Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.07.25 - PREVENTION OF MINORS' ACCESS TO TOBACCO PRODUCTS
Section 16.07.25.010 - DEFINITIONS
Current through August 31, 2023
The terms used in this rule are defined as follows: (3-17-22)
01. Business. Any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities that sells or distributes tobacco products. Wholesalers' or manufacturers' representatives in the course of their employment are not included in the scope of these rules. (3-17-22)
02. Delivery Sale. The distribution of tobacco products to a consumer in a state where either: (3-17-22)
03. Delivery Service. Any person who is engaged in the commercial delivery of letters, packages, or other containers. This includes permittees who take an order for tobacco products and then deliver the tobacco products without using a third party delivery service. (3-17-22)
04. Department. The Department of Health and Welfare (DHW) or its duly authorized representative. (3-17-22)
05. Direct Sale. Any face to face, or in person sale, of a tobacco product by a permittee, or their employee, to an individual. (3-17-22)
06. Distribute. To give, deliver, sell, offer to give, offer to deliver, offer to sell, or cause any person to do the same or hire any person to do the same. (3-17-22)
07. Effective Training. Training must include, at a minimum, the provisions of the law regarding minors' access to tobacco products as indicated on the suggested Employee Training form that is included with the permit provided by the Department and found in Appendix A of these rules. Such training will be presumed effective for purposes of civil penalty actions in the first, second, and third violations within a two (2) year period. (3-17-22)
08. Evidence of Effective Training. Documentation provided by a permittee in response to a violation of this chapter clearly identifying that the permittee had a training program meeting the definition for effective training in place at the time of the violation and had on file a form signed by the employee prior to the violation stating understanding of the tobacco laws dealing with minors and the unlawful purchase of tobacco. (3-17-22)
09. Location. The street address and building in which the tobacco products are sold. (3-17-22)
10. Minor. A person under eighteen (18) years of age. (3-17-22)
11. Permit. A permit issued by the Department for the sale or distribution of tobacco products. (3-17-22)
12. Permit Endorsement. An endorsement identifies a sale or delivery method used by a permittee to sell tobacco products. There are three (3) types of endorsements that may be included on a permit. The three (3) endorsement types are: (3-17-22)
13. Permittee. The holder of a valid permit for the sale or distribution of tobacco products. (3-17-22)
14. Photographic Identification. In all cases the identification must bear a photograph and a date of birth. Verification is not required by these rules if the buyer is known to the seller to be age eighteen (18) or older. Types of identification include: (3-17-22)
15. Purchaser. An individual who seeks to buy or who buys a tobacco product. (3-17-22)
16. Random Unannounced Inspection. An inspection of business by a law enforcement agency or by the Department, with or without the assistance of a minor, to monitor compliance of this chapter. (3-17-22)
17. Retail Sales Minor-Exempt Permit. A permit that is issued to retail locations whose revenues from the sale of alcoholic beverages for on-site consumption are at least fifty-five percent (55%) of total revenues, or whose products and services are primarily obscene, pornographic, profane, or sexually oriented. A permittee issued this type of permit is exempt from minor-assisted inspections where minors are not allowed on the premises and such prohibition is clearly posted at all entrances. (3-17-22)
18. Seller. The person who physically sells or distributes tobacco products. (3-17-22)
19. Tobacco Product. Any substance that contains tobacco including: (3-17-22)
20. Vending Machine. Any mechanical, electronic, or other similar device which, upon the insertion of tokens, money, or any other form of payment, dispenses tobacco products. (3-17-22)
21. Vendor Assisted Sales. Any sale or distribution in which the customer has no access to the product except through the assistance of the seller. The seller must physically dispense the tobacco product to the purchaser. (3-17-22)
22. Violation. An action contrary to Title 39, Chapter 57, Idaho Code, or IDAPA 16.07.25, "Prevention of Minors' Access to Tobacco Products." (3-17-22)
23. Without a Permit. A business that has failed to obtain a permit or a business whose permit is suspended or revoked. (3-17-22)
