Title 34, PUBLIC HEALTH AND SAFETY

No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. Source: SL 2009, ch 171 , § 1, approved eff. Nov. 10, 2010; SL 2019, ch 155 , § 2.

Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating § 34-46-14 of the provisions thereof. A violation of this section is a petty offense. Source: SL 2009, ch 171 , § 2, approved eff. Nov. 10, 2010.

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any private residence unless the private residence is used for day care. Source: SL 2009, ch 171 , § 4, approved eff. Nov. 10, 2010.

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements: (1) Generates ten pe…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any retail tobacco store that meets the following requirements: (1) Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products; (2) Is…

The following actions are unlawful: (1) To knowingly sell or distribute a tobacco product to a person under the age of twenty-one; (2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of…

A merchant shall conspicuously post a notice, on the merchant's premises, stating that "No person under the age of 21 may be sold tobacco products." Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in …

For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means,…

No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is: (1) A vending machine permitted unde…

A board of county commissioners may approve a license to operate a cigar bar outside of the boundary of a municipality, within its jurisdiction. A governing body of a municipality may approve a license to operate a cigar bar within its jurisdiction. Source: SL 2026, ch 154 , § 1.

A person may apply to a county or municipality for a license to operate a cigar bar on the same premises as an establishment licensed under subdivision 35-4-2 (4), (6), (12), or (16). The governing body of the county or municipality shall hold a public hearing and make a final de…

To be eligible for a license issued pursuant to § 34-46-22 , the establishment must: (1) Have a humidor on the premises; (2) Be enclosed by solid walls or windows, a solid ceiling, and a solid door; (3) Be equipped with a ventilation system so that exhausted air is not recirculat…

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to the premises of an establishment licensed pursuant to § 34-46-22 , except as provided in this section. An establishment licensed pursuant to § 34-46-22 to operate a cigar bar may permit the smoking of cigars p…

The governing body of a county or municipality may revoke or suspend a license to operate a cigar bar upon proof that: (1) The licensee does not meet the requirements provided in § 34-46-24 ; (2) The licensee, or an agent or employee acting on behalf of the licensee, has violated…

Prior to taking action pursuant to § 34-46-26 , the governing body of the county or municipality shall hold a hearing. The governing body shall: (1) Provide notice of the hearing to the licensee, at the address given on the license, at least thirty days prior to the date of the h…

A person issued a license to operate a cigar bar pursuant to § 34-46-22 may not sell or transfer the license to any other person. Source: SL 2026, ch 154 , § 7.

Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where tobacco products are sold or distributed to ensure compliance with this chapter. Persons under the …

The attorney general shall prepare annually for submission by the Governor to the United States Department of Health and Human Services reports as required under Section 1926 of Subpart I of Part B of Title XIX of the Federal Public Health Service Act (42 U.S.C. § 300X-26) as in …

A violation of § 34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2 (4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action broug…

No person may be charged with more than one violation in any twenty - four hour period which results from sales to persons purchasing during unannounced random inspections. Source: SL 1999, ch 178 , § 2.

Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the p…

There is hereby created the tobacco prevention and reduction program in the Department of Health. Source: SL 2000, ch 174 , § 1; SL 2001, ch 189 , § 1. 34-46-8

The Department of Health shall develop and approve a state - wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under § 34-46-10 may be appropriatel…