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Tobacco Retail Sales

Retail Sales Regulations

SENATE BILL 754 UPDATE: On August 9, 2017, Governor Kate Brown signed Senate Bill 754 into law. This law raised the required minimum age for a person to legally buy or obtain tobacco products, inhalant delivery systems, and tobacco product devices, from 18 to 21.

Senate Bill 754 Applies to Conduct Occurring on or After January 1, 2018

To ensure compliance with the law, post signs prohibiting sales of tobacco products and inhalant delivery systems to persons under the age of 21. Scroll down to find signs for download. Signs must be posted by January 1, 2018.

Enforcement of the law begins on January 1, 2018.

The Oregon Health Authority encourages retailers to take the following steps prior to January 1, 2018:

  • Talk with your employees and customers about the law.
  • Provide training to employees on how to educate patrons and customers on the law, as well as how to comply with the law.
  • Provide support for employees who smoke to quit.

Read Frequently Asked Questions about this law. If you have more questions, email Tobacco.Inspections@state.or.us.


Retailer Compliance

Senate Bill 754 applies to conduct occurring on or after January 1, 2018.

Download Signs

Retailers are required to post signs prohibiting sales of tobacco products and inhalant delivery systems to persons under the age of 21. Download and print signs below.

Tobacco Sales Prohibited to Persons Under 21

 

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English                                                                            Spanish

 

How to Read an Oregon ID

 

                                 
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More information related to distribution, sales, signage, location of products and inspections will be posted soon.

Would you like more information about the laws against selling tobacco and vaping products to persons under the age of 21?

EMAIL: Tobacco.Inspections@state.or.us


Laws on Sale of Tobacco and Inhalant Delivery Systems

Businesses that sell tobacco and inhalant delivery system in Oregon are responsible for complying with Oregon laws.

Overview

Oregon revised statutes (ORS)** and Oregon administrative rules (OAR)** regulate the sale and distribution of tobacco and inhalant delivery systems to persons under 21 years old. These statutes and rules require retailers to post a notice about the prohibition of selling tobacco products and inhalant delivery systems to persons under 21 years old; and require retailers to place tobacco products and inhalant delivery systems in a location where customers cannot access them without the assistance of an employee. PDF iconTobacco and Inhalant Delivery Systems Sales to Minors, OAR 333-015-0200 to 0220

**Note that the ORS and OAR do not yet incorporate changes made upon the passage of Senate Bill 754. Components of those changes are highlighted below. Please check back regularly for updated ORS and OAR, which will be posted when available.

Inhalant delivery systems retailers are required to comply with Oregon packaging standards (e.g. prohibitions on “packaging that is attractive to minors” and requirements for child-resistant packaging) and all federal rules regulating inhalant delivery systems. PDF iconPackaging and Labeling Standards for Inhalant Delivery Systems, OAR 333-015-0300 to 0375

Specific Laws

Selling tobacco products or inhalant delivery systems to a person under 21 years of age
SB 754 Enrolled (2017 Laws, Chapter 701)

A person commits this offense if he or she knowingly distributes, sells or allows to be sold to a person under 21 years old:

  • Tobacco products; or
  • An inhalant delivery system, as defined in ORS 431A.175.
     

Posting signs about selling tobacco products or inhalant delivery systems
ORS* 431A.175; SB 754 Enrolled (2017 Laws, Chapter 701)

A person selling tobacco products or inhalant delivery systems must display a sign clearly stating that these products cannot be sold to persons under 21 years of age.
 

Random inspections of tobacco product or inhalant delivery system sellers
ORS* 431A.183

The Oregon Health Authority and law enforcement agencies conduct random, unannounced inspections of wholesalers and retailers of tobacco products or inhalant delivery systems to ensure compliance with laws related to sale of tobacco or inhalant delivery systems to persons under 21 years of age.
 

Sale of tobacco products or inhalant delivery systems
ORS* 431A.175; SB 754 Enrolled (2017 Laws, Chapter 701)

It is unlawful to:

  • Fail to post a notice that it is unlawful to sell tobacco products or inhalant delivery systems to persons under 21 years of age. This notice must be clearly visible to the seller and the purchaser of tobacco products or inhalant delivery systems; or
  • Sell cigarettes in any form other than a sealed package.
     

Location of tobacco products or inhalant delivery systems
ORS* 167.402; ORS* 167.407

Unless persons under 21 years of age are permanently prohibited from entering the establishment, tobacco or inhalant delivery systems may not:

  • Be sold or dispensed from a vending machine; or
  • Be in a location in the store where they are accessible by store customers without assistance by a store employee.

*ORS: Oregon Revised Statute

FDA Deeming Rule

On May 5, 2016, the U.S. Food and Drug Administration (FDA) finalized a rule extending its authority to all tobacco products, including e-cigarettes, cigars, hookah tobacco and pipe tobacco, among others.

The FDA will now be able to:

  • Prohibit free samples;
  • Require warning labels;
  • Prevent misleading health claims by tobacco product manufacturers;
  • Evaluate the ingredients of all tobacco products and how they are made; and,
  • Communicate the potential risks of tobacco products.

This final rule went into effect on August 8, 2016.

For a summary of the rules for tobacco retailers, visit: Retailer Overview of FDA Regulations for Selling Tobacco Products.


Retail Inspections

All required Tobacco Retail Inspections programs are coordinated and managed by the Public Health Division.

Oregon's Retail Tobacco Inspection Programs

For more information about the types of inspections conducted in Oregon, view the PDF iconInspection Matrix.

Reporting Violations

See a violation? Report it.

FDA violations, including sales to minors, flavored cigarette sales, free samples, self-service, pack size, and marketing violations may be reported here: https://www.accessdata.fda.gov/scripts/ptvr/index.cfm

Oregon law violations, including sales to persons under 21 years of age, may be reported here: Tobacco.Inspections@state.or.us or 971-673-0984.

OHA seeks input on 2017 Synar Report

The Oregon Health Authority Public Health Division is seeking input and public comment on the draft 2017 Annual Synar Report, which covers October 1, 2015, through September 30, 2016.

The federal Synar Amendment requires states to enact and enforce laws prohibiting the sale and distribution of tobacco products to individuals younger than 18. States must enforce youth tobacco access laws in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals younger than 18. States must conduct random, unannounced inspections of youth-accessible tobacco outlets to assess tobacco retailer compliance with state law. State retailer violation rates must not surpass 20 percent.

States must submit an annual report detailing their activities. State reports must be made available for public comment prior to submission.

Oregon’s draft 2017 Annual Synar Report (pdf) is available for review and comment.

Comments may be emailed to tara.e.weston@state.or.us or mailed to:

OHA Public Health Division
Attention: Tobacco Enforcement Policy Specialist
800 NE Oregon Street, Suite 730
Portland, Oregon 97232

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