco products or electronic smoking devices, the permittee accepting the deli…
Idaho Code § 39-5716 Disclosure and notice requirements
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39-5716. Disclosure and notice requirements. For all delivery sales a permittee shall post on any advertisement or website: (1) The cautionary language for signs under section 39-5704(6), Idaho Code; (2) A prominent and clearly legible statement that consists of one (1) of the wa…
Idaho Code § 39-5717 Shipping requirements — tobacco products or electronic smoking devices
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39-5717. Shipping requirements — tobacco products or electronic smoking devices. Each permittee who mails or ships tobacco products or electronic smoking devices in connection with a delivery sale order shall include as part of the shipping documents a clear and conspicuous state…
Idaho Code § 39-5718 Registration and reporting requirements
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39-5718. Registration and reporting requirements. (1) Prior to making delivery sales or shipping tobacco products or electronic smoking devices in connection with any such sales, every business shall obtain a permit from the department and file with the state tax commission a sta…