Federal Laws
Tobacco 21
Tobacco 21 is a federal law signed into legislation on December 20, 2019 that amends the Federal Food, Drug, and Cosmetic Act to raise the minimum age for the sale of tobacco products (including smokeless tobacco, cigarettes, cigars, cigarillos, hookah, and electronic nicotine delivery systems) from 18 to 21 years of age.
This legislation became effective immediately, making it illegal for any tobacco retailer to sell tobacco products to anyone under the age of 21. There are no exemptions provided under this law. Learn more about its purpose, prohibition, and enforcement here.
PACT Act
Prevent All Cigarette Trafficking Act
The PACT Act is a federal law that went into effect July 1, 2010 to regulate the sale of tobacco products including electronic nicotine delivery systems (ENDS). If you sell cigarettes, smokeless tobacco products, or ENDS you must be in accordance with this law which includes:
- Registering with the state of Idaho
- Provide monthly reports to the Idaho State Tax Commission of sales
- For those outside the state, must pay federal, state, and tribal tobacco taxes and cigarette tax stamps before delivering products to an unlicensed customer OR acquire products with already paid Idaho tax from an Idaho licensed wholesaler or distributor
- Generally prohibits the mailing of tobacco products or ENDS through the U.S postal service
Learn more here.
Idaho Laws
Chapter 57 – Prevention of Minors Access to Tobacco Products or Electronic Smoking Devices
Section 39-5702: Definitions
Section 39-5705: The Sale or Distribution of Tobacco and ENDS Products
- It’s unlawful for minors to buy, sell, or distribute tobacco products or electronic smoking devices
- It’s unlawful for a minor to provide false identification to purchase tobacco products or electronic smoking devices
- Outlines the penalties a minor will undergo if found not in accordance with the law, with maximum punishment of imprisonment.
Section 39-5706: Vendor Assisted Sales
The sale of tobacco and ENDS products through vending or self-service machines are limited to adult only retail stores that are clearly defined as such.