§ 26:917 — Violations by employee; employer liability

§917. Violations by employee; employer liability
A. Sale of tobacco products, alternative nicotine products, or vapor products to a
person under twenty-one years of age by a retail dealer's agent, associate, employee,
representative, or servant shall be considered an act of the retail dealer for purposes of
suspension, revocation, or assessment of civil penalties unless all of the following conditions
exist:
(1) The employer requires employees to attend a commissioner-approved seller
training program.
(2) The employee actually attends the training program.
(3) The employer does not directly or indirectly encourage the employee to violate
the prohibited sales provisions of this Chapter.
B. The commissioner shall establish by administrative rule the minimum
requirements for an approved seller training program. Upon submission of an application
which establishes the course curriculum the commissioner may approve seller training
programs with the minimum requirements. Training courses may be approved which are
offered through private seminars or by accredited colleges or universities. The commissioner
may charge an application fee in such amount as is necessary to defray the expense of
processing the application.
C. The provisions of Subsection A of this Section shall not apply if a retail dealer,
or lawful retailer of alternative nicotine products or vapor products, as applicable, within one
hundred eighty days from the hiring of an agent, associate, employee, representative, or
servant can prove that he has made application to have the employee attend a training
program or the retail dealer or lawful retailer, as applicable, has received an extension of time
in which to comply from the commissioner because of unavailability of a training program.

Legislative History

Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2014, No. 278, §2, eff. May 28, 2014; Acts 2021, No. 403, §2; Acts 2022, No. 34, §1.