IPCPR Legislative | Restrictions in New Hampshire

Restrictions in New Hampshire

newhampshire

Smoking, Age and Sampling Restrictions in New Hampshire

New Hampshire law prohibits smoking in: public educational facilities at any time; child care agencies during the hours of operation; hospitals and other acute care facilities; grocery stores by customers; elevators, tramways, gondolas, and other such public conveyances; public conveyances; restaurants; cocktail lounges; and enclosed places owned and operated by social, fraternal, or religious organizations when open to the general public.

 

N.H. Rev. Stat. Ann. § 155:66

 

In 2003, the New Hampshire Supreme Court ruled that the state Indoor Smoking Act (codified at N.H. Rev. Stat. Ann. § 155:64 – § 155:77) “constitutes a comprehensive and detailed statutory scheme” with “no statutory provision permitting additional municipal regulation of smoking” and that, therefore, state law preempts local ordinances more stringent than state law concerning indoor smoking.

 

J.T.R. Colebrook, Inc. v. Town of Colebrook

 

Exemptions

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

  • Enclosed places of public access and publicly-owned buildings and offices, including workplaces in effectively segregated smoking-permitted areas designated by the person in charge
  • Public conveyances rented for private purposes
  • Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or when they are rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the function and not the organization
  • Guest rooms of hotels, motels, and resorts
  • Privately owned halls, ballrooms, dining rooms, and conference rooms of hotels, motels, restaurants, and resorts when rented or leased for private functions from which the public is excluded
  • Resident rooms in collegiate dormitories, public housing facilities, or long-term health and rehabilitation facilities
  • Patients with extraordinary medical conditions, psychiatric disorders, or patients in an alcohol and drug withdrawal program, provided that the patient’s physician has written a prescription allowing the patient to smoke
  • Cigar bars that have obtained a license from the New Hampshire Liquor Commission.
    • A “cigar bar” is a business that
      • Generates 60% or more of its quarterly gross revenue from the sale of cigar-related products, which is limited to cigars, humidors, cigar cutters, cigar cases, lighters, and ashtrays. Mail order and Internet sales, as well as revenue generated from other tobacco sales in store, including cigarettes and loose tobacco sales, will not be used to determine whether an establishment satisfies the definition of a cigar bar.
      • Has a humidor on the premises
      • Does not allow any person under the age of 18 on the premises unless accompanied by a parent, legal guardian, or adult spouse
      • Does not allow cigarette smoking or service of food on the premises
    • Cigar bars may obtain a license by filing a Liquor and Tobacco License Request for Application, along with supplemental documents based on the type of business.

 

N.H. Rev. Stat. Ann. § 155:66 – Smoking Prohibited
N.H. Rev. Stat. Ann. § 155:67 – Exemptions
N.H. Rev. Stat. Ann. § 178:20-a – On-Premises Cigar, Beverage, and Liquor Licenses

Individuals under 18 years of age cannot purchase, attempt to purchase, possess, or use any tobacco product. However, this does not prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products during the duration of their employment.

 

N.H. Rev. Stat. Ann. § 126-K:6

 

Similarly, it is illegal to sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products to a minor.

 

N.H. Rev. Stat. Ann. § 126-K:4

 

No person may use any tobacco products in any public educational facility or on the grounds of any public educational facility.

 

N.H. Rev. Stat. Ann. § 126-K:7

 

New Hampshire law allows any county, city, town, village, or other political subdivision to adopt local laws, ordinances, and regulations that are more stringent than state law.

 

N.H. Rev. Stat. Ann. § 126-K:14

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 New Hampshire, no person may distribute or offer to distribute samples of tobacco products in a public place, except

  • In an area to which minors are denied access
  • In a store to which a retailer’s license has been issued
  • At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access

 

N.H. Rev. Stat. Ann. § 126-K:5

 

Each tobacco sampler must obtain a license for each individual engaged in public sampling from the New Hampshire Liquor Commission before engaging in the business of distributing tobacco products in New Hampshire. Licenses are obtained by filing a Liquor and Tobacco License Request for Application, along with supplemental documents based on the type of business. Licensees must also attend training within 45 days of receiving the license and may sign up at http://www.nh.gov/liquor/enforcement/education/mts/.

 

N.H. Rev. Stat. Ann. § 178:19-c

 

Manufacturers providing sample or gratis tobacco products, such as for sales or advertising campaigns, must, prior to distributing such packages, ship them to a New Hampshire licensed wholesaler. Wholesalers receiving sample or gratis tobacco products must (1) affix the appropriate tobacco tax stamps; or (2) issue an invoice stating that the tax has been collected. The wholesaler is responsible for obtaining reimbursement from the manufacturer for the cost of the tobacco tax stamp or the tax as applied to the usual wholesale price on the OTP.

 

N.H. Admin. Rules, Rev. 1001.13

 

New Hampshire law allows any county, city, town, village, or other political subdivision to adopt local laws, ordinances, and regulations that are more stringent than state law.

 

N.H. Rev. Stat. Ann. § 126-K:14

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