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Tobacco Retail Sales

Retail Sales Regulations

Tobacco purchase age raised to 21

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.

To ensure compliance with the law, businesses that sell tobacco products and inhalant delivery systems must post signs prohibiting sales of these products to persons under the age of 21. Scroll down to find signs for download. 

Enforcement of the law began on January 1, 2018.

The Oregon Health Authority encourages retailers to take the following steps:

  • 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.

Violations of this law may be reported here: Tobacco.Inspections@state.or.us or 971-673-0984.


Retailer Compliance

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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How to Read an Oregon ID

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Would you like more information about the laws related to 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 products and inhalant delivery systems in Oregon are responsible for complying with Oregon laws.

Overview

Oregon revised statutes (ORS)** and Oregon administrative rules** regulate the sale and distribution of tobacco products 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 assistance from an employee. Tobacco and Inhalant Delivery Systems Sales to Minors, OAR 333-015-0200 to 0220

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. Packaging 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
ORS*167.755

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; ORS*167.770

Establishments that sell 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 products or inhalant delivery systems to persons under 21 years of age.
 

Sale of tobacco products or inhalant delivery systems
ORS*431A.175; ORS*167.770 

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*167.780; ORS 167.765

Unless persons under 21 years of age are permanently prohibited from entering the establishment, tobacco products 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 from 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 is now 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 state-level Tobacco Retail Inspections programs are coordinated and managed by the Public Health Division.

The most recent results from the Food and Drug Administration tobacco product retailer compliance checks are available here: https://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm

Oregon's Retail Tobacco Inspection Programs

The most recent inspection results are available state-wide and by county here: InspectionCoReport.PDFInspection Report.

For more information about the types of state inspections conducted in Oregon, view the Inspection Matrix.

Reporting Violations

See a violation? Report it.

FDA violations, including 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.

2018 Synar Report

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 2018 Oregon Synar ReportORSynarReport.pdfis no longer available for review and comment. The public comment period closed Friday, November 17, 2017.

 

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