Positive tobacco 21 policy language, 2015–2019
| Policy components | Example policy component language |
| Prohibition | No person shall sell a tobacco product or a vapour product to a person under the age of 21 or give a tobacco product or vapour product to a person under the age of 21—Massachusetts |
| Comprehensive tobacco product definition | ‘Tobacco product’ means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, a hookah, pipe tobacco, chewing tobacco, snuff or snus. ‘Tobacco product’ also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes and liquids used in electronic smoking devices, whether or not they contain nicotine. ‘Tobacco product’ does not include drugs, devices or combination products authorised for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act—Maine |
| Age verification | Before selling, offering for sale, giving or furnishing a tobacco product, electronic cigarette or alternative nicotine product to another person, the person selling, offering for sale, giving or furnishing the tobacco product, electronic cigarette or alternative nicotine product shall verify that the person is at least 21 years of age by: (1) examining from any person that appears to be under 30 years of age a government-issued photographic identification that establishes the person to be 21 years of age or older—Illinois |
| Signage | … signs using the statement, ‘The sale of tobacco products or electronic smoking devices to persons under 21 is prohibited’, shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products or electronic smoking devices are sold in letters at least one-half inch high—Hawaii |
| Enforcement | Grants from the special projects and development fund shall be made on an annual basis to local health agencies for local enforcement efforts concerning the sale and commercial distribution of tobacco products to persons under the age of 21 years, in an amount determined by the commissioner. The grants shall be distributed based on the number of cigarette retail dealer and vending machine licences issued within a local health agency's jurisdictional authority in order to ensure Statewide coverage and Statewide consistency of enforcement efforts—New Jersey The Division of Liquor Control shall conduct or contract for compliance tests of tobacco licencees as frequently and as comprehensively as necessary to ensure consistent statewide compliance with the prohibition on sales to persons under 21 years of age of at least 90 percent for buyers who are 16 or between 17 and 20 years of age—Vermont The Maryland department of health may conduct unannounced inspections of a licensed retailer to ensure the licencees compliance with the provisions of this title and §10–107 of the criminal law article. (2) The Maryland department of health may use an individual under the age of 21 years to assist in conducting an inspection under this section— Maryland |
| Violations and penalties | An enforcing agency may assess civil penalties against any person, firm or corporation that sells, gives or in any way furnishes to another person who is under 21 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, according to the following schedule: (1) a civil penalty of from US$400 to US$600 for the first violation, (2) a civil penalty of from US$900 to US$1000 for the second violation within a 5-year period, (3) a civil penalty of from US$1200 to US$1800 for a third violation within a 5-year period, (4) a civil penalty of from US$3000 to US$4000 for a fourth violation within a 5-year period, or (5) a civil penalty of from US$5000 to US$6000 for a fifth violation within a 5-year period. In addition to the civil penalties… the assessment of a civil penalty for the third, fourth or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the State Board of Equalization of the violation. The State Board of Equalization shall then assess a civil penalty of US$250 and suspend or revoke a licence issued pursuant …accordance with the following schedule:
|