New Jersey Tobacco Age Of Sale Enforcement NEW!

The retail environment is now the major channel used by Big Tobacco to promote initiation & use of tobacco products. Most tobacco products are bought in the retail establishment, and the industry forces most of its marketing efforts in these settings. Point-of-sale Strategies enhance state and local tobacco control efforts by reducing exposure to tobacco products and advertising in stores. Implementing point of sale policies in your community will strengthen the comprehensive approach the state is taking to combat tobacco use rates among youth and adults.

New Jersey Tobacco Age Of Sale Enforcement

Tobacco Age of Sale Enforcement (TASE) inspections are conducted throughout the year to determine if retail tobacco outlets are in compliance with Federal, State and local laws regulating the sale of tobacco products to minors.

The findings in this report are subject to at least one limitation. STATE does not account for local laws, bills under consideration, regulations, or opinions of attorneys general, and it does not systematically account for case law decisions. For example, at least 470 localities have enacted T21 laws, beginning in 2005 onward, many in states that subsequently enacted statewide T21 laws (10). The federal T21 law that went into effect on December 20, 2019, applies to the sale of all tobacco products to all persons aged 21 years. The law requires the Food and Drug Administration to publish a final rule updating the current age of sale regulations within 180 days.

Three tobacco control programs are in place for the Township - The Tobacco Age of Sale Program, the enforcement of the New Jersey Smoke Free Air Act, and Smoke-Free Kid Zones. Tobacco Age of Sale inspections are performed for the illegal sale of tobacco products to minors at local stores and businesses. Cigarette vending machines are also inspected for a supervised remote control device enforcing a local ordinance. Complaints are investigated regarding the sale of these products to minors. Smoke-Free Kids Zones are enforced at all Township parks, where smoking is prohibited by ordinance.

You must keep your current cigarette and alcohol beverage license, and you must keep invoices from beer, liquor, cigarette, and other tobacco products companies for two years. You must keep the invoices in order by company and by date. Alcohol beverage records may be kept on the licensed premises in electronic form only, paper copies are not required. You cannot keep them at home, at the accountant's or bookkeeper's office, or anywhere other than on the licensed premises. You must also keep invoices from beer wholesalers, brewpubs or brewers, indicating the value of any signs that they give or sell to you. If an Alcohol & Tobacco Enforcement agent or police officer finds beer, wine, or liquor (or cigarettes/tobacco products) for which you cannot show a purchase invoice, the agent or officer can and will confiscate those items, and you may be charged with a crime.

2A:170-51.4 Sale, distribution of tobacco, electronic smoking device to persons under age 19; prohibited; civil penalties. 1. a. No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person under 19 years of age: (1)any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco; or (2)any electronic smoking device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product. b.The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section: (1)that the purchaser of the tobacco product or electronic smoking device or the recipient of the promotional sample falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, or a photographic identification card issued by a county clerk, that the purchaser or recipient was of legal age to make the purchase or receive the sample; (2)that the appearance of the purchaser of the tobacco product or electronic smoking device or the recipient of the promotional sample was such that an ordinary prudent person would believe the purchaser or recipient to be of legal age to make the purchase or receive the sample; and (3)that the sale or distribution of the tobacco product or electronic smoking device was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to make the purchase or receive the sample. c.A person who violates the provisions of subsection a. of this section, including an employee of a retail dealer licensee under P.L.1948, c.65 (C.54:40A-1 et seq.) who actually sells or otherwise provides a tobacco product to a person under 19 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. d.In addition to the provisions of subsection c. of this section, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation of the provisions of subsection a. of this section, revoke the license issued under section 202 of P.L.1948, c. 65 (C.54:40A-4) of a retail dealer. The licensee shall be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension. e.A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 3 of P.L.1999, c. 90 (C.2C:33-13.1). L.2000, c.87, s.1; amended 2003, c.175, s.1; 2005, c.384, s.1; 2009, c.182, s.3. Disclaimer: These codes may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Representatives for grocery, law enforcement, and gas station groups warned a ban would enable and increase black market cigarette sales, especially through cigarettes smuggled in from neighboring states.