IPCPR Legislative | Restrictions in Montana

Restrictions in Montana

montana

Smoking, Age and Sampling Restrictions in Montana

Montana law prohibits smoking: in enclosed public places, including restaurants, stores, public and private office buildings and offices, including all office buildings and offices of political subdivisions and state government, trains, buses, and other forms of public transportation, health care facilities, auditoriums, arenas, assembly facilities, meeting rooms open to the public, bars, community college facilities, facilities of the Montana university system, and public school; and in all parts of buildings maintained by a political subdivision.

 

Mont. Code Ann. § 50-40-104: Smoking in enclosed public places prohibited; notice to public; places where prohibition is inapplicable
Mont. Code Ann. § 50-40-201: Local government buildings; smoking prohibited
Mont. Code Ann. § 50-40-103: Definitions

 

The proprietor or manager of an establishment containing enclosed public places must post a sign in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily read and understood, that smoking in the enclosed public place is prohibited.

 

Mont. Code Ann. § 50-40-104: Smoking in enclosed public places prohibited; notice to public; places where prohibition is inapplicable

 

Montana 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 residences, unless used as a family day-care home or group day-care home, an adult foster care home, or a health care facility
  • Private motor vehicles
  • School property as part of a lecture, demonstration, or educational forum sanctioned by a school administrator or faculty member concerning the risks associated with use of a tobacco product
  • Designated hotel or motel rooms
  • Sites being used in connection with the practice of cultural activities by American Indians in accordance with the American Indian Religious Freedom Act

 

Mont. Code Ann. § 50-40-104(4): Smoking in enclosed public places prohibited; notice to public; places where prohibition is inapplicable

 

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

Individuals under 18 years of age cannot knowingly possess or consume a tobacco product or knowingly attempt to purchase a tobacco product. Similarly, it is illegal for a person to sell or distribute a tobacco product to an individual under 18 years of age, whether over the counter, by vending machine, or otherwise. If there is a reasonable doubt as to the individual’s age, the seller must require presentation of a driver’s license or other generally accepted identification that includes a picture of the individual.

 

Mont. Code Ann. § 45-5-637: Tobacco possession or consumption by persons under 18 years of age prohibited; unlawful attempt to purchase; penalties
Mont. Code Ann. § 16 -11-305: Sale or distribution of tobacco products to persons under 18 years of age prohibited

 

Effective January 1, 2016

 

Mont. Code Ann. § 16 -11-305: Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited

 

Department of Labor and Industry staff reported that Montana law does not contain restrictions concerning minor employees of tobacco retail stores and that the minimum age to work in Montana is 14.

 

A retail seller of tobacco products shall conspicuously display, at each place on the premises at which tobacco products are displayed and sold, a sign that is to be provided without charge by the department of revenue that states: “Montana law prohibits the sale of tobacco products to persons under 18 years of age.”

 

Mont. Code Ann. § 16-11-304: Signs

 

Effective January 1, 2016

 

A retail seller of tobacco products, alternative nicotine products, or vapor products shall conspicuously display, at each place on the premises at which tobacco products, alternative nicotine products, or vapor products are displayed and sold, a sign that is to be provided without charge by the department of revenue that states: “Montana law prohibits the sale of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age.”

 

Mont. Code Ann. § 16-11-304: Signs

 

A local government may be ordinance adopt youth access regulations that are no more stringent than state law.

 

Mont. Code Ann. § 16-11-311: Local 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 Montana, it is illegal for a person to sell or distribute a tobacco product to an individual under 18 years of age, whether over the counter, by vending machine, or otherwise.

 

Mont. Code Ann. § 16-11-305: Sale or distribution of tobacco products to persons under 18 years of age prohibited

 

Effective January 1, 2016

 

Mont. Code Ann. § 16 -11-305: Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited

 

A person may not distribute a tobacco product for commercial purposes in other than a sealed package that is provided by the manufacturer and that contains the health warning required by federal law.

 

Mont. Code Ann. § 16-11-307: Distribution of tobacco products in other than sealed packages prohibited; minimum package size

 

Distribution of tobacco samples is subject to tax and licensing requirements, as the term “sale” means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. The term “distribute” means to give, deliver, sample, or sell; to offer to give, deliver, sample, or sell; or to cause or hire another person to give, deliver, sample, or sell or offer to give, deliver, sample, or sell.

 

Mont. Code Ann. § 16-11-102(o)
Mont. Code Ann. § 16-11-302(1)

 

A local government may be ordinance adopt sampling regulations that are no more stringent than state law.

 

Mont. Code Ann. § 16-11-311: Local regulations

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