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3 <br /> Attachment 1 Article 39. <br /> Protection of Minors. <br /> § 14-313. Youth access to tobacco products, tobacco-derived products, vapor products, <br /> and cigarette wrapping papers. <br /> (a) Definitions. - The following definitions apply in this section: <br /> (1) Distribute. - To sell, furnish, give, or provide tobacco products, including <br /> tobacco product samples or cigarette wrapping papers, to the ultimate <br /> consumer. <br /> (2) Proof of age. - A drivers license or other photographic identification that <br /> includes the bearer's date of birth that purports to establish that the person is <br /> 18 years of age or older. <br /> (3) Sample. - A tobacco product distributed to members of the general public at <br /> no cost for the purpose of promoting the product. <br /> (3a) Tobacco-derived product. - Any noncombustible product derived from <br /> tobacco that contains nicotine and is intended for human consumption, <br /> whether chewed, absorbed, dissolved, ingested, or by other means. This term <br /> does not include a vapor product or any product regulated by the United <br /> States Food and Drug Administration under Chapter V of the federal Food, <br /> Drug, and Cosmetic Act. <br /> (4) Tobacco product. - Any product that contains tobacco and is intended for <br /> human consumption. For purposes of this section, the term includes a <br /> tobacco-derived product, vapor product, or components of a vapor product. <br /> (5) Vapor product. - Any noncombustible product that employs a mechanical <br /> heating element, battery, or electronic circuit regardless of shape or size and <br /> that can be used to heat a liquid nicotine solution contained in a vapor <br /> cartridge. The term includes an electronic cigarette, electronic cigar, <br /> electronic cigarillo, and electronic pipe. The term does not include any <br /> product regulated by the United States Food and Drug Administration under <br /> Chapter V of the federal Food, Drug, and Cosmetic Act. <br /> (b) Sale or distribution to persons under the age of 18 years. - If any person shall <br /> distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette <br /> wrapping papers to any person under the age of 18 years, or if any person shall purchase <br /> tobacco products or cigarette wrapping papers on behalf of a person under the age of 18 years, <br /> the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be <br /> unlawful to distribute tobacco products or cigarette wrapping papers to an employee when <br /> required in the performance of the employee's duties. Retail distributors of tobacco products <br /> shall prominently display near the point of sale a sign in letters at least five-eighths of an inch <br /> high which states the following: <br /> N.C. LAW STRICTLY PROHIBITS <br /> THE PURCHASE OF TOBACCO PRODUCTS, TOBACCO-DERIVED PRODUCTS, <br /> VAPOR PRODUCTS, AND CIGARETTE WRAPPING PAPERS <br /> BY PERSONS UNDER THE AGE OF 18. <br /> PROOF OF AGE REQUIRED. <br /> Failure to post the required sign shall be an infraction punishable by a fine of twenty-five <br /> dollars ($25.00) for the first offense and seventy-five dollars ($75.00) for each succeeding <br /> offense. <br /> A person engaged in the sale of tobacco products or cigarette wrapping papers shall demand <br /> proof of age from a prospective purchaser if the person has reasonable grounds to believe that <br /> the prospective purchaser is under 18 years of age. Failure to demand proof of age as required <br /> by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 <br />