C

Nevada Grade Card

Population Covered: 3,080,156

Tobacco 21 Since: May 27, 2021

The Preventing Tobacco Addiction Foundation evaluated all current statewide Tobacco 21 laws for their alignment with best practices that lead to effective prevention of youth initiation of tobacco and nicotine products.

ENFORCEMENT
GRADE: F

Designated Enforcement Agency

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Best Practice:

Health Department or Designated Agency

Nevada Enforcement:

Nevada’s designated enforcement agency is the Attorney General who can contract with locality at their discretion, including the police

Age Verification

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Best Practice:

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.

Nevada Enforcement:

ID check done through a third-party age verification service for online sales. In store retailers are in compliance with the law as long as they rely on a government issued ID to verify age.

Who is the Penalty Placed on?

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Best Practice:

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.

Nevada Enforcement:

Penalty is placed on the “Person”

Number of Compliance Checks

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Best Practice:

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.

Nevada Enforcement:

Nevada does not mandate a specific number of annual compliance checks on each retailer.

Compliance Checks Done With Underage Decoys Aged 18-20

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Best Practice:

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.

Nevada Enforcement:

Decoy age not specified

LICENSING
GRADE: F

Statewide Tobacco Retail License

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Best Practice:

A comprehensive tobacco retail license allows states and municipalities to regulate all tobacco retailers, fund enforcement programs, and create a penalty structure that suspends or revokes a license for retailers that continue to violate a MLSA 21 law.

Nevada Licensing:

Nevada does not have a statewide comprehensive Tobacco Retail License. Their permit is attached to taxation and not connected to behaviors of retailers.

Tobacco Retail License Program Funds Enforcement

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Best Practice

The fee for a tobacco retail sales license shall be set and used to cover the administrative cost for licensing administration, education and training, retail inspections, and unannounced compliance checks. The tobacco retail sales license fee should not exceed the cost of the regulatory program authorized beyond the statute/ordinance.

Nevada Licensing:

Nevada’s Tobacco Retail License fee is only $50 and partially covers enforcement

Tobacco Retail License Fee

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Best Practice:

An effective licensing system requires tobacco retailers to pay an annual license fee and allows it to be periodically adjusted. Fee must be adequate to cover License administration, education/training, and enforcement. An annual fee of lower than $300 is generally inadequate to fund a licensing program.

Nevada Licensing:

Nevada’s Tobacco Retail License fee renews annually, but is only $50 which is not adequate to fund enforcement

PENALTIES
GRADE: B

Penalty Type

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Best Practice:

Establish a civil penalty structure for violations rather than a criminal penalty structure.

Nevada Penalties:

Nevada has a civil penalty structure

Violation Accrual Period

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Best Practice:

36 months

Nevada Penalties:

Nevada has a 24-month violation accrual period

Monetary Penalty and Suspension Structure

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Best Practice:

1st violation = $500
2nd violation = $750 and (7) day suspension
3rd violation = $1,000 and (30) day suspension
4th violation = $1000 and (3) year suspension

Nevada Penalties:

Person:

1st violation: $100

2nd violation: $250

3rd violation: $500

Licensee:

If employee/agent has violated this section:

1st and 2nd violation in 24 months: Warning issued

3rd violation in 24 months: $500 fine

4th violation in 24 months: $1,250 fine

5th violation in 24 months: $2,500 fine

 

Suspension or revocation of license not included in the penalty structure.

Does the Law Penalize Youth for Purchase, Use or Possession

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Best Practice:

An evidence-based, best practices tobacco MLSA 21 policy should focus penalties on the tobacco retailer who profits from the illegal sale rather than the youth who is likely addicted to the product. PUP laws may be unlikely to reduce youth smoking significantly.

Nevada Penalties:

Nevada does not penalize youth for purchase, use, or possession (PUP) of tobacco products

PREEMPTION
GRADE: A

Does Preemption exist, was it added, or expanded

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Best Practice:

Local governments have a critical role in reducing the deadly toll of tobacco by regulating sales and restricting youth access to these products to prevent use and addiction.

Tobacco 21 legislation should not introduce new tobacco control preemption, nor expand existing tobacco control preemption, and instead should be used as an opportunity to assert local authority or repeal existing tobacco control preemption.

Nevada Preemption:

Nevada law does not preempt local authority to pass more stringent tobacco control laws

DEFINITIONS
GRADE: A

Definitions

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Best Practice:

A comprehensive definition will cover all current, known tobacco and nicotine products, which include not only cigarettes, cigars, and smokeless tobacco, but also products like pipes, rolling papers, electronic smoking devices, and other related devices. A strong definition will also be broad enough to capture future products.

Nevada Definitions:

Nevada’s Tobacco 21 law includes comprehensive definitions