IPCPR Legislative | Restrictions in Mississippi

Restrictions in Mississippi

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Smoking, Age and Sampling Restrictions in Mississippi

Mississippi law prohibits smoking: in government buildings; in any university or college classroom building; by participants in or spectators of athletic events or within 100 feet of the athletic facility if the facility is not enclosed, during any time that persons under 18 years of age are engaged in an organized athletic event at a public facility; on educational property, including any public school building or bus, public school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, or directors for the administration of any public educational institution or during a school-related activity; of cigars or pipes in or upon any passenger bus or coach while the passenger bus or coach is in the service of passenger transportation on any of the state highways; and within the physical confines or the campus of a child care facility.

 

Miss. Code § 29-5-161: Smoking prohibited in government and university or college classroom buildings; exceptions
Miss. Code § 41-114-1: Use of tobacco by participant or spectator when persons under eighteen years of age are engaged in organized athletic event at public facility prohibited; exceptions, enforcement penalties
Miss. Code § 97-32-29: Use of tobacco by adults on certain educational property prohibited; penalties for violation
Miss. Code § 97-32-27: Definitions
Miss. Code § 97-35-1: Buses; disorderly conduct; use of profane, etc., language; intoxication or smoking on passenger bus
Miss. Admin. Code tit. 15, pt. 11, subpt. 55, r. 1.4.2: Smoking, tobacco products, and prohibited substances

 

The person, agency, or entity having jurisdiction or control over the above facilities must post appropriate signs informing persons that smoking is prohibited.

 

Miss. Code § 29-5-161: Smoking prohibited in government and university or college classroom buildings; exceptions
Miss. Code § 41-114-1: Use of tobacco by participant or spectator when persons under eighteen years of age are engaged in organized athletic event at public facility prohibited; exceptions, enforcement penalties
The law prohibiting smoking in government buildings and university or college classroom buildings may not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws or to prohibit any municipality or county from adopting additional ordinances with regard to smoking in public places.

 

Miss. Code § 29-5-163: Section 29-5-161 not to be construed to permit smoking where otherwise restricted or to prohibit adoption of certain ordinances

 

Exemptions

 

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

  • Designated smoking areas in the state veterans homes operated by the State Veterans Affairs Board

 

Miss. Code § 29-5-161: Smoking prohibited in government and university or college classroom buildings; exceptions

 

Mississippi state law does not contain restrictions on smoking in bars, restaurants, or retail tobacco stores.

Individuals under 18 years of age cannot purchase any tobacco product, possess tobacco on any educational property, or falsely state he or she is 18 years of age or older or present any document that indicates he or she is 18 years of age or older for the purpose of purchasing or possessing any tobacco or tobacco product. Department of Revenue staff reported that there are no laws or regulations in Mississippi that prohibit minors from working in tobacco stores or that specify a minimum age to sell tobacco products.

 

Miss. Code § 97-32-9: Juvenile purchase, possession, and consumption of tobacco
Miss. Code § 97-32-13: Juvenile misrepresentation of age

 

Similarly, it is illegal for any person, or retailer, to sell, barter, deliver, or give tobacco products to any individual under 18 years of age unless the individual under 18 years of age holds a retailer’s license to sell tobacco. It is an absolute affirmative defense that the person selling, bartering, delivering, or giving tobacco products over the counter in a retail establishment to an individual under 18 years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least 18 years prior to selling such person a tobacco product.

 

Miss. Code § 97-32-5: Prohibition of the sale or transfer of tobacco products to persons under 18 years of age

 

Point of sale warning signs are required, and each seller must place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than 8.5 by 11 inches or 93 square inches stating: “STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS. PROOF OF AGE REQUIRED.”

 

Miss. Code § 97-32-11: Point of sale warning signs

 

It is the intent of the Legislature that enforcement of tobacco youth access laws be implemented in an equitable manner throughout the state. State law therefore supersedes any existing or subsequently enacted local law, ordinance, or regulation relating to the sale, promotion, and distribution of tobacco and tobacco products.

 

Miss. Code § 97-32-2: Legislative intent; supersedes local laws, ordinances, and regulations

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 Mississippi, it is illegal for any person, or retailer, to sell, barter, deliver, or give tobacco products to any individual under 18 years of age unless the individual under 18 years of age holds a retailer’s license to sell tobacco. It is an absolute affirmative defense that the person selling, bartering, delivering, or giving tobacco products over the counter in a retail establishment to an individual under 18 years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least 18 years prior to selling such person a tobacco product. There are no location-based restrictions.

 

Miss. Code § 97-32-5: Prohibition of the sale or transfer of tobacco products to persons under 18 years of age

 

The Mississippi tobacco tax is imposed on the sale, use, gift, possession, consumption, handling, or distribution in the state. “Sale” includes an exchange for money or goods, giving away, or distributing any tobacco. Distribution of tobacco samples is therefore subject to tax and licensing requirements.

 

Miss. Code § 27-69-13: Applicability of tax
Miss. Code § 27-69-3(p)

 

It is the intent of the Legislature that enforcement of tobacco youth access laws be implemented in an equitable manner throughout the state. State law therefore supersedes any existing or subsequently enacted local law, ordinance, or regulation relating to the sale, promotion, and distribution of tobacco and tobacco products.

 

Miss. Code § 97-32-2: Legislative intent; supersedes local laws, ordinances, and regulations

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