IPCPR Legislative | Restrictions in Vermont

Restrictions in Vermont

vermont

Smoking, Age and Sampling Restrictions in Vermont

Vermont law prohibits smoking: in any workplace, including restaurants, bars, and other establishments in which food or drinks, or both, are served; in all publicly owned buildings and offices and all enclosed indoor places, including buildings, offices, means of transportation, common carrier waiting rooms, arcades, restaurants, bars, cabarets, retail stores, grocery stores, libraries, theaters, concert halls, auditoriums, arenas, barber shops, hair salons, laundromats, shopping malls, museums, art galleries, sports and fitness facilities, planetariums, historical sites, common areas of nursing homes and hospitals, and buildings or facilities owned or operated by a social, fraternal, or religious club; in all enclosed indoor places in lodging establishments; in designated smoke-free areas of property or grounds owned by or leased to the state; within 25 feet of state-owned buildings and offices; and on the grounds of any hospital or secure residential recovery facility owned or operated by the state.

 

Vt. Stat. tit. 18, § 1421: Smoking in the workplace; prohibition
Vt. Stat. tit. 18, § 1742: Restrictions on smoking in public places
Vt. Stat. tit. 18, § 1741: Definitions

 

Nothing in this subchapter will be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this subchapter.

 

Vt. Stat. tit. 18, § 1428: Municipal ordinances

 

Nothing in this chapter shall be construed to supersede or in any manner affect a municipal smoking ordinance provided that the provisions of such ordinance are at least as protective of the rights of nonsmokers as the provisions of this chapter.

 

Vt. Stat. tit. 18, § 1746: Municipal ordinances

 

Exemptions

 

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

  • Areas of owner-operated businesses with no employees that are not commonly open to the public
  • Any portion of a structure that also serves as the employee’s or employer’s personal residence
  • Vermont veterans’ home, in areas where smoking is allowed

 

Vt. Stat. tit. 18, § 1743: Exceptions
Vt. Stat. tit. 18, § 1421: Smoking in the workplace; prohibition

 

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

Individuals under 18 years of age cannot possess, purchase, or attempt to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia unless the person is an employee of a holder of a tobacco license and is in possession of tobacco products, tobacco substitutes, or tobacco paraphernalia to effect a sale in the course of employment. However, no individual under the age of 16 may sell tobacco products, tobacco substitutes, or tobacco paraphernalia. Individuals under 18 years of age also may not misrepresent their age to purchase or attempt to purchase tobacco products, substitutes, or tobacco paraphernalia.

 

Vt. Stat. tit. 7, § 1005: Persons under 18 years of age; possession of tobacco products; misrepresenting age or purchasing tobacco products; penalty
Vt. Stat. tit. 7, § 1002(f): License required; application; fee; issuance

 

Similarly, it is illegal for any person to sell, provide, or furnish tobacco products, tobacco substitutes, or tobacco paraphernalia to any person under 18 years of age.

 

Vt. Stat. tit. 7, § 1003: Sale of tobacco products; tobacco substitutes; tobacco paraphernalia; requirements; prohibitions
Vt. Stat. tit. 7, § 1007: Furnishing tobacco to persons under 18 years of age

 

A person licensed under this chapter shall post in a conspicuous place on the premises identified in the tobacco license a warning sign stating that the sale of tobacco products, tobacco substitutes, and tobacco paraphernalia to minors is prohibited.

 

Vt. Stat. tit. 7, § 1006: Posting of signs

 

Vermont law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

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/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/ucm205020.htm

 

In Vermont, it is illegal for any person to sell, provide, or furnish tobacco products, tobacco substitutes, or tobacco paraphernalia to any person under 18 years of age.

 

Vt. Stat. tit. 7, § 1003: Sale of tobacco products; tobacco substitutes; tobacco paraphernalia; requirements; prohibitions
Vt. Stat. tit. 7, § 1007: Furnishing tobacco to persons under 18 years of age

 

Department of Taxes staff reported that distribution of tobacco samples is subject to tax and licensing requirements. In addition, Department of Taxes staff reported that there are no are no laws restricting tobacco sampling to certain locations.

 

Vermont 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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