PURPOSE: This rule establishes training criteria for retailers and employees selling tobacco products, alternative nicotine products, or vapor products. The law was changed in 2014, HB841, to define what an alternative nicotine product is and restrict the sale of these products to minors in the same manner as tobacco products are currently restricted.
(1) Minimum retailer employee tobacco training, as referenced in section 407.931.6, RSMo, is not to exceed a total of ninety (90) minutes in length and covers the following criteria:(A) State laws set out in sections 407.926, RSMo, et seq.;(B) Federal regulations pertaining to retail sales of tobacco products, alternative nicotine products, or vapor products, set out in 21 CFR 1140.1 et seq.;(C) What constitutes a valid identification as set out in section 407.929.2, RSMo;(D) How to determine the validity of an identification and to detect fake, invalid and/or altered identifications; and(E) The refusal and denial of the sale of tobacco products, alternative nicotine products, or vapor products to a minor or to someone without proper identification.(2) An owner of an establishment where tobacco products, alternative nicotine products, or vapor products are available for sale may claim the exemption of section 407.931.6, RSMo if said owner had in place an in-house or other tobacco compliance employee training program meeting the criteria in section (1) above, and the training was attended by all employees who sell tobacco products, alternative nicotine products, or vapor products to the general public.(3) Each employee attending the training is to sign and date a certification upon completion of the training stating that the employee has been trained and understands the state laws and federal regulations regarding the sale of tobacco products, alternative nicotine products, or vapor products. This certification is to be presented to the supervisor of alcohol and tobacco control upon request. AUTHORITY: section 407.931.6(3), RSMo Supp. 2001.* Original rule filed Sept. 27, 2001, effective March 30, 2002. Amended by Missouri Register April 15, 2019/Volume 44, Number 8, effective 5/31/2019*Original authority: 407.931, RSMo 1992, amended 2001.