IPCPR Legislative | Restrictions in Delaware

Restrictions in Delaware

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Smoking, Age and Sampling Restrictions in Delaware

Delaware law prohibits smoking: in any indoor enclosed are to which the general public is invited or in which the general public is permitted, including public meetings, elevators, government owned and/or operated means of mass transportation, grocery stores, gymnasiums, jury waiting and deliberation rooms, courtrooms, child day care facilities, health care facilities, any workplace not exempted, restrooms, lobbies, reception areas, hallways, other common-use areas, restaurants, gaming facilities that are open to the public, indoor sports arenas, common areas of multiple-unit residential facilities, common areas of hotels and hotels, bowling alleys, billiard or pool halls, retirement facilities and nursing homes, public buildings, auditoria, theaters, museums, libraries, schools, other educational and vocational institutions, and motorsports speedways, taverns, or taprooms.

 

Del. Code tit. 16, § 2903: Smoking restrictions

 

Delaware 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:

  • Private homes, private residences, and private automobiles, except when such homes, residences, or vehicles are being used for child care or day care or when the private vehicle is being used for the public transportation of children or as part of health care or day care transportation
  • Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of such indoor area
  • Limousines under private hire
  • Designated hotel and motel guest rooms
  • Any fund raising activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company if the fund raising activity or function takes place upon property owned or leased by the volunteer fire, rescue, or ambulance company
  • Any fund raising activity or function sponsored by a fraternal benefit society if the fund raising activity or function takes place upon property owned or leased by said organization

 

Del. Code tit. 16, § 2904: Smoking restrictions inapplicable

 

“Warning: Smoking Permitted” signs must be prominently posted and properly maintained where smoking is permitted. Such signs must be posted and maintained by the owner, operator, manager or other person having control of such area. The letters on such signs must be at least 1 inch in height.

 

Del. Code tit. 16, § 2905: Posting of signs

 

Delaware law does not contain exemptions from the smoking ban for bars, restaurants, or retail tobacco stores.

Individuals under 18 years of age cannot purchase, accept receipt of, exchange a coupon for, or present or offer a purported proof of age that is false, fraudulent, or not actually that person’s own proof of age for the purpose of purchasing or receiving any tobacco product or tobacco substitute or redeeming a coupon for a tobacco product or tobacco substitute.

 

Del. Code tit. 11, § 1124: Purchase or receipt of tobacco products or tobacco substitutes by minors

 

Alcohol and Tobacco Enforcement staff reported that minors 16 years of age and older may handle tobacco products in the course of employment.

 

It is illegal for any person to sell or distribute any tobacco product or tobacco substitute to another person under 18 years of age or to purchase any tobacco product or tobacco substitute on behalf of another such person, except that this prohibition does not apply to the parent or guardian of another such person.

 

Del. Code tit. 11, § 1116: Sale or distribution of tobacco products or tobacco substitutes to minors

 

A minor under 16 years of age may not employed or permitted to work in, about, or in connection with stripping and sorting tobacco.

 

Del. Code tit. 19, § 506(a)(8): Minors under 16 years of age.

 

A person engaged in the sale or distribution of tobacco products or tobacco substitutes must post conspicuously at each point of purchase and each tobacco vending machine a notice stating that selling tobacco products or tobacco substitutes to anyone under 18 years of age is illegal, that the purchase of tobacco products or tobacco substitutes by anyone under 18 years of age is illegal, and that a violator is subject to fines. The notice must also state that all persons selling tobacco products or tobacco substitutes are required, under law, to check the proof of age of any purchaser of tobacco products or tobacco substitutes under the age of 27 years. The notice must include a toll-free telephone number to the Department of Safety and Homeland Security for persons to report unlawful sales of tobacco products or tobacco substitutes.

 

Del. Code tit. 11, § 1117: Notice

 

The provisions of state law will preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996.

 

Del. Code tit. 11, § 1127: Pre-emption

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/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Delaware, it is illegal for any person to distribute tobacco products or tobacco substitute samples or coupons for subsequent receipt of free or discounted tobacco products or tobacco substitutes to another person who is under 18 years of age. A person engaged in sampling has the right to demand proof of age from a prospective recipient of samples or of coupons for the redemption of tobacco products or tobacco substitutes.

 

Del. Code tit. 11, § 1118: Distribution of samples to minors

 

Distribution of tobacco samples is subject to tax and licensing requirements, as the term “sale” means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution, in any manner or by any means whatsoever.

 

Del. Code tit. 30, § 5301(10)

 

The provisions of state law will preempt and supersede any provisions of any municipal or county ordinance or regulation on the subject of this subpart enacted after June 30, 1996.

 

Del. Code tit. 11, § 1127: Pre-emption

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