IPCPR Legislative | Restrictions in Kentucky

Restrictions in Kentucky

kentucky

Smoking, Age and Sampling Restrictions in Kentucky

Kentucky law prohibits smoking: in office buildings and common areas occupied by Executive Branch employees, including state-operated hospitals and residential facilities for the intellectually disabled, state-operated veterans’ nursing homes and health facilities, and any correctional facility owned by, operated by, or under the jurisdiction of the state; and in any school building or any part of any building used for school purposes, or upon school grounds, while children are assembled there for lawful purposes, except adult employees of the school system who smoke in a designated room and except in designated areas in secondary schools.

 

Executive Order 2006-0807 (2006)
http://apps.sos.ky.gov/Executive/Journal/execjournalimages/2006-CRREST-176427.pdf

 

Ky. Rev. Stat. § 438.050: Smoking on school premises; Exception
Ky. Rev. Stat. § 61.165: Smoking policy for governmental office buildings or workplaces and postsecondary education institutions

 

Each board of regents or trustees for each of the state postsecondary education institutions must adopt a written policy relating to smoking in all buildings owned by, operated by, or under the jurisdiction of the state postsecondary education institutions that will:

  • Provide accessible indoor smoking areas in any buildings where smoking is otherwise restricted, and
  • Favor allowing smoking in open public areas where ventilation and air exchange are adequate and there are no restrictions otherwise placed on the area by the state fire marshal or other similar authority, or
  • Prohibit indoor smoking.

 

Ky. Rev. Stat. § 61.165(4): Smoking policy for governmental office buildings or workplaces and postsecondary education institutions

 

Kentucky law does not contain restrictions on smoking in restaurants or bars. Generally, smoking and drinking may therefore be allowed in these establishments. However, localities may impose more stringent laws or ordinances.

 

The Kentucky Supreme Court ruled in 2004 that the smokefree air ordinance enacted by Lexington, Kentucky was not preempted by state law. This ruling provides legal justification for other Kentucky communities to enact local smokefree air ordinances.

 

Lexington-Fayette County Food and Beverage Association v. Lexington-Fayette Urban County Government, 131 S.W.3d 745, 749 (Ky. 2004)

Individuals under 18 years of age cannot possess, use, purchase, accept receipt of, attempt to purchase, attempt to accept receipt of, or present or offer to any person any purported proof of age that is false, fraudulent, or not actually his or her own for the purpose of purchasing or receiving tobacco products, alternative nicotine products, or vapor products. This prohibition does not apply to minors who accept receipt from an employer when required in the performance of the person’s duties.

 

Ky. Rev. Stat. § 438.350(1): Prohibition against possession or use of tobacco products, alternative nicotine products, or vapor products by minors; Exceptions
Ky. Rev. Stat. § 438.311(1): Unlawful acts by minors relating to purchase or receipt of tobacco product, alternative nicotine product, or vapor product: Issuance of uniform citation

 

Department of Labor and Department of Alcoholic Beverage Control staff reported that the minimum age for minors to be gainfully employed under Kentucky wage and hour laws is 14, and there is no specific minimum age for minors to be employed in tobacco retail stores.

 

It is illegal for any person to sell or cause to be sold any tobacco product, alternative nicotine product, or vapor product at retail to any person under 18 years of age, or to solicit any person under 18 years of age to purchase any tobacco product, alternative nicotine product, or vapor product at retail.

 

Any person who sells tobacco products, alternative nicotine products, or vapor products at retail must post in a conspicuous place in his or her establishment a notice stating that it is illegal to sell tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age.

 

Any person who sells tobacco products, alternative nicotine products, or vapor products must require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under 18 years of age.

 

Ky. Rev. Stat. § 438.310: Sale of tobacco products, alternative nicotine products, or vapor products to persons under age 18 prohibited; Penalty

 

It is the intent of the Legislature that Ky. Rev. Stat. § 438.305 to § 438.340 will be enforced in an equitable and uniform manner throughout the Commonwealth. For the purpose of equitable and uniform enforcement, these provisions supersede any subsequently enacted local law, ordinance, or regulation that relates to the use, display, sale, or distribution of tobacco products.

 

Ky. Rev. Stat. § 438.300: Legislative intent

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/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/ucm205020.htm

 

In Kentucky, no wholesaler, retailer, or manufacturer of cigarettes, tobacco products, alternative nicotine products, or vapor products may distribute cigarettes, tobacco products, alternative nicotine products, or vapor products, including samples thereof, free of charge or otherwise, to any person under 18 years of age.

 

Any person who distributes cigarettes, tobacco products, alternative nicotine products, or vapor products, including samples thereof, free of charge or otherwise must require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under 18 years of age.

 

Distribution of tobacco product samples is subject to the tax and licensing requirements, as the term “sale” is defined as any transfer for a consideration, exchange, barter, gift, offer for sale, advertising for sale, soliciting an order for cigarettes or tobacco products, and distribution in any manner or by any means whatsoever.

 

Ky. Rev. Stat. § 138.130(7)

 

It is the intent of the Legislature that Ky. Rev. Stat. § 438.305 to § 438.340 will be enforced in an equitable and uniform manner throughout the Commonwealth. For the purpose of equitable and uniform enforcement, these provisions supersede any subsequently enacted local law, ordinance, or regulation that relates to the use, display, sale, or distribution of tobacco products.

 

Ky. Rev. Stat. § 438.300: Legislative intent

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