IPCPR Legislative | Restrictions in Missouri

Restrictions in Missouri

missouri

Smoking, Age and Sampling Restrictions in Missouri

Missouri law prohibits smoking in: public places, including any retail or commercial establishments, health care facilities, any vehicle used for public transportation, rest rooms, elevators, libraries, educational facilities, day care facilities, museums, auditoriums, art galleries, all public areas and waiting rooms of public transportation facilities, any enclosed indoor place used for entertainment or recreation, and any other enclosed indoor areas used by the general public; public meetings, defined as a gathering in person of members of a governmental body, whether an open or closed session; indoor areas of public school buildings or educational facilities and public school buses; and licensed child care facilities during the period of time when the children cared for are present.

 

Mo. Rev. Stat. § 191.765: Definitions
Mo. Rev. Stat. § 191.767: Persons not to smoke in public places or meetings
Mo. Rev. Stat. § 191.775: Public schools and school buses
Mo. Rev. Stat. § 191.776: Child day care facilities

 

Missouri law allows local political subdivisions or local boards of education to enact more stringent ordinances or rules concerning smoking restrictions.

 

Mo. Rev. Stat. § 191.777

 

Exemptions

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

  • An entire room or hall which is used for private social functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or other person in charge
  • Limousines for hire and taxicabs, where the driver and all passengers agree to smoking in such vehicle
  • Performers on the stage, provided that the smoking is part of the production
  • A place where more than 50% of the volume of trade or business carried on is that of the blending of tobaccos or sale of tobaccos, cigarettes, pipes, cigars or smoking sundries. Localities may require qualifying businesses to obtain a permit.
  • Bars, taverns, restaurants that seat less than fifty people, bowling alleys, and billiard parlors, which conspicuously post signs stating that “Nonsmoking Areas are Unavailable.” “Bar” or “tavern” means any establishment with a valid liquor license that serves liquor on the premises and for which not more than 10% of the gross sales receipts of the business are supplied by food purchases, either for consumption on the premises or elsewhere.
  • Private residences
  • Any enclosed indoor arena, stadium or other facility which may be used for sporting events and which has a seating capacity of more than fifteen thousand persons

 

Mo. Rev. Stat. § 191.769

 

Missouri law does not provide a specific application procedure to qualify for exemption from the smoking ban. Localities may have specific requirements.

Individuals under 18 years of age cannot purchase, attempt to purchase, misrepresent his or her age to purchase, or possess cigarettes, other tobacco products, alternative nicotine products, or vapor products unless such person is an employee of a tobacco seller and is in possession to effect a sale in the course of employment.

 

Mo. Rev. Stat. § 407.933

 

Similarly, it is illegal to sell, provide, or distribute tobacco products, alternative nicotine products, or vapor products to person under 18 years of age.

 

Mo. Rev. Stat. § 407.931

 

The owner of an establishment at which tobacco products are sold at retail must prominently display a sign that states, in red lettering at least ½ an inch high on a white background, that “It is a violation of state law for cigarettes, other tobacco products, alternative nicotine products, or vapor products to be sold or otherwise provided to any person under the age of 18 or for such person to purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products or vapor products.”

 

Mo. Rev. Stat. § 407.927

 

A person or entity selling tobacco products, alternative nicotine products, or vapor products or rolling papers must require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of 18.

 

Mo. Rev. Stat. § 407.929

 

Missouri law allows local political subdivisions to enact more stringent ordinances or rules concerning youth access to tobacco.

 

Mo. Rev. Stat. § 407.932

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 Missouri, no person may sell individual packs of smokeless tobacco products unless such packs satisfy one of the following conditions prior to the time of sale:

  • It is sold through a vending machine; or
  • It is displayed behind the check-out counter or it is within the unobstructed line of sight of the sales clerk or store attendant from the checkout counter.

 

Mo. Rev. Stat. § 407.928

 

A person or entity distributing tobacco product, alternative nicotine product, or vapor product samples must require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of 18.

 

Mo. Rev. Stat. § 407.929

 

The tobacco tax must be paid on all free goods, promotional items, samples, and discounted items.

 

Missouri law contains no specific provisions concerning state preemption of local sampling laws, so local communities are allowed to pass stronger laws or ordinances further restricting this area.

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