IPCPR Legislative | Restrictions in Nevada

Restrictions in Nevada

nevada

Smoking, Age and Sampling Restrictions in Nevada

Nevada law prohibits smoking in: indoor places of employment, including work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies, and reception areas; child care facilities; movie theaters; video arcades; government buildings and public places; malls and retail establishments; all areas of grocery stores; all indoor areas within restaurants; and within school buildings and on school property.

 

Nev. Rev. Stat. § 202.2483: Smoking tobacco; prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

 

“No Smoking” signs or the international “No Smoking” symbol must be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by state law. Each public place and place of employment where smoking is prohibited must post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia must be removed from any area where smoking is prohibited.

 

Nev. Rev. Stat. § 202.2483(9): Smoking tobacco; prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

 

Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards set forth in the Nevada Clean Indoor Air Act.

 

Nev. Rev. Stat. § 202.2483(8): Smoking tobacco; prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

 

Exemptions

 

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

  • Areas within casinos where loitering by minors is already prohibited by state law
  • Age-restricted stand-alone bars, taverns, and saloons, and completely enclosed areas within these establishments
    • “Age restricted stand-alone bar, tavern, or saloon” means an establishment:
      • Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
      • In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
      • In which patrons under 21 years of age are prohibited at all times from entering the premises; and
      • That must be located within:
        • A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or
        • A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.
      • Strip clubs or brothels
      • Retail tobacco stores
        • A “retail tobacco store” is a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
      • The area or a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
        • Is not open to the public,
        • Is being produced or organized by a business relating to tobacco or a professional association for convenience stores, and
        • Involves the display of tobacco products
      • Private residences, including private residences that may serve as an office workplace, except if used as a child care, an adult day care, or a health care facility

 

Nev. Rev. Stat. § 202.2483: Smoking tobacco; prohibited in certain areas; voluntary creation of nonsmoking areas; local regulation; posting signs; removal of paraphernalia; enforcement; retaliation prohibited

 

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

There is no state law concerning the purchase, possession, or use of tobacco products by minors, but a board of county commissioners may adopt an ordinance to establish an offense related to tobacco that may include provisions that prohibit a child who is under 18 years of age from:

 

  • Purchasing or attempting to purchase tobacco products;
  • Possessing or attempting to possess tobacco products;
  • Using tobacco products; or
  • Falsely representing that he or she is 18 years of age or older to purchase, possess, or obtain tobacco products.

 

However, such an ordinance must provide that such prohibitions do not apply to a child who is under 18 years of age and who is:

 

  • Assisting in an inspection;
  • Handling or transporting tobacco products in the course of his or her lawful employment;
  • Handling or transporting tobacco products in the presence of his or her parent, spouse, or legal guardian who is 18 years of age or older; or
  • Possessing or using tobacco products for an established religious purpose.

 

Nev. Rev. Stat. § 244.3572: Ordinance to establish offense related to purchase, possession, or use of tobacco products by children

 

Office of the Labor Commissioner staff reported that the Nevada Statutes do not contain any provisions specifying the minimum age to work in tobacco retail stores and that the minimum age to work is 14.

 

It is illegal to sell, distribute, or offer to sell cigarettes, cigarette paper, tobacco of any description, or products made or derived from tobacco to any child under 18 years of age. However, the employer of a child who is under 18 years of age may, for the purpose of allowing the child to handle or transport tobacco or products made or derived from tobacco in the course of the child’s lawful employment, provide tobacco or products made or derived from tobacco to the child.

 

Nev. Rev. Stat. § 202.2493: Cigarettes and smokeless products made or derived from tobacco to be sold in unopened package only; sale and distribution of cigarettes and other tobacco products to minor prohibited; owner of retail establishment required to display notice concerning prohibition against sale of tobacco products to minors; sale of cigarettes by retailer through use of certain displays prohibited; penalties

 

No child under 16 years of age may be employed, permitted, or suffered to work in any capacity in, about, or in connection with any tobacco warehouse, cigar factory, or other factory where tobacco is manufactured or prepared.

 

Nev. Rev. Stat. § 609.190(e): Employing or permitting child under 16 years of age to work in certain occupations prohibited

 

The owner of a retail establishment shall, whenever any product made or derived from tobacco is being sold or offered for sale at the establishment, display prominently at the point of sale:

  • A notice indicating that:
    • The sale of cigarettes and other tobacco products to minors is prohibited by law, and
    • The retailer may ask for proof of age to comply with this prohibition, and
  • At least one sign carrying a health warning about the effects of smoking during pregnancy, in compliance with the requirements of Rev. Stat. § 442.340.

 

Nev. Rev. Stat. § 202.2493(6): Cigarettes and smokeless products made or derived from tobacco to be sold in unopened package only; sale and distribution of cigarettes and other tobacco products to minor prohibited; owner of retail establishment required to display notice concerning prohibition against sale of tobacco products to minors; sale of cigarettes by retailer through use of certain displays prohibited; penalties

 

An agency, board, commission, or political subdivision of Nevada, including any agency, board, commission, or governing body of a local government, may not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco or products made or derived from tobacco than are provided by state law.

 

Nev. Rev. Stat. § 202.249(4): Smoking tobacco; declaration of public policy; enforcement; imposition of more stringent restrictions

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 Nevada, it is illegal to sell, distribute, or offer to sell cigarettes, cigarette paper, tobacco of any description, or products made or derived from tobacco to any child under 18 years of age.

 

Nev. Rev. Stat. § 202.2493: Cigarettes and smokeless products made or derived from tobacco to be sold in unopened package only; sale and distribution of cigarettes and other tobacco products to minor prohibited; owner of retail establishment required to display notice concerning prohibition against sale of tobacco products to minors; sale of cigarettes by retailer through use of certain displays prohibited; penalties

 

A person may not sell, distribute or offer to sell cigarettes or smokeless products made or derived from tobacco in any form other than in an unopened package that originated with the manufacturer and bears any health warning required by federal law.

 

Nev. Rev. Stat. § 202.2493(1): Cigarettes and smokeless products made or derived from tobacco to be sold in unopened package only; sale and distribution of cigarettes and other tobacco products to minor prohibited; owner of retail establishment required to display notice concerning prohibition against sale of tobacco products to minors; sale of cigarettes by retailer through use of certain displays prohibited; penalties

 

The tax on tobacco products does not apply to products that are:

  • Shipped out of Nevada for sale and use outside the state;
  • Displayed or exhibited at a trade show, convention or other exhibition in Nevada by a manufacturer or wholesale dealer who is not licensed in the state; or
  • Acquired free of charge at a trade show, convention, or other exhibition or public event in Nevada, and that do not have significant value as determined by the Department of Taxation by regulation.

 

Nev. Rev. Stat. § 370.450(2): Levy, rate, and collection of tax; exemptions; retention of portion by dealer; penalty

 

Distribution of tobacco samples is subject to licensing requirements, as the term “sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

 

Nev. Rev. Stat. § 370.440(2)

 

An agency, board, commission, or political subdivision of Nevada, including any agency, board, commission, or governing body of a local government, may not impose more stringent restrictions on the smoking, use, sale, distribution, marketing, display, or promotion of tobacco or products made or derived from tobacco than are provided by state law.

 

Nev. Rev. Stat. § 202.249(4): Smoking tobacco; declaration of public policy; enforcement; imposition of more stringent restrictions

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