Section 438.313 - [Effective 1/1/2025] Distribution of cigarettes, tobacco products, alternative nicotine products, or vapor products to persons under age 21 prohibited - Penalty - Issuance of uniform citation(1) No wholesaler, retailer, or manufacturer of cigarettes, tobacco products, or alternative nicotine products, may distribute cigarettes, tobacco products, or alternative nicotine products, including samples thereof, free of charge or otherwise, to any person under the age of twenty-one (21).(2) Any person who distributes cigarettes, tobacco products, or alternative nicotine products, including samples thereof, free of charge or otherwise shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of twenty-one (21).(3) Any person who violates the provisions of this section shall be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) for each offense. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older.(4) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but may not make an arrest, or take a child into custody, for a violation of this section.Amended by 2024 Ky. Acts ch. 111,§ 10, eff. 1/1/2025.Amended by 2020 Ky. Acts ch. 35,§ 4, eff. 3/26/2020.Amended by 2014 Ky. Acts ch. 111,§ 4, eff. 4/10/2014.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 1927, effective7/15/2010. --Amended 2000, Ky. Acts ch. 423, sec. 4, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 477, sec. 2, effective 7/15/1998. -- Amended 1996, Ky. Acts ch. 38, sec. 5, effective 3/5/1996. -- Repealed, reenacted, and amended as KRS 438.313, 1994 Ky. Acts ch. 480, sec. 10, effective 7/15/1994. - Created 1992 Ky. Acts ch. 164, sec. 1.This section is set out more than once due to postponed, multiple, or conflicting amendments.