§ 14-3-307 — Compliance inspections

(a) The department of health, working with local law
enforcement agencies and other local individuals and
organizations at the discretion of the department, shall be the
lead agency to ensure compliance with this article.
(b) The department of health shall develop strategies to
coordinate and support local law enforcement efforts to enforce
all state statutes relating to the prohibition of the sale of
nicotine products to persons under twenty-one (21) years of age.
(c) The department shall have discretion to:
(i) Work with each local law enforcement agency; and
(ii) Coordinate local enforcement efforts that
appropriately reflect the needs of the community.
(d) To coordinate the enforcement of state statutes
relating to the prohibition of the sale of nicotine products to
persons under twenty-one (21) years of age and to comply with
applicable federal law, the department of health shall have
authority to contract with or provide grants to local law
enforcement agencies or other local individuals or entities
having the appropriate level of enforcement authority on the
local level to conduct random, unannounced inspections at retail
locations where nicotine products are sold. The local law
enforcement agencies or other local individuals or entities
authorized to conduct inspections shall be permitted to use
minors and persons under twenty-one (21) years of age subject to
the following:
(i) Prior to the inspection, the local law
enforcement agency or other authorized individual or entity
shall obtain the written consent of the person being used in the
inspection or if using a minor, the written consent of the
minor's parents or guardian shall be obtained prior to the minor
participating in an inspection. The written consent required
under this paragraph shall include a notification that testimony
in a subsequent court proceeding may be required;
(ii) Any person under twenty-one (21) years of age
participating in an inspection shall, if questioned, state his
true age and that he is less than twenty-one (21) years of age;
(iii) The appearance of a person under twenty-one
(21) years of age shall not be altered to make him appear to be
twenty-one (21) years of age or older;
(iv) Neither a minor nor his parents or guardians
shall be coerced into participating in such inspections;
(v) The person conducting the inspection shall
photograph the participant immediately before the inspection and
any photographs taken of the participant shall be retained by
the person conducting the inspection;
(vi) Any participant in an inspection under this
section shall be granted immunity from prosecution under W.S.
14-3-304 or 14-3-305.
(e) The person conducting an inspection under this section
shall:
(i) Remain within sight or sound of the participant
attempting to make the purchase;
(ii) Immediately inform in writing a representative
or agent of the business establishment that an inspection has
been performed and the results of the inspection;
(iii) Within two (2) days, prepare a report of the
inspection containing:
(A) The name of the person who supervised the
inspection;
(B) The age and date of birth of the participant
who assisted in the inspection;
(C) The name and position of the person from
whom the participant attempted to purchase nicotine products;
(D) The name and address of the establishment
inspected;
(E) The date and time of the inspection; and
(F) The results of the inspection, including
whether the inspection resulted in the sale or distribution of,
or offering for sale, nicotine products to a person under
twenty-one (21) years of age.
(iv) Immediately upon completion of the report
required under this subsection, provide a copy of the report to
a representative or agent of the business establishment that was
inspected;
(v) Request a law enforcement officer to issue a
citation for any illegal acts relating to providing nicotine
products to persons under twenty-one (21) years of age during
the inspection.