IPCPR Legislative | Restrictions in Lousiana

Restrictions in Lousiana

lousiana

Smoking, Age and Sampling Restrictions in Lousiana

Louisiana law prohibits smoking in any: public building; elementary or secondary school building, campus of any school, buildings on the campus, and school buses; public place, including banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food product and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms; place of employment, including work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles; private residences used as a licensed child care, adult day care, or health care facility; and outdoor area proximate to a state office building where smoking is prohibited.

 

La. Rev. Stat. § 40:1300.256A: General smoking prohibitions
La. Rev. Stat. § 40:1300.253: Definitions

 

“No smoking” signs or the international “No smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a bar across it must be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public building, public place, and place of employment where smoking is prohibited.

 

La. Rev. Stat. § 40:1300.261A: Notice of prohibition of smoking

 

State law does not restrict the power of any parish, city, town, or village to adopt and enforce additional local laws, ordinances, or regulations that comply with at least the minimum applicable standards to establish smokefree public places.

 

La. Rev. Stat. § 40:1300.256D: General smoking prohibitions; exemptions

 

Exemptions

 

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

 

  • Private homes, private residences, and private automobiles, unless used for child care or day care of if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation
  • Limousines under private hire
  • Designated hotel or motel rooms
  • Any licensed retail tobacco business
    • A “retail tobacco business” means a business utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental.
    • Retail tobacco businesses must obtain either a Retail Dealer Permit ($25 fee) or a Tobacconist Permit ($100 fee) by filing the Tobacco Retail Dealer, Vending Machine Operator & Tobacconist Permit Application Packet with the Louisiana Office of Alcohol & Tobacco Control (available at http://www.atc.rev.state.la.us/docs/tobacco%20retail%20dealer%20application.pdf).
    • Businesses that do not already possess a valid alcoholic beverage permit but wish to sell alcohol must obtain a Responsible Vendor Permit online at http://atc.la.gov/print-your-rv-permit.php.
      • Any employee of a vendor who is authorized to sell or serve alcoholic beverages or tobacco products in the normal course of his or her employment or deals with customers who purchase or consume alcoholic beverages or tobacco products must attend a Responsible Vendor Class and obtain a Responsible Server Permit within 45 days of their hire date. Responsible Vendor classes are held on a regular basis throughout the state and are provided to individuals for a fee of $25 per person.
    • Any bar
      • A “bar” is a business that holds a Class A-General Retail Permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including taverns, nightclubs, cocktail lounges, and cabarets. Holders must have equipped a permanent wet bar with a non-movable sink and a back-bar and must staff a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take-out service.
      • Holders of Class A-General Retail Permits may not admit any person under 18 years of age on the licensed premises at any time.
    • The outdoor area of places of employment, except that the owner or manager of such business may post signs prohibiting smoking in any such outdoor area
    • Private and semiprivate rooms or apartments in assisted living residences, and other long-term care facilities that are occupied by one or more persons, who are all smokers and who have requested in writing to be placed in a room where smoking is permitted; provided that smoke from such rooms or apartments does not infiltrate into areas where smoking is prohibited
    • Designated smoking areas in which gaming operations are permitted to occur upon a riverboat, at the official gaming establishment, at a facility licensed for the operation of electronic video draw poker devices, at an eligible facility licensed for the operation of slot machines, by a licensed charitable organization, or at a pari-mutuel wagering facility or off-track wagering facility which is licensed for operation and regulated, or any other gaming operations authorized by law, except that smoking shall be prohibited in all restaurants, including snack bars and any other type of eating area whether or not such area is separated from the gaming area, that are located within the facilities where gaming operations are conducted regardless of any type of license issued relevant to the operation of the restaurant.
    • All workplaces of any manufacturer, importer, wholesaler or distributor of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities
    • Convention facilities during the time such facilities are being used for professional meetings and trade shows which are not open to the public that are produced or organized by tobacco businesses or convenience store associations where tobacco products are displayed and limited to the location of such meetings or shows and during the time such facilities are used by a carnival organization, traditionally known as a krewe or a courir de Mardi Gras for the purpose of the conduct of a Mardi Gras ball and limited to the location of such ball
    • Designated and well-ventilated smoking rooms in nursing homes which permit smoking, provided that the designated smoking room is not the reception area, lobby, waiting room, dining room, or any other room or area defined as a public place
    • A hotel or motel room operated by a casino or gaming operation which is rented to a guest
    • An outdoor patio, whether or not food is served

 

La. Rev. Stat. § 40:1300.256B: Exemptions
La. Rev. Stat. § 40:1300.253: Definitions

Individuals under 18 years of age cannot buy or possess any tobacco product, alternative nicotine product, or vapor product. However, it is not illegal for a person under 18 years of age to possess a tobacco product, alternative nicotine product, or vapor product under any of the following circumstances:

 

  • When a person under 18 years of age is accompanied by a parent, spouse, or legal guardian 21 years of age or older
  • In private residences
  • When the tobacco product, alternative nicotine product, or vapor product is handled during the course and scope of his or her employment and required in the performance of such person’s duties

Staff reported that minors aged 14 to 17 may work in tobacco retail stores, but Louisiana employers who want to employ a minor under 18 years of age must file an Application to Employ Minors Under Age 18 with the Louisiana Workforce Commission. This form is available at
http://www.laworks.net/Downloads/WFD/MinorApplicationToEmployForm.pdf.

 

La. Rev. Stat. § 14:91.8E-F: Unlawful sale, purchase, or possession of tobacco, alternative nicotine product, or vapor product.

 

Similarly, it is illegal for any manufacturer, distributor, retailer, or other person knowingly to sell or distribute any tobacco product, alternative nicotine product, or vapor product to a person under the age of 18 unless the minors receipt of the products is from an employer when required in the performance of such person’s duties.

 

La. Rev. Stat. § 14:91.8C: Unlawful sale, purchase, or possession of tobacco, alternative nicotine product, or vapor product

 

At every point of purchase, a sign in not less than 30-point type must be displayed that reads, “LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO PERSONS UNDER AGE 18.” Tobacco product vending machines must display an identical sign in not less than 22-point type.

 

La. Rev. Stat. § 14:91.8C-D: Signs required

 

It is the intent of the legislature that enforcement of La. Rev. Stat. § 14:91.8 will be implemented in an equitable manner throughout the state.  For the purpose of equitable and uniform implementation and application of state and local laws and regulations, the provisions of La. Rev. Stat. § 14:91.8 will supersede existing or subsequently adopted local ordinances or regulations which relate to the sale, promotion, and distribution of tobacco products, alternative nicotine product, or vapor product.

 

La. Rev. Stat. § 14:91.8B: Unlawful sale, purchase, or possession of tobacco, alternative nicotine product, or vapor product; signs required; penalties

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 Louisiana, where a dealer gives away cigars, cigarettes, or smoking tobacco for advertising or any other purpose whatsoever, these products will be taxed in the same manner as if they were sold, used, consumed, handled, or distributed in the state. However, for the taxable periods beginning on and after January 1, 2013 through December 31, 2016, the tax does not apply to cigars or pipe tobacco sampled on the premises of convention facilities during the Convention of the International Premium Cigar and Pipe Retailers Association. Furthermore, distribution of free samples of smokeless tobacco is permitted only pursuant to all applicable federal laws and regulations.

 

La. Rev. Stat. § 47:854: Declaration of intent and purpose of Chapter

 

No person may distribute or cause to be distributed to persons under 18 years of age a promotional sample of any tobacco product, alternative nicotine product, or vapor product.

 

La. Rev. Stat. § 14:91.6A: Unlawful distribution of sample tobacco products, alternative nicotine products, or vapor products to person under age 18; penalty

 

Staff reported that a Tobacco Retail Dealer Permit is required for the distribution of tobacco samples.

 

It is the intent of the legislature that enforcement of La. Rev. Stat. § 14:91.8 will be implemented in an equitable manner throughout the state.  For the purpose of equitable and uniform implementation and application of state and local laws and regulations, the provisions of La. Rev. Stat. § 14:91.8 will supersede existing or subsequently adopted local ordinances or regulations which relate to the sale, promotion, and distribution of tobacco products, alternative nicotine product, or vapor product.

 

La. Rev. Stat. § 14:91.8B: Unlawful sale, purchase, or possession of tobacco, alternative nicotine product, or vapor product; signs required; penalties

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.