IPCPR Legislative | Restrictions in Connecticut

Restrictions in Connecticut

conn.capitol

Smoking, Age and Sampling Restrictions in Connecticut

Connecticut law prohibits smoking: in any building or portion of a building owned and operated or leased and operated by the state or any political subdivision thereof; in any area of a health care institution; in any area of a retail food store; in any restaurant; in any area of an establishment with a permit issued for the sale of alcoholic liquor or the bar area of a bowling establishment; within a school building while school is in session or student activities are being conducted; in any passenger elevator, provided that there is a sign posted in the elevator indicating that smoking is prohibited by state law; in any dormitory in any public or private institution of higher education; in any area of a dog race track or a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games; in all child day care centers or group day care homes and outdoor areas except in designated smoking areas, provided these areas are separate, properly ventilated, and enclosed away from any children present at the facility; and in family day care homes, while the provider is engaged in caregiving activities requiring direct physical contact with children, including feeding, diapering, dressing, and rocking.

 

Conn. Gen. Stat. § 19a-342(b)(1): Smoking prohibited. Exceptions. Signs required. Penalties.
Conn. Agencies Regs. § 19a-79-7a(d)(9): Physical plant. Basic requirements.
Conn. Agencies Regs. § 19a-87-9(o)(2): Requirements for the physical environment. Smoking.

 

In each room, elevator, area, or building in which smoking is prohibited, the person in control of the premises must post conspicuous signs stating that smoking is prohibited by state law. These signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers, hotels, motels, or similar lodgings, and health care institutions, must have letters at least 4 inches high with the principal strokes of letters not less than 1/2 inch wide.

 

Conn. Gen. Stat. § 19a-342(d): Smoking prohibited. Exceptions. Signs required. Penalties.

 

The smoking prohibition in state law supersedes and preempts the provisions of any municipal law or ordinance relative to smoking.

 

Conn. Gen. Stat. § 19a-342(g): Smoking prohibited. Exceptions. Signs required. Penalties.

 

Exemptions

 

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

  • Correctional facilities
  • Designated smoking areas in psychiatric facilities
  • Public housing projects
  • Classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson
  • Smoking rooms provided by employers for employees
  • The outdoor portion of the premises of any establishment with a permit issued for the sale of alcoholic liquor.
    • In the case of any seating area maintained for the service of food, at least 75% of the outdoor seating capacity must be an area in which smoking is prohibited and which is clearly designated with written signage as a non-smoking area.
    • Any temporary seating area established for special events and not used on a regular basis is not subject to the smoking prohibition or signage requirements.
  • Tobacco bars
    • A “tobacco bar” is an establishment that (1) had a liquor permit and generated 10% or more of its total annual gross income in 2002 from the on-site sale of tobacco products and the rental of on-site humidors and (2) have not changed their size or location since December 31, 2002.

 

Conn. Gen. Stat. § 19a-342(b)(2): Exceptions.

Individuals under 18 years of age cannot purchase or misrepresent their age to purchase tobacco in any form or possess tobacco in any form in any public place. Similarly, it is illegal to sell, give, or deliver tobacco to any minor under 18 years of age, unless the minor is delivering or accepting delivery in his or her capacity as an employee. Each retailer of cigarettes or tobacco products or employee of such retailer must require a person who is purchasing or attempting to purchase cigarettes or tobacco products, whose age is in question, to exhibit proper proof of age.

 

Conn. Gen. Stat. §53-344(c): Purchase or misrepresentation of age to purchase tobacco or possession of tobacco in public place by persons under eighteen.
Conn. Gen. Stat. § 53-344(b): Sale or delivery of tobacco to minors.
Conn. Gen. Stat. § 53-344a: Sale of tobacco. Proof of age.
Conn. Gen. Stat. § 12-295a: Purchase by, or sale to, minors.

 

A minor who has reached the age of 15 may be employed or permitted to work in any mercantile establishment, as a bagger, cashier, or stock clerk, subject to certain conditions.

 

Conn. Gen. Stat. § 31-23(b): Employment of minors prohibited in certain occupations. Exceptions.

 

Each distributor and dealer of tobacco products must place and maintain in legible condition at each point of sale to consumers a notice that states: (1) that the sale, giving, or delivering of tobacco products, including cigarettes, to any person under 18 years of age is prohibited; (2) that the purchase or misrepresentation of age by a person under 18 years of age to purchase cigarettes or tobacco products is prohibited; and (3) the penalties and fines for violating these prohibitions.

 

Conn. Gen. Stat. § 12-286a

 

Connecticut 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 Connecticut, the Commissioner of Revenue Services may authorize a dealer or distributor to give or deliver any cigarette or tobacco product in connection with the promotion or advertisement of such cigarette or tobacco product without receiving monetary consideration from the person receiving the cigarette or tobacco product, provided:

 

  • The distribution is on the premises of a licensed dealer or at any event or establishment with an area the access to which is limited to adult patrons, provided such distribution is restricted to such area
  • The sample of cigarettes, if applicable, contains no less than 2 cigarettes, and
  • The taxes on the cigarettes or tobacco products has been previously paid.

 

The licensed dealer or distributor will be liable for any gift or delivery of cigarettes or tobacco products to minors on his premises by any person conducting a promotion or advertisement of such cigarette or tobacco product.

 

Conn. Gen. Stat. § 12-314a: Certain promotional samples authorized

 

A dealer or distributor may give or deliver sample packages of cigarettes in connection with the promotion or advertisement of such cigarettes if the dealer or distributor has received prior written authorization from the Department of Revenue Services to give or deliver such sample packages. A dealer or distributor will not receive such prior written authorization unless the dealer or distributor applies in writing, at least 10 days before the proposed distribution, to the Excise and Public Services Taxes subdivision of the Audit Division of the Department of Revenue Services for written authorization to give or deliver such sample packages and is able to establish, to the satisfaction of the Department, that all of the following conditions are met:

 

  • Each sample package of cigarettes shall contain at least two cigarettes; and
  • The dealer or distributor must:
    • receive no monetary consideration for the sample packages of cigarettes that are being given or delivered
    • have previously paid to the department all taxes imposed on the sample packages of cigarettes
    • keep records pertaining to the receipt and distribution of the sample packages of cigarettes, including the date, location and quantity of sample packages received and distributed, and to the date and amount of taxes paid on sample packages received and distributed, and
    • distribute sample packages of cigarettes only on the premises of a dealer, or within an area to which access is limited to persons 18 years of age or older.

 

Conn. Agencies Regs. § 12-314a-1: Authorized distribution of sample packages of cigarettes

 

Staff reported that Conn. Agencies Regs. § 12-314a-1 also applies to tobacco products other than cigarettes.

 

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

CONTACT IPCPR LEGISLATIVE
Questions? Comments? Interested in Getting Involved? Contact the IPCPR Legislative Team!
CONTACT US
Thank You. We will contact you as soon as possible.