§ 16-17-502 — Distribution of tobacco product samples.

South Carolina § 16-17-502

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 17: OFFENSES AGAINST PUBLIC POLICY

Text

(A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years. (B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years. (C) A person violating this section is subject to the penalties set forth in Section 16-17-500(E). (D) A tobacco retail establishment violating this section is subject to administrative penalties as provided in Section 16-17-500(E)(3).

Legislative History

HISTORY: 1996 Act No. 445, SECTION 2; 2013 Act No. 35, SECTION 3, eff June 7, 2013; 2023 Act No. 38 (H.3681), SECTION 7, eff August 14, 2023. Editor's Note 2023 Act No. 38, SECTIONS 1, 3 to 4, and 13, provide as follows: "SECTION 1. This act may be cited as the 'Omnibus Tobacco Enforcement Act of 2023'." "SECTION 3. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public-use policies relating to any of the products referenced in this act. "SECTION 4. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting." "SECTION 13. This act takes effect ninety days after approval by the Governor except SECTION 2, SECTION 3, and SECTION 4 which take effect upon approval by the Governor." Effect of Amendment 2023 Act No. 38, SECTION 7, in (A), deleted "or an alternative nicotine product" following "tobacco product"; rewrote (C); and added (D).