IPCPR Legislative | Restrictions in North Dakota

Restrictions in North Dakota

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Smoking, Age and Sampling Restrictions in North Dakota

North Dakota law prohibits smoking: in public places, including publicly owned buildings, vehicles, or offices, bars, bingo facilities, gambling and gaming facilities, child care and adult day care facilities, convention facilities, educational facilities, both public and private, facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance, financial institutions, health care facilities, hotels and motels, laundromats, any common areas in apartment buildings, condominiums, mobile home parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, private and semiprivate nursing home rooms, museums, libraries, galleries, and aquariums, polling places, professional offices, public transportation facilities, including buses, trains, airplanes and similar aircraft, taxicabs and similar vehicles such as towncars and limousines when used for public transportation, and ticket, boarding, and waiting areas of public transit facilities, including bus and train stations and airports, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, including tobacco and hookah establishments, rooms, chambers, places of meeting or public assembly, including school buildings, shopping malls, sports arenas, theaters, and waiting rooms; in places of public employment, including work areas, auditoriums, classrooms, conference rooms, elevators, employee cafeterias, employee lounges, hallways, meeting rooms, private offices, restrooms, temporary offices, vehicles, and stairs; and within 20 feet of entrances, exits, operable windows, air intakes, and ventilation systems of enclosed areas in which smoking is prohibited.

 

N.D. Cent. Code § 23-12-10: Smoking restrictions; exceptions; retaliation; application
N.D. Cent. Code § 23-12-09: Smoking in public places and places of employment; definitions

 

The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited must clearly and conspicuously post no smoking signs or the international no smoking symbol in that place and at every entrance to that place and remove all ashtrays from any area where smoking is prohibited.

 

N.D. Cent. Code § 23-12-10.4(1): Responsibility of proprietors; reimbursement of costs of compliance

 

A city or county ordinance, a city or county home rule charter, or an ordinance adopted under a home rule charter may not provide for less stringent provisions than those provided under the Act. Nothing in the Act preempts or otherwise affects any other state or local tobacco control law that provides more stringent protection from the hazards of secondhand smoke.

 

N.D. Cent. Code § 23-12-10.2(2): Complaints and enforcement; city and county ordinances and home rule charters

Individuals under 18 years of age cannot purchase, possess, smoke, use, or present or offer to another individual purported proof of age that is false, fraudulent, or not actually the minor’s own proof of age for the purposes of attempting to purchase or possess cigarettes, cigars, cigarette papers, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing. Similarly, it is an infraction for any person to sell or furnish to a minor, or procure for a minor, cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing.

 

N.D. Cent. Code § 12.1-31-03(1-2): Sale of tobacco to minors and use by minors prohibited

 

Department of Labor and Human Rights staff reported that North Dakota law does not contain any provisions concerning the minimum age for a minor to work in a retail tobacco store. The minimum age to work in North Dakota is 14.

 

A city or county may adopt an ordinance or resolution regarding the sale of tobacco to minors and use of tobacco by minors that includes prohibitions in addition to those in state law. Any ordinance or resolution adopted must include provisions deeming violations by minors to be noncriminal violations and must provide for a fee of not less than $25 for minor 14 years of age or older who has been charged with an offense.

 

N.D. Cent. Code § 12.1-31-03(4): Sale of tobacco to minors and use by minors prohibited

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

 

 

Office of State Tax Commissioner staff reported that distribution of tobacco samples in North Dakota is prohibited.

 

In North Dakota, it is an infraction for any person to furnish to a minor, or procure for a minor, cigarettes, cigarette papers, cigars, snuff, or tobacco in any other form in which it may be utilized for smoking or chewing.

 

N.D. Cent. Code § 12.1-31-03(1-2): Sale of tobacco to minors and use by minors prohibited

 

North Dakota law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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