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Signs shall be posted to clearly designate the boundaries of each nonsmoking area. Signs must be posted at the entrance stating that smoking is prohibited except in designated areas. In family day care facilities, the provider or staff members may not smoke while engaged in care-giving activities requiring direct physical contact with children, including, but not limited to feeding, diapering, dressing and rocking. 'Tobacco bar' means a bar that in the calendar year ending December 31, 2002, generated 10 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors. Each employer with fewer than five employees in a business facility shall establish one or more work areas where smoking is prohibited, sufficient to accommodate nonsmokers who request to utilize such an area. Smoking areas must be enclosed, properly ventilated, and away from any children present at the day care facility. Tobacco bars are exempt, provided no tobacco bar shall expand in size or change its location from its size or location as of December 31, 2002. A third violation within 18 months is subject to a civil penalty of 0 and removal of the vending machine for a period of one year. Any person whose dealer's license has expired for no more than 90 days and who knowingly sells at retail, offers for sale at retail or possesses with intent to sell at retail any cigarettes or taxed tobacco products is an infraction subject to a fine. Distributors who deal in tobacco products other than cigarettes must also be licensed by the Commissioner of Revenue Services. Violation of the restrictions on the placement of vending machines is subject to a civil penalty of 0 for a first violation and 0 for a second violation within 18 months. Each day of such unauthorized operation may be deemed a separate offense. §§ 12-285b (2009), 12-286 (2011), 12-287 (2009), 12-288 (2009) & 12-291a (1993). Violation is subject to a civil penalty of not more than 0 for a first offense, not more than 0 for a second offense within 24 months of the first offense and not more than 0 for the third and subsequent offense within 24 months of the first offense. The sale of cigarettes other than in an unopened package containing 20 or more cigarettes originating with the manufacturer which bears the health warning required by law is prohibited. Any person under eighteen years of age who purchases or misrepresents such person's age to purchase an electronic nicotine delivery system or vapor product in any form or possesses such products in any public place shall be fined not more than for the first offense and -0 for each subsequent offense.

Note: The Tobacco and Health Trust Fund board makes recommendations on specific tobacco prevention and cessation activities the dollars available should be spent on, which are reviewed and approved by the legislature. The Commissioner of Revenue Services shall prepare a report on enforcement efforts undertaken to enforce youth access laws. Any dealer or distributor who has sold, given or delivered cigarettes or tobacco products to a minor, other than a minor who is delivering or accepting delivery in their capacity as an employee, or if their employee has done so, shall for a first offense be required to take the online education program as specified above, and will be subject to a civil penalty of 0 if they don't.

Any person who sells, gives, or delivers tobacco to a minor shall be fined not more than 0 for the first offense, 0 for a second offense within 18 months, and not more than 0 for each subsequent offense within 18 months. Any person who sells, gives or delivers to any person under 18 years of age an electronic nicotine delivery system or vapor product as defined, unless the minor is delivering or accepting delivery in such person's capacity as an employee, in any form shall be fined not more than 0 for the first offense, not more than 0 for a second offense and not more than 0 for each subsequent offense within an 18-month period.

Retailers in violation shall be punishable by a fine of not more than 0.

The transport of cigarettes by tobacco product manufacturers to anybody in the state is prohibited except to: 1) cigarette distributors and dealers; 2) an export warehouse proprietor or operator of a customs bonded warehouse; or 3) a person who is an officer, employee or agent of the United States Government, this state or a department, agency, instrumentality or political subdivision of the United States or of this state, when such person is acting in accordance with such person's official duties. Note: Some parts of this law may be affected by the U. Each retailer of cigarettes or tobacco products or employee of such retailer shall require a person who is purchasing or attempting to purchase cigarettes or tobacco products, whose age is in question, to exhibit proper proof of age. The licensed dealer or distributor shall be liable for any gift or delivery of tobacco to minors on their premises by any person conducting a promotion or advertisement.

New Hampshire Motor Transport Association, decided February 20, 2008. The Commissioner of Revenue Services may authorize a dealer or distributor to give or deliver any cigarette or tobacco product, in connection with the promotion or advertisement of such product without receiving monetary compensation from the person receiving the tobacco product, provided, the distribution is on the premises of a licensed dealer or at any event or establishment with an area limited to adult access only, the sample of cigarettes contains no less than two cigarettes, and the taxes on such cigarettes have been paid.