CHAPTER 126-K YOUTH ACCESS TO AND USE OF TOBACCO PRODUCTS
Section 126-K:3
126-K:3 Proof of Age of Purchaser. –
I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or e-liquid which vending machine or other sale is to be made to any person who does not appear to be at least 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is 21 years of age or over:
(a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, the District of Columbia, a United States territory, or a province of Canada, which bears the date of birth, name, address, and picture of the individual.
(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.
(c) An armed services identification card.
(d) A valid passport from a country with whom the United States maintains diplomatic relations.
II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall be correct and free of alteration, erasure, blemish, or other impairment.
III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or e-liquid to a person under 21 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:
(a) That the person falsely represented in writing and supported by some official documents that the person was 21 years of age or older;
(b) That the appearance of the person was such that an ordinary and prudent person would believe such person to be at least 21 years of age or older; and
(c) That the sale was made in good faith relying on such written representation and appearance in the reasonable belief that the person was actually 21 years of age or over.
Source. 1997, 338:8. 2010, 113:3, 4, eff. July 31, 2010. 2015, 179:2, eff. June 26, 2015. 2016, 71:2, eff. May 10, 2016. 2019, 259:2, 3, eff. July 1, 2019; 346:98, 99, eff. Jan. 1, 2020. 2020, 37:108, 109, eff. July 29, 2020.