IPCPR Legislative | Restrictions in North Carolina

Restrictions in North Carolina

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Smoking, Age and Sampling Restrictions in North Carolina

North Carolina State law prohibits smoking inside state government buildings and vehicles and in all areas of restaurants and bars with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for entrance and exit.

 

A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited must:

  • Conspicuously post signs clearly stating that smoking is prohibited. The signs may include the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
  • Remove all indoor ashtrays and other smoking receptacles.
  • Direct a person who is smoking to extinguish the lighted tobacco product.

 

N.C. Gen. Stat. § 130A-497

 

A local government may adopt and enforce ordinances, board of health rules, and policies restricting or prohibiting smoking that are more restrictive than state law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places. A rule or policy adopted on or after July 1, 2009 must be approved by an ordinance adopted by the Board of County Commissioners of the county to which the rule applies.

 

N.C. Gen. Stat. § 130A-498(a)

 

Exemptions

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

  • Designated guest rooms in lodging establishments
  • A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited. A cigar bar must satisfactorily file an Application/Affidavit for Cigar Bar Exemption with the Department of Health on a quarterly basis, reporting the revenue generated from the sale of alcoholic beverages and cigars as a percentage of quarterly gross revenue.
  • A private club

 

N.C. Gen. Stat. § 130A-496

 

Additionally, a local ordinance or other rule, law, or policy may not restrict or prohibit smoking in the following places:

  • A private residence
  • A private vehicle
  • A tobacco shop (a business establishment the main purpose of which is the sale of tobacco, tobacco products, and accessories for such products that receives no less than 75% of its total annual revenues from the sale of tobacco, tobacco products, and accessories for such products, and does not serve food or alcohol on its premises) if smoke from the business does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A tobacco shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited.
  • All of the premises, facilities, and vehicles owned, operated, or leased by any tobacco products processor or manufacturer, or any tobacco leaf grower, processor, or dealer.
  • Designated guest rooms in a lodging establishment.
  • A cigar bar if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to this Article. A cigar bar that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited.
  • A private club
  • A motion picture, television, theater, or other live production set. This exemption applies only to the actor or performer portraying the use of tobacco products during the production.

 

N.C. Gen. Stat. § 130A-498(b1)

Individuals under 18 years of age cannot purchase, accept receipt, or attempt to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or present or offer to any person false or fraudulent proof of age for the purpose of purchasing or receiving tobacco products. However, it is not illegal for an employee to purchase or accept receipt of tobacco products or cigarette wrapping papers when required in the performance of the employee’s duties.

 

Similarly, it is illegal to distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18, or to purchase tobacco products or cigarette wrapping papers on behalf of a person under the age of 18, or to send a person under 18 years of age to purchase, acquire, receive, or attempt to purchase, acquire or receive tobacco products or cigarette wrapping papers. A person selling tobacco products must demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the purchaser is under 18 years of age. Again, it is not illegal to distribute tobacco products or cigarette wrapping papers to an employee when required in the performance of the employee’s duties.

 

Retail distributors of tobacco products must prominently display a sign with letters at least 5/8 of an inch high that states:

 

N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO-DERIVED PRODUCTS, VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.

 

A person engaged in the distribution of tobacco products through the Internet or other remote sales methods must perform an age verification through an independent, third-party age verification service to establish that the individual ordering the tobacco products is 18 years of age or older.

 

N.C. Gen. Stat. § 14-313

 

To ensure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules or regulations concerning the sale, distribution, display or promotion of (i) tobacco products or cigarette wrapping papers on or after September 1, 1995, or (ii) tobacco-derived products or vapor products on or after August 1, 2013.

 

N.C. Gen. Stat. § 14-313(e)

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 North Carolina, it is illegal for any person to furnish, give, or provide tobacco products, including tobacco product samples, to any person under the age of 18.

 

N.C. Gen. Stat. § 14-313

 

The excise tax levied on tobacco products other than cigarettes does not apply to a sample tobacco product distributed without charge.

 

N.C. Gen. Stat. § 105-113.35

 

No political subdivisions, boards or agencies of North Carolina or any county city, municipality, municipal corporation, town, township, village, or any department or agency thereof may enact ordinances, rules, or regulations concerning the sale, distribution, display, or promotion of tobacco products or cigarette wrapping papers or tobacco-derived products or vapor products.

 

N.C. Gen. Stat. § 14-313

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