Legal Disclaimer: This information provided herein and found on the We Card website is provided as a service of the The We Card Program, Inc. This information is not intended to be, or to provide, legal advice or analysis, and it is not intended to be complete representation of federal, state or local law, or federal Food & Drug Administration (FDA) regulations. Federal, state and local laws, as well as FDA regulations, may contain additional rules and restrictions relating to tobacco products not mentioned on this web site. Users of this web site should not rely on this web site as complete or accurate descriptions of applicable federal, state or local law, or FDA regulations. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from federal or state law. • 19 Year Old Minimum Age Restriction • Minimum Age to Ask for ID • Age Restricted Products - Tobacco and Vapor • Acceptable Forms of ID • State Required Sign • Fines and Penalties • We Card Responsible Retailing Resources New Hampshire New Law Effective Date January 1, 2020 Minimum-Age: 19 years old Contents
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Legal Disclaimer: This information provided herein and found on the We Card website is provided as a service of the The We Card Program, Inc. This information is not intended to be, or to provide, legal advice or analysis, and it is not intended to be complete representation of federal, state or local law, or federal Food & Drug Administration (FDA) regulations. Federal, state and local laws, as well as FDA regulations, may contain additional rules and restrictions relating to tobacco products not mentioned on this web site. Users of this web site should not rely on this web site as complete or accurate descriptions of applicable federal, state or local law, or FDA regulations. Users with questions about the law should seek the advice of counsel. Each state law is unique and possibly represents multiple legislative or regulatory acts. Local laws may differ. Check with local authorities for variations from federal or state law.
• 19 Year Old Minimum Age Restriction• Minimum Age to Ask for ID • Age Restricted Products - Tobacco and Vapor• Acceptable Forms of ID• State Required Sign• Fines and Penalties
• We Card Responsible Retailing Resources
New Hampshire New Law
Effective DateJanuary 1, 2020
Minimum-Age: 19 years old
Contents
New Hampshire Law Summary
FDA Summary (Federal)
FDA Summary (Federal) You must follow New Hampshire’s 19 year minimum-age since it is higher than FDA’s 18 year minimum-age requirement.
You must Check photo ID of everyone appearing under age 27 who attempts to purchase FDA regulated products and verify the customer is of legal age to purchase. This is an each-and-every time requirement (even if you know the person to be of legal are.) If you "carded" them yesterday, you must "card" them again today!
Decline a sale when the customer is underage, has no photo ID, the photo ID contains no date-of-birth or the photo ID has expired.
NEW MINIMUM-AGE Law effective January 1, 2020 is 19 years old.
Customers must be 19 years or older to purchase tobacco products, e-cigarettes and e-vapor products (See Restricted Products section). It is illegal to sell, give or furnish or cause or allow or procure to be sold, given or furnished tobacco products, e-cigarettes or liquid nicotine to persons under the age of 19, even if the minor were to provide a note from an adult requesting such sale, gift, or delivery.
There is no state requirement, therefore you must following FDA’s requirement (see below) to ask for ID of under 27 year old customers.
New Hampshire Law Summary
FDA Summary (Federal)
Age Restricted Products - Tobacco and Vapor
Any product containing tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, e-cigarettes, liquid nicotine, chewing tobacco, snuff, pipe tobacco, smokeless tobacco and smokeless cigarettes, as well as rolling papers.
New Hampshire Law Summary
FDA Summary (Federal)Unless otherwise required by state or local law, FDA recommends that retailers accept only government-issued photographic identification with the bearer’s date of birth. (e.g., State-issued driver’s license or identification card, military identification card, passport or immigration card) for establishing a legal age to purchase FDA regulated products. The Photo ID is not acceptable if it has expired.
A New Hampshire or other state or Canadian province’s valid driver’s license which bears the birth date, name, address and picture of the individual; an armed services identification card; or a valid passport from a country with whom the United States maintains diplomatic relations. Photographic identification must be consistent with the appearance of the person and shall be correct and free of alteration, erasure, blemish, or other impairment.
New Hampshire Law Summary
New Hampshire Law Summary
A sign must be posted at any location where Restricted Products are sold or distributed which states:
STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS OR E-CIGARETTES TO PERSONS UNDER AGE 19. WARNING: VIOLATORS OF THESE PROVISIONS MAY BE SUBJECT TO A FINE.
The New Hampshire Liquor Commission, when issuing or renewing a retail tobacco license, shall furnish the required signs.
Contact the New Hampshire Liquor Commission for the signs:
NHLC Bureau of Liquor Enforcement 10 Commercial Street P.O. Box 1795 Concord, NH 03301603-271-8531
FDA Summary (Federal)
Violation is a civil infraction punishable by a fine not to exceed $250 for the first offense and $500 for the second offense.
For the third offense, the enforcement authority shall issue a letter of warning detailing necessary corrective actions and a fine ranging from $500 to $1500 and the license to sell tobacco products where the offense occurred shall be suspended for a period of 10-30 consecutive days. For the fourth offense, the commission shall issue either a fine
FDA has a variety of enforcement tools to address retailers who violate Federal statutes or regulations, including civil money penalties, warning letters, seizures, injunctions, no-sale orders and/or criminal prosecution. Retailers who violate the regulations may also be in violation of state law and subject to state penalties or other related orders.
New Hampshire Law Summary
from $750 to $3,000, and a suspension of a minimum of 10-40 consecutive days, or a suspension. For any violation beyond the fourth, the license shall be revoked at the location where the infraction occurred for a period of one year from the date of revocation. In addition to the civil penalty, a person who violates this section shall be guilty of a violation for the first offense and a misdemeanor for each subsequent offense.
Violations for selling, giving or furishing rolling papers to a minor: Violation is a civil infraction punishable by a fine not to exceed $250 for the first offense, $500 for the second offense and $750 for the third and subsequent offenses.
FDA Fines and penalties shown here are as of Nov. 1, 2019.
Responsible Retailing Resources
Page 20 | We Card Guide to Best Practices | WECARD.ORG
About We CardThe We Card Program is a national non-profit organization focused on ensuring that age-restricted product retailers are fully educated, trained and prepared to reject underage sales.
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