YOUTH ACCESS TO AND USE OF TOBACCO PRODUCTS

RSA tit. X, ch. 126-K

in effect

RSA 126-K:1 Purpose.

126-K:1. Purpose. The purpose of this chapter is to protect the citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products, e-liquid, and alternative nicotine products, by ensuring that tobacco products, e-liquid, and alternative nicotine products will not be supplied to persons under the age of 21. This chapter shall not apply to alternative treatment centers registered under RSA 126-X:7 or to individuals who have been issued a registry identification card under RSA 126-X:4 only with respect to the therapeutic use of cannabis; this chapter shall still apply to alternative treatment centers and these individuals with respect to tobacco products. Source. 1997, 338:8, eff. Jan. 1, 1998. 2019, 346:97, eff. Jan. 1, 2020. 2020, 37:105, eff. July 29, 2020. 2021, 122:12, eff. Sept. 7, 2021. 2024, 141:1, eff. Jan. 1, 2025.

RSA 126-K:2 Definitions.

126-K:2. Definitions. In this chapter: I. "Alternative nicotine product" means any noncombustible product containing nicotine (whether natural or synthetic) that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or consumed by any other means. "Alternative nicotine product" does not include any e-cigarettes, e-liquid, or tobacco products, or any product regulated as a drug or device by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act. I-a. "Cigarette" means any roll for smoking made wholly or in part of tobacco, and wrapped in any material except tobacco. II. "Commission" means the liquor commission. II-a. "Device" means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. II-b. "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name. II-c. "E-liquid" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation. III. "Licensee" means the person in whose name a license issued pursuant to RSA 78:6 was granted. III-a. [Repealed.] IV. "Manufacturer" means any person engaged in the business of importing, exporting, producing, or manufacturing tobacco products who sells the product only to licensed wholesalers. V. "Minor" means a person under the age of 21. VI. "Person" means any individual, firm, fiduciary partnership, corporation, trust, or association, however formed. VII. "Public educational facility" means any enclosed place or portion of such place, which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in grades kindergarten through 12. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration including, but not limited to, lounge areas, passageways, rest rooms, laboratories, study areas, cafeterias, gymnasiums, libraries, maintenance rooms, and storage areas. VIII. "Retailer" means any person who sells tobacco products to consumers. VIII-a. "Rolling paper" means any paper product that is designed to encase or wrap tobacco or similar products and marketed for the purpose of smoking or manufacturing hand-rolled cigarettes. IX. "Sampler" means any person who distributes free tobacco products to consumers for promotional purposes. X. "Sub-jobber" means any person doing business in this state who buys stamped tobacco products from a licensed wholesaler and who sells all the sub-jobber's tobacco products to other licensed sub-jobbers, vending machine operators, and retailers. XI. "Tobacco product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, electronic cigarettes, loose tobacco, smokeless tobacco, and cigars. Tobacco products shall not include premium cigars or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold exclusively for such approved use. XII. "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product. XIII. "Vending machine operator" means any person operating one or more tobacco product vending machines on property or premises other than the operator's own. XIV. "Wholesaler" means any person doing business in this state who shall purchase all the wholesaler's unstamped tobacco products directly from a licensed manufacturer and who shall sell all of the wholesaler's products to licensed wholesalers, sub-jobbers, vending machine operators, retailers, samplers, and those persons exempted from the tobacco tax under RSA 78:5. Source. 1997, 338:8. 2001, 171:1. 2010, 113:1, 2, eff. July 31, 2010. 2019, 178:2, 3, eff. Jan. 1, 2020; 259:1, 9, eff. July 1, 2019; 346:95, eff. July 1, 2019. 2020, 37:106, 107, eff. July 29, 2020. 2024, 141:2, eff. Jan. 1, 2025. 2025, 224:2, eff. July 1, 2025.

RSA 126-K:3 Proof of Age of Purchaser.

126-K:3. Proof of Age of Purchaser. I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or e-liquid which vending machine or other sale is to be made to any person who does not appear to be at least 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is 21 years of age or over: (a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, the District of Columbia, a United States territory, or a province of Canada, which bears the date of birth, name, address, and picture of the individual. (b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual. (c) An armed services identification card. (d) A valid passport from a country with whom the United States maintains diplomatic relations. II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall be correct and free of alteration, erasure, blemish, or other impairment. III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or e-liquid to a person under 21 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale: (a) That the person falsely represented in writing and supported by some official documents that the person was 21 years of age or older; (b) That the appearance of the person was such that an ordinary and prudent person would believe such person to be at least 21 years of age or older; and (c) That the sale was made in good faith relying on such written representation and appearance in the reasonable belief that the person was actually 21 years of age or over. Source. 1997, 338:8. 2010, 113:3, 4, eff. July 31, 2010. 2015, 179:2, eff. June 26, 2015. 2016, 71:2, eff. May 10, 2016. 2019, 259:2, 3, eff. July 1, 2019; 346:98, 99, eff. Jan. 1, 2020. 2020, 37:108, 109, eff. July 29, 2020.

RSA 126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or E-Liquid to Persons Who Have Not Attained 21 Years of Age Prohibited.

126-K:4. Sale and Distribution of Tobacco Products, E-cigarettes, or E-Liquid to Persons Who Have Not Attained 21 Years of Age Prohibited. I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to a person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or e-liquid during the duration of their employment. II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee pursuant to rules adopted by the commission under RSA 541-A. III. In addition to the civil penalty described in paragraph II, a person who violates this section shall be guilty of a violation for a first offense and a misdemeanor for each subsequent offense. Source. 1997, 338:8. 2000, 303:1. 2001, 280:1. 2010, 113:5, eff. July 31, 2010. 2019, 259:4, eff. July 1, 2019; 346:100, eff. Jan. 1, 2020. 2020, 37:110, eff. July 29, 2020. 2024, 141:3, eff. Jan. 1, 2025.

RSA 126-K:4-a Rolling Papers.

126-K:4-a. Rolling Papers. I. No person shall sell, give, or furnish rolling papers to a minor. Violations of this paragraph shall be civil infractions punishable by administrative action of the commission against the licensee pursuant to rules adopted by the commission under 541-A. II. No person under 21 years of age shall purchase, possess, or use any rolling paper. Any person who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense. III. In addition to the civil penalty described in paragraph I, a person who violates this section shall be guilty of a violation for a first offense and a misdemeanor for each subsequent offense. Source. 2001, 171:2, eff. Jan. 1, 2002. 2019, 346:101, eff. Jan. 1, 2020. 2020, 37:111, eff. July 29, 2020. 2024, 141:4, eff. Jan. 1, 2025.

RSA 126-K:5 Distribution of Free Samples.

126-K:5. Distribution of Free Samples. I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, e-liquid, or alternative nicotine products in a public place or to a person who has not attained 21 years of age. This prohibition shall not apply to sampling: (a) In an area to which minors are denied access. (b) In a store to which a retailer's license has been issued. (c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access. II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to prevent their distribution to persons who have not attained 21 years of age. III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee pursuant to rules adopted by the commission under RSA 541-A. Source. 1997, 338:8. 2000, 303:2. 2001, 280:2. 2010, 113:6, eff. July 31, 2010. 2019, 346:102, eff. Jan. 1, 2020. 2020, 37:112, eff. July 29, 2020. 2024, 141:5, eff. Jan. 1, 2025.

RSA 126-K:6 Possession and Use of Tobacco Products, E-cigarettes, E-Liquid or Alternative Nicotine Products by Persons Who Have Not Attained 21 Years of Age.

126-K:6. Possession and Use of Tobacco Products, E-cigarettes, E-Liquid or Alternative Nicotine Products by Persons Who Have Not Attained 21 Years of Age. I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, e-liquid, or alternative nicotine products. II. The prohibition on possession of tobacco products, devices, e-cigarettes, e-liquid, or alternative nicotine products shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, devices, e-cigarettes, or e-liquids during the duration of their employment. III. A person who has not attained 21 years of age shall not misrepresent his or her age for the purpose of purchasing tobacco products, devices, e-cigarettes, e-liquid, or alternative nicotine products. [Paragraph IV effective January 1, 2027.] IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. [Paragraph V effective January 1, 2027.] V. Any person who has not attained 21 years of age who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense or shall be required to complete up to 20 hours of community service for each offense, or both. Where available, punishment may also include participation in an education program. [Paragraph IV effective January 1, 2027.] [Paragraph V effective January 1, 2027.] Source. 1997, 338:8. 2010, 113:7, eff. July 31, 2010. 2019, 259:5, eff. July 1, 2019; 346:103, eff. Jan. 1, 2020. 2020, 37:113, eff. July 29, 2020. 2021, 122:13, eff. Sept. 7, 2021. 2024, 141:6, eff. Jan. 1, 2025. 2026, 259:7, eff. Jan. 1, 2027.

RSA 126-K:7 Use of Tobacco Products, Devices, E-cigarettes, E-liquids, or Alternative Nicotine Products on Public Educational Facility Grounds Prohibited.

126-K:7. Use of Tobacco Products, Devices, E-cigarettes, E-liquids, or Alternative Nicotine Products on Public Educational Facility Grounds Prohibited. I. No person shall use any tobacco product, device, e-cigarette, e-liquid, or alternative nicotine products in any public educational facility or on the grounds of any public educational facility. II. Any person who violates this section shall be guilty of a violation and, notwithstanding RSA 651:2, shall be punished by a fine not to exceed $100 for each offense. Source. 1997, 338:8. 2010, 113:8, eff. July 31, 2010. 2019, 259:6, eff. July 1, 2019. 2024, 141:7, eff. Jan. 1, 2025.

RSA 126-K:8 Special Provisions.

126-K:8. Special Provisions. I. (a) No person shall sell, give, or furnish tobacco products, e-cigarettes, e-liquid, or alternative nicotine products to a person who has not attained 21 years of age who has a note from an adult requesting such sale, gift, or delivery. Tobacco products, e-cigarettes, e-liquid, or alternative nicotine products shall only be delivered to a person who provides an identification as enumerated in RSA 126-K:3 establishing that the person has attained 21 years of age. (b) Each school shall establish a policy regarding violations of this paragraph. The policy may include, but not be limited to, mandatory education classes on the hazards of using tobacco products, e-cigarettes, e-liquid, or alternative nicotine products, and suspensions and other penalties. II. All tobacco products shall be sold in their original packaging bearing the Surgeon General's warning. III. The sale of single cigarettes is prohibited. IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee pursuant to rules adopted by the commission under RSA 541-A. V. In addition to the civil penalty described in paragraph IV, a person who violates this section shall be guilty of a violation for the first offense and a misdemeanor for each subsequent offense. Source. 1997, 338:8. 2000, 303:3. 2001, 280:3. 2010, 113:9, eff. July 31, 2010. 2019, 259:7, eff. July 1, 2019; 346:104, eff. Jan. 1, 2020. 2020, 37:114, eff. July 29, 2020. 2024, 141:8, eff. Jan. 1, 2025.

RSA 126-K:9 Enforcement Authority.

126-K:9. Enforcement Authority. The commission shall have the primary responsibility for enforcing this chapter. Local, county, and state law enforcement officers shall also have jurisdiction to enforce this chapter. Such authority may be delegated to agents working under their authority. Source. 1997, 338:8, eff. Jan. 1, 1998.

RSA 126-K:10 Rulemaking.

126-K:10. Rulemaking. The commission shall adopt rules, pursuant to RSA 541-A, relative to the hearings and appeals process and relative to the proper administration of this chapter. Source. 1997, 338:8, eff. Jan. 1, 1998.

RSA 126-K:11 Fines.

126-K:11. Fines. I. All fines imposed by any court and collected for the violation of the provisions of this chapter shall be paid to the state, county, or town, the officials of which instituted the prosecution. II. All fines imposed by the commission shall be deposited into the general fund. Source. 1997, 338:8, eff. Jan. 1, 1998.

RSA 126-K:12 Penalties.

126-K:12. Penalties. I. Violations of this chapter may be prosecuted by local, county, or state law enforcement officials. II. The commission may issue administrative warnings and assess fines and may order the commissioner of revenue administration to suspend or revoke a license issued pursuant to RSA 78 for a specified period of time for violations of this chapter. III. The commission may issue administrative warnings, assess fines, and suspend or revoke a license issued pursuant to RSA 178 for a specified period of time for violations of this chapter. Source. 1997, 338:8. 2008, 341:18, eff. Jan. 1, 2009.

RSA 126-K:13 Severability.

126-K:13. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. Source. 1997, 338:8, eff. Jan. 1, 1998.

RSA 126-K:14 Preemption.

126-K:14. Preemption. Nothing in this chapter shall be construed to restrict the power of any county, city, town, village, or other subdivision of the state to adopt local laws, ordinances, and regulations that are more stringent than this chapter and RSA 78. Source. 1997, 338:8, eff. Jan. 1, 1998.

RSA 126-K:15 Tobacco Use Prevention and Cessation Program.

126-K:15. Tobacco Use Prevention and Cessation Program. There is hereby established in the department of health and human services the tobacco use prevention and cessation program, which shall be administered with funds appropriated to the department for such purpose, and which shall include but not be limited to: I. Tobacco use prevention community programs and grants. II. Tobacco use prevention school programs and grants. III. Tobacco use prevention state-wide programs and grants. IV. Tobacco use cessation programs. V. Tobacco use prevention and cessation counter marketing. VI. Evaluation of tobacco control initiatives. VII. Administration and enforcement. Source. 1999, 183:3. 2000, 62:2. 2007, 263:113, eff. June 30, 2007.

RSA 126-K:16 Definitions.

126-K:16. Definitions. In this subdivision: I. "Commissioner" means the commissioner of the department of health and human services. II. "Department" means the department of health and human services. III. [Repealed.] Source. 2000, 62:3. 2007, 263:116, II, eff. June 30, 2007.

RSA 126-K:17 Purpose of Grants; Grants Process.

126-K:17. Purpose of Grants; Grants Process. Grants shall be available in accordance with the following procedures: I. Requests for funding consideration in any given year shall be forwarded to the commissioner by January 1 to be reviewed for a grant beginning in the following fiscal year. II. The commissioner shall review all requests and recommend awards, including amounts and duration. The commissioner shall submit recommendations to the governor and executive council for approval. III. Additional requests may be considered throughout the year if funds are available. The commissioner shall forward recommendations to the governor and council for approval. Source. 2000, 62:3, eff. June 16, 2000.

RSA 126-K:18 Rulemaking.

126-K:18. Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, necessary for the administration of this subdivision. Source. 2000, 62:3, eff. June 16, 2000.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-126-K.htmFetched: 10/20/2026