IPCPR Legislative | Restrictions in Alaska

Restrictions in Alaska

alaska

Smoking, Age and Sampling Restrictions in Alaska

Alaska law prohibits smoking: in vehicles of public transportation and waiting, baggage, or boarding areas for vehicles of public transportation, including buses, ferry vessels, trains, limousines for hire, taxicabs, or scheduled interstate or intrastate aircraft flights when consistent with federal law; in places of employment, buildings or other structures, or portions of them, owned, leased, or operated by the state or a political subdivision of the state, including offices, libraries, museums, theaters, concert halls, convention halls, gymnasiums, swimming pools, or other places of entertainment or recreation; in public or private postsecondary educational institutions or adult day care facilities; in courtrooms or jury deliberation rooms; in rooms, chambers, or other places under the control of the state senate, state house of representatives, or a political subdivision of the state while a public meeting or public assembly is not in progress; in nursing homes, rest homes, or other residential health care institutions or facilities, or public or private offices or facilities that are engaged primarily in providing mental health services; in food service establishments that have seating capacities of at least 50 persons; in grocery stores or other stores maintained primarily for the retail sale of food products; in places of employment in which the owner, manager, proprietor, or other person who has control of the premises posts a sign stating that smoking is prohibited by law; in correctional facilities; in the Alaska Pioneers’ Home or the Alaska Veterans’ Home; in public or private elementary or secondary schools, preschools, or children’s day care facilities; in offices where dental care, health care, or the healing arts are practiced and public or private laboratories associated with dental care, health care, or the healing arts if located within the same premises; and in elevators.

 

Alaska Stat. § 18.35.300: Places where smoking is regulated
Alaska Stat. § 18.35.305: Places where smoking is prohibited

 

A person in charge of a place or vehicle in which smoking is prohibited must conspicuously display in the place or vehicle a sign that reads “Smoking Prohibited by Law – Maximum Fine $50” and that includes the international symbol for no smoking. In a place or vehicle in which a smoking section has been designated, the person in charge must conspicuously display signs that specify the portions of the place or vehicle in which smoking is allowed by law and in which smoking is prohibited by law. Required signs must be at least 18 inches wide and 6 inches high, with lettering at least 1.25 inches high.

 

Alaska Stat. § 18.35.330: Display of smoking and no smoking signs

 

Alaska law contains no specific provisions concerning state preemption of local smoking laws, so local communities may pass more stringent laws or ordinances in this area.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Portions of places or vehicles that are designated as smoking sections
  • Limousines for hire or taxicabs, if the driver consents and the driver ascertains that all passengers consent to smoking in the vehicle
  • Performers who smoke on the stage as part of a theatrical entertainment production.

 

Alaska Stat. § 18.35.310: Exemptions

 

Alaska law does not regulate or prohibit smoking in bars or retail tobacco stores.

Individuals under 19 years of age cannot knowingly possess a cigarette, a cigar, tobacco, or a product containing tobacco. Similarly, it is illegal to negligently sell, exchange, or give a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age.

 

Alaska Stat. § 11.76.105: Possession of tobacco by a minor
Alaska Stat. § 11.76.100: Selling or giving tobacco to a minor

 

Department of Labor and Workforce Development staff reported that minors under 19 years of age may not sell tobacco or tobacco products in the course of their employment.

 

Licensed tobacco retailers must post on the premises a warning sign at least 6 inches by 18 inches and must read, in lettering at least 1.25 inches high, “The sale of tobacco products to persons under age 19 is illegal.” The sign must be displayed in a manner conspicuous to a person purchasing or consuming tobacco products on the premises.

 

Alaska Stat. § 43.75.075(f): License endorsement

 

Alaska law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Alaska, it is illegal to negligently exchange or give a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age.

 

Alaska Stat. § 11.76.100(2): Selling or giving tobacco to a minor

 

Distribution of tobacco product samples is subject to tax and licensing requirements, as the term “sale” includes a sale, barter, exchange, and every other manner of transferring the ownership of personal property.

 

Alaska Stat. § 43.50.170(10)

 

Alaska law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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