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Cigar Rights in America Discussion of smokers' rights in all 50 states.

 
 
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Old 10-08-2016, 05:21 PM   #1
jeepdad
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Join Date: Dec 2013
Location: Stafford, VA
Posts: 949
I'm Not an Attorney

I was in my LCS over the weekend. My friend and owner said one of the new FDA regulations is that they must card (check IDs) of everyone that "looks" 27 or younger. So riddle me this?

1. The state of Virginia says: Code of Virginia 18.2-371.2: “No person shall sell to, distribute to, purchase for or knowingly permit the purchase by any person less than 18 years of age, knowing or having reason to believe that such person is less than 18 years of age, any tobacco product, including but not limited to cigarettes, ...

Does the FDA "regulation" supersede a state law?

2. Let's say an undercover FDA agent (do they have agents) is in my LCS and the owner does not card a guy that buys a box of sticks. Yet the customer is 18 or over. So the state says he is legal to buy cigars but since the owner failed to card him can he be penalized by the FDA? Seems it wouldn't hold up in court.

3. And isn't someone "looking" a certain age subjective?

4. The managers at my LCS are very conscientious businessmen/herfers and do card anyone looking too young to purchase tobacco products. But now it's getting stupid. They now have to card people they know are over 18.

Such bullshit....

--Dan

Last edited by jeepdad; 10-11-2016 at 10:27 AM.
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