The Statute: North Dakota Century Code 12.1-31-03.3
12.1-31-03.3. Sale of flavored e-liquid to minors prohibited.
- A person is guilty of an offense if they knowingly:
- Sell or provide flavored e-liquid to individuals under twenty-one years of age.
- Flavored e-liquid includes:
- Any nicotine-containing liquid intended for use in electronic smoking devices with a flavor other than tobacco or menthol.
- Violations of this statute are classified as infractions.
Overview of the Prohibition
North Dakota law prohibits selling flavored e-liquid to individuals under twenty-one years of age. This statute aims to reduce youth access to nicotine products, particularly those marketed with flavors that appeal to minors.
Key Elements of the Offense
- Sale or Distribution: Applies to any transaction where flavored e-liquid is sold or provided to underage individuals.
- Knowledge Requirement: The seller must knowingly engage in the prohibited sale.
- Definition of Flavored E-Liquid: Includes any nicotine-containing liquid used in electronic smoking devices that has a non-tobacco, non-menthol flavor.
Penalties for Violations
Infractions
| Penalty Category | Details |
|---|---|
| Maximum Fine | $1,000 |
| Court Administration Fees | $125 |
| Criminal Record Impact | Infractions may be recorded but do not result in incarceration |
Real-Life Examples of Violations
- Improper Sale: A convenience store clerk sells strawberry-flavored e-liquid to a 19-year-old without verifying their age.
- Unregulated Retailers: An online retailer fails to implement age verification measures, allowing minors to purchase flavored e-liquid.
- Gift to a Minor: An adult purchases flavored e-liquid and provides it to an underage individual.
Defenses Against Charges
Verification of Age
If the seller verified the purchaser’s age through valid government-issued identification, this defense may negate the charge. Records of ID checks or surveillance footage can support this claim.
Lack of Knowledge
To establish guilt, the prosecution must prove the seller knowingly engaged in the transaction. Demonstrating that the seller was unaware of the purchaser’s age or intent can serve as a defense.
Product Misclassification
If the product sold does not meet the legal definition of flavored e-liquid, this defense may apply. For example, a nicotine-free liquid or one labeled as unflavored may not fall under the statute.
Procedural Errors
Procedural violations, such as improper evidence handling or failure to follow legal protocols during enforcement, may lead to dismissal of charges.
How a Lawyer Can Help
An attorney provides essential assistance in cases involving the sale of flavored e-liquid to minors. They can:
- Review Evidence: Identify weaknesses in the prosecution’s case, such as lack of intent or procedural errors.
- Develop Defenses: Present valid defenses, including age verification and product misclassification.
- Negotiate Outcomes: Seek reduced fines or alternative resolutions, such as educational programs for the retailer.
- Advocate in Court: Represent the seller’s rights during hearings or trials.
Frequently Asked Questions
What is flavored e-liquid?
Flavored e-liquid refers to any nicotine-containing liquid intended for use in electronic smoking devices that has a flavor other than tobacco or menthol.
Who is prohibited from purchasing flavored e-liquid?
Individuals under twenty-one years of age are prohibited from purchasing or possessing flavored e-liquid under this statute.
What are the penalties for selling flavored e-liquid to minors?
Violations are classified as infractions, punishable by fines of up to $1,000 and associated court fees.
Can retailers sell unflavored or menthol e-liquid to minors?
No. All nicotine-containing products are subject to the age restriction of twenty-one years, regardless of flavor.
How can I ensure compliance as a retailer?
Implement robust age verification measures, train employees on legal requirements, and maintain records of transactions.
Are online sales covered by this law?
Yes. Online retailers must adhere to the same requirements, including age verification, to prevent sales to minors.
Can I be charged if I unknowingly sold flavored e-liquid to a minor?
Lack of knowledge may serve as a defense if you can demonstrate reasonable efforts to verify the purchaser’s age.
What should I do if I receive a citation under this statute?
Consult an attorney to review the charges, gather evidence of compliance, and develop a defense strategy.
Are minors penalized for possessing flavored e-liquid?
While this statute addresses sales to minors, separate laws may impose penalties for possession by underage individuals.
Can fines be reduced for first-time offenders?
Courts may consider mitigating factors, such as lack of prior violations or prompt corrective action, when determining penalties.
How does this law compare to federal regulations?
This law aligns with federal regulations prohibiting the sale of tobacco and nicotine products, including flavored e-liquid, to individuals under twenty-one.
Are nicotine-free products covered by this law?
No. Nicotine-free products are not classified as flavored e-liquid under this statute, but other laws may apply.
Can vending machines dispense flavored e-liquid?
No. Vending machines dispensing flavored e-liquid must comply with restrictions, including placement in restricted-access locations.
What evidence can support a defense against charges?
Evidence may include records of ID checks, surveillance footage, employee training programs, and product labeling.
Can retailers lose their business licenses for repeated violations?
Yes. Repeated violations may result in regulatory actions, including fines, suspension, or revocation of business licenses.
How can I document compliance?
Maintain records of employee training, age verification measures, and product sales to demonstrate adherence to the law.
What role does intent play in these cases?
The prosecution must prove the seller knowingly engaged in the prohibited sale, making intent a critical element of the offense.
Why is legal representation important in these cases?
An attorney ensures your rights are protected, provides strategic defenses, and works to minimize the impact of penalties on your business.