Health Department

Information Regarding Tobacco 21 Ordinance

ATTENTION RETAILERS!

The City of Independence, Missouri has amended Ordinance 11.03 effective March 1, 2016, to increase the minimum sale age for tobacco products, alternative nicotine products, and vapor products to 21. Make sure you’re prepared. Know the law and post legal signage in your store.

The Health Department is providing the following merchant resources: click on the link then download the documents to your computer.

 

  • Information on Ordinance 11.03
    • Each retailer shall ensure that all sales of cigarettes, cigarette tobacco, cigars, smokeless tobacco products, alternative nicotine products, or vapor products to any person comply with the following requirements:
      • No retailer may sell any tobacco products, alternative nicotine products, or vapor products to any person younger than twenty-one (21) years of age. 
  • Definitions
    • ALTERNATIVE NICOTINE PRODUCT shall mean any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include any vapor product, tobacco product 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.

    • TOBACCO PRODUCT shall mean smokeless tobacco products, tobacco snuff, cigarettes, cigars, pipe tobacco and other tobacco products suitable for smoking.

    • VAPOR PRODUCT shall mean any non-combustible product with or without nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, which can be used to produce vapor with or without nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a liquid solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include any alternative nicotine or tobacco product.

  • Penalties
    • Any wholesale dealer or retailer violating the provisions of this Article shall be subject to fines in the following amounts:
      • First Offense: Not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00)
      • Second Offense: Not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00)
      • Third & Subsequent Offenses: Five Hundred Dollars ($500.00)
      • In addition, any violation shall subject the manufacturer, distributor or retailer to suspension or revocation of its occupation license under the provisions of Chapter 5.
  • Displays
    • Every retailer shall have posted four (4) signs which indicate “It is a violation of the law for cigarettes, other tobacco products, alternative nicotine products, or vapor products to be sold to any person under 21."
  • For more information please contact the Independence Health Department (816) 325-7185.