Health Department or Designated Agency
The Kansas Department of Revenue, Cigarette and Tobacco (Director of Taxation) administers and enforces the act; the Secretary of Revenue adopts rules and regulations for administration of the act; law enforcement agencies can conduct inspections; and the Attorney General, district or county attorneys may institute criminal proceedings under the act.
Before distributing any tobacco product, the tobacco retailer or the tobacco retailer’s agent or employee shall verify that the purchaser is at least 21 years of age. Each tobacco retailer or tobacco retailer’s agent or employee shall examine the purchaser’s government-issued photographic identification if the purchaser appears to be under 30 years of age.
Face to Face Transactions
The ID certification/verification process for face to face sales transactions is a bit ambiguous. The statute does not explicitly require ID verification for sales of tobacco products.
The verification process is mentioned as part of an affirmative defense to a charge of selling tobacco products to someone under 21.
The seller can claim they conducted an ID check of the purchaser’s driver’s license, Kansas non driver’s identification card, or “other official or apparently official document containing a photograph of the person and purporting to establish” the person was 21+.
Internet, telephone, and mail order sales transactions require the seller to certify they have acquired “reliable confirmation” of age and verification against a commercially available database of government records
have obtained a photocopy or other image of a “government-issued” ID.
Sec 79-3333 (d) references the seller’s responsibility to acquire an age certification for “transactions over the internet, telephone, or other mail order[s]….” Sec 79-3333 (e) requires a “the retail cigarette dealer” to verify the age info in the certification by using the government database or getting a copy of the ID. Certification would be different since the purchaser must complete forms showing proof of age that the seller subsequently submits to the Dept of Taxation.
Internet, telephone, and mail order sales transactions require the seller to certify they have acquired:
1. “reliable confirmation” that the purchaser is 21 or older
2. products are not intended for consumption by an individual under 21; and
3. written statement signed by the purchaser that certifies the purchaser's address and that the purchaser is at least 21. This section also references transactions for “cigarettes, smokeless tobacco or roll-your-own tobacco” which could be interpreted as excluding ID checks by retailers that sell electronic cigarettes, since e-cigs have an individual definition under the statute.
The primary burden for sales to underage purchasers should fall on the retailer who is profiting from the sales of the product and not the purchaser or non-management employee.
The individual involved in the transaction, OR the retail dealer with “actual knowledge” of the sales transaction to a youth, OR both can be penalized for tobacco sales to those under 21.
Provide authority for the state, county, or municipality to inspect tobacco retailers for compliance with MLSA 21 and a mandated minimum number of annual compliance checks. Model recommends two per year for every tobacco retail establishment.
Not designated in Statute.
The Cigarette and Tobacco Enforcement (CATE) Team attempts to conduct a minimum of one controlled buy enforcement visit at all licensed retail locations that are youth accessible. They also target enforcement revisits in locations that have failed previous enforcement visits from either Synar or CATE.
Revisits consist of performing an inspection, including
-checking for the posting of the State issued license,
-verifying the required posting of signage.
The following are completed during a revisit:
-a random check of cigarette packages for the State’s tax stamp;
-confirmation that the brands sold are listed on the Kansas Attorney General’s directories of approved brands permitted;
-asking the retail dealer if they retain three years of invoices on the premises; -addressing any staff questions CATE inspectors provide education and information to discuss the techniques to verify age when a Kansas driver’s license is presented.
Activities encompass year-round checks that include educational visits, enforcement visits and controlled buys.
The designated agency shall conduct compliance checks by engaging persons between the ages of 18 and 20 to enter the tobacco retail establishment to attempt to purchase tobacco products.
No age designated.
Can conduct checks with individuals 18-20 but not required. Parental consent required for use of “minors” in compliance check process.
Synar survey uses inspectors aged 18-20.
The Cigarette and Tobacco Act does not define “minor.” Chapter 41.
INTOXICATING LIQUORS AND BEVERAGES
Sect 41-102. Definitions (u) “Minor” means any person under 21 years of age.