IPCPR Legislative | Restrictions in Wyoming

Restrictions in Wyoming

wyoming

Smoking, Age and Sampling Restrictions in Wyoming

Wyoming state law does not regulate or restrict smoking in public places or private and public workplaces.

 

Smoking is not permitted in any state building under the authority of the Capitol Building Commission except in a specially ventilated designated smoking area.

 

Wyoming State Government Nonsmoking Policy
http://wyospcr.state.wy.us/intranet/1989%20Nonsmoking%20Policy%20%281%29.pdf

 

Localities may pass laws or ordinances regulating or restricting smoking.

Individuals under 18 years of age cannot possess, use, purchase or attempt to purchase tobacco products, or misrepresent their identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase tobacco products. Similarly, it is illegal for any person or retailer to sell, offer for sale, permit the sale of, give away, or deliver tobacco products to any person under 18 years of age.

 

Wyo. Stat. § 14-3-304: Purchase by minors prohibited
Wyo. Stat. § 14-3-305: Possession or use by minors prohibited
Wyo. Stat. § 14-3-302: Prohibited sales or delivery

 

Department of Workforce Services (Labor Standards) staff reported that the Wyoming Statutes contain no specific provision relating to the minimum age for a minor to sell tobacco in a retail store. Staff recommended that interested parties contact the applicable town, city, or county.

 

Any person who sells tobacco products must post signs informing the public of the age restrictions provided by state law at or near every display of tobacco products and on or upon every vending machine that offers tobacco products for sale. Each sign must be plainly visible and must contain a statement communicating that the sale of tobacco products to persons under 18 years of age is prohibited by law. Any person who owns, operates, or manages a business where tobacco products are offered for sale at retail and at which persons under the 18 years of age are allowed admission with or without an adult, must maintain all tobacco products within the line of sight of a cashier or other employee or under the control of the cashier or other employee.

 

Wyo. Stat. § 14-3-303: Posted notice required; location of vending machines

 

No person may sell or offer tobacco products:

  • Through a vending machine unless the vending machine is located in:
    • Businesses, factories, offices or other places not open to the general public
    • Places to which persons under 18 years of age are not permitted access, or
    • Business premises where alcoholic or malt beverages are sold or dispensed and where entry by persons under 18 years of age is prohibited.
  • Through a self service display except in:
    • A vending machine, or
    • A business where entry by persons under 18 years of age is prohibited.

 

Wyo. Stat. § 14-3-303: Posted notice required; location of vending machines

 

State law does not prohibit the imposition by local law or ordinance of further regulation or prohibition upon the sale, use and possession of tobacco products to any person under 18 years of age, but the governmental entity shall not permit or authorize the sale, use or possession of tobacco products to any person under 18 years of age. No governmental entity shall enact any law or ordinance which changes the standards provided by W.S. 14-3-302(a) and (c), 14-3-303(a), 14-3-304(a) and 14-3-305(a).

 

Wyo. Stat. § 14-3-308: Further regulation by local ordinance

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 Wyoming, it is illegal for any person or retailer to sell, offer for sale, permit the sale of, give away, or deliver tobacco products to any person under 18 years of age.

 

Wyo. Stat. § 14-3-302: Prohibited sales or delivery

 

Department of Revenue staff reported that, because other tobacco taxes are imposed at the wholesale level, tobacco samples are subject to the tax on other tobacco products. Staff also reported that any person who acts as a wholesaler, importer, or manufacturer who sells or offers to sell tobacco products in the state must obtain a Tobacco Wholesalers License from the Department of Revenue.

 

State law does not prohibit the imposition by local law or ordinance of further regulation or prohibition upon the sale, use and possession of tobacco products to any person under 18 years of age, but the governmental entity shall not permit or authorize the sale, use or possession of tobacco products to any person under 18 years of age. No governmental entity shall enact any law or ordinance which changes the standards provided by W.S. 14-3-302(a) and (c), 14-3-303(a), 14-3-304(a) and 14-3-305(a).

 

Wyo. Stat. § 14-3-308: Further regulation by local ordinance.

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