C.F.R. » Title 21 » CHAPTER I—FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER K—TOBACCO PRODUCTS › PART 1140—CIGARETTES, SMOKELESS TOBACCO, AND COVERED TOBACCO PRODUCTS › Subpart B—Prohibition of Sale and Distribution to Persons Younger Than 21 Years of Age

21 C.F.R. § 1140.14

Additional responsibilities of retailers

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(a) In addition to the other requirements under this part, each cigarette and smokeless tobacco retailer is responsible for ensuring that all sales of cigarettes or smokeless tobacco to any person comply with the following requirements:

(1) No retailer may sell cigarettes or smokeless tobacco to any person younger than 21 years of age;

(2)(i) Except as otherwise provided in paragraph (a)(2)(ii) of this section and in § 1140.16(c)(2)(i), each retailer must verify by means of photographic identification containing the bearer's date of birth that no person purchasing the product is younger than 21 years of age;

(ii) No such verification is required for any person over the age of 29;

(3) Except as otherwise provided in § 1140.16(c)(2)(ii), a retailer may sell cigarettes or smokeless tobacco only in a direct, face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine);

(4) No retailer may break or otherwise open any cigarette or smokeless tobacco package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the quantity in the minimum cigarette package size defined in § 1140.16(b), or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use; and

(5) Each retailer must ensure that all self-service displays, advertising, labeling, and other items, that are located in the retailer's establishment and that do not comply with the requirements of this part, are removed or are brought into compliance with the requirements under this part.

(b) Notwithstanding the requirements in paragraph (a) of this section and in addition to the other requirements under this part, each retailer of covered tobacco products is responsible for ensuring that all sales of such covered tobacco products to any person comply with the following requirements:

(1) No retailer may sell covered tobacco products to any person younger than 21 years of age;

(2)(i) Except as otherwise provided in paragraph (a)(2)(ii) of this section and in § 1140.16(c)(2)(i), each retailer must verify by means of photographic identification containing the bearer's date of birth that no person purchasing the product is younger than 21 years of age;

(ii) No such verification is required for any person over the age of 29; and

(3) A retailer may not sell covered tobacco products with the assistance of any electronic or mechanical device (such as a vending machine), except in facilities where the retailer ensures that no person younger than 21 years of age is present, or permitted to enter, at any time.

[81 FR 29103, May 10, 2016, as amended at 89 FR 70486, Aug. 30, 2024]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2018–2024 · leading case: Orton Motor, Inc. v. U.S. Dep't of Health & Human Servs., 884 F.3d 1205 (D.C. Cir. 2018).
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Orton Motor, Inc. v. U.S. Dep't of Health & Human Servs., 884 F.3d 1205 (D.C. Cir. 2018). · cites it 7× “21 C.F.R. § 1140.14 (a). Neither the statute nor the regulations explicitly states how violations are to be counted.”
Orton Motor, Inc. v. HHS (D.C. Cir. 2018). · cites it 7× “21 C.F.R. § 1140.14 (a). Neither the statute nor the regulations explicitly states how violations are to be counted.”
Midwest Petroleum Co. v. St Louis Cnty. (E.D. Mo. 2024). · cites it 2× “§ 333 (D)(8) and § 387f(d)(5), and 21 C.F.R. § 1140.14 (a).” (ECF No. 4 at 9).”
1701 Express, INC v. HHS (6th Cir. 2020). “” 21 C.F.R. § 1140.14 (b)(1). Furthermore, each retailer must verify the purchaser’s age “by means of photographic identification containing the bearer’s date of birth” unless that person is over the age of 26.”
Station Mgmt. Consultants v. HHS (3rd Cir. 2021). “§ 387f(d)(1) (providing that the Secretary may “by regulation require restrictions on the sale and distribution of a tobacco product”); 21 C.F.R. §§ 1140.14 (a)(1)–(2) (providing that “[n]o retailer may sell cigarettes or smokeless tobacco to any person younger than 18 years of…”
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