YOUTH ACCESS TO AND USE OF TOBACCO PRODUCTS
126-K:5 Distribution of Free Samples.
I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, or e-liquid in a public place or to a person who has not attained 21 years of age. This prohibition shall not apply to sampling:
(a) In an area to which minors are denied access.
(b) In a store to which a retailer's license has been issued.
(c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access.
II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, or e-liquid to prevent their distribution to persons who have not attained 21 years of age.
III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for the violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler's license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered.
Source. 1997, 338:8. 2000, 303:2. 2001, 280:2. 2010, 113:6, eff. July 31, 2010. 2019, 346:102, eff. Jan. 1, 2020. 2020, 37:112, eff. July 29, 2020.