Connecticut

Clean Indoor Air

Public Places

Smoking is prohibited in many public places, specifically including: state and local government buildings; any area of a health care institution; any area of a retail food store; any restaurant; any bar/tavern; within a school building while school is in session or student activities are being conducted; any passenger elevator; in any dormitory of any public or private institution of higher education; and any dog racing track or off track betting facility. Exemptions include: 1) correctional facilities; 2) designated smoking areas in psychiatric facilities; 3) public housing projects; 4) classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson; 5) smoking rooms provided by employers pursuant to section 31-40q Connecticut General Statutes, 6) outdoor areas of restaurants subject to certain conditions; and 7) tobacco bars as defined. The operator of a hotel, motel or similar lodging may allow guests to smoke in not more than 25 percent of their rooms. Nothing in this section shall be construed to require any smoking area in any building. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Smoking is prohibited in buses and railroad cars unless a special compartment of such vehicle is designated as a smoking area. Violation of this section is an infraction.

CONN. GEN. STAT. § 53-198 (1985).

Government Buildings

No person shall smoke in any building or portion of any building owned or leased and operated by the state or any political subdivision thereof. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Private Workplaces

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. Signs shall be posted to clearly designate the boundaries of each nonsmoking area. In the areas within the business facility where smoking is permitted, existing physical barriers and ventilation systems shall be used to the extent practicable to minimize the effect of smoking in adjacent nonsmoking areas. Each employer with five or more employees shall prohibit smoking in any business facility under said employer’s control, except that an employer may designate one or more smoking rooms. Each employer that provides a smoking room shall provide sufficient nonsmoking break rooms for nonsmoking employees. Each smoking room designated by an employer shall be located in a non-work area where no employee, as part of their work responsibilities, is required to enter, and such room shall be for the use of employees only. Nothing in this section may be construed to prohibit an employer from designating an entire business facility as a nonsmoking area. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 31-40q (2003).

Schools

Smoking is prohibited in school buildings when school is in session or student activities are being conducted. Exempt are classrooms where demonstration smoking is taking place as part of a medical or scientific experiment or lesson. No person shall smoke in any dormitory in any public or private institution of higher education. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

No passenger or employee shall possess a lighted cigarette while traveling upon or engaged in the operation of a school bus.

CONN. GEN. STAT. § 53-198 (1985).

Child Care Centers

Smoking is prohibited in all child day care centers or group day care homes and outdoor areas, except in designated smoking areas. Smoking areas must be enclosed, properly ventilated, and away from any children present at the day care facility. Signs must be posted at the entrance stating that smoking is prohibited except in designated areas.

CT ADMIN CODE § 19a-79-7(d)(6) (1993).

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. The provider shall make it known in advance if smoking will be occurring in the facility to parents who are considering placing their children in the provider’s care. The provider shall also ensure that all cigarettes, cigars, pipes, ashes, butts, lighters and matches are kept out of the reach of children.

CT ADMIN CODE § 19a-87b-9 (1993).

Health Facilities

No person shall smoke in any area of a health care institution. Smoking is restricted to designated areas in psychiatric facilities. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Restaurants

Restaurants: No person shall smoke in any indoor area of a restaurant. An exemption is made for the outdoor portion of the restaurant, provided, in the case of any seating area maintained for the service of food at least 75 percent of the outdoor seating capacity is an area in which smoking is prohibited. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Bars: Smoking is prohibited in bars. 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. “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. The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Penalties/Enforcement

In each room, elevator, area or building in which smoking is prohibited by this section, the person in control of the premises shall post or cause to be posted in a conspicuous place signs stating that smoking is prohibited by state law. Violation of laws prohibiting smoking in public places or failure to post the required signs is an infraction. This law preempts municipal laws and ordinances regarding smoking effective prior to, on, or after October 1, 1993.

CONN. GEN. STAT. § 19a-342 (2003).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $2.00

Date last changed: July 1, 2007 — from $1.51 to $2.00

Year first enacted: 1935

CONN. GEN. STAT. § 12-296 (2007).

Sales and use tax will no longer be imposed on specially formulated gum, inhalants, or similar products designed to aid in the cessation of a smoking habit.

CONN. GEN. STAT. § 12-412-108 (2000).

Other Tobacco Products

Snuff: 40 cents per ounce of snuff and a proportionate tax at the like rate on all fractional parts of an ounce;

All other tobacco products: 20% of the wholesale sales price

CONN. GEN. STAT. § 12-330(c) (2000).

Revenue Collected

$254,242,000

Youth Access

Compliance/Enforcement

The Commissioner of Revenue Services shall prepare a report on enforcement efforts undertaken to enforce youth access laws. Such report shall include the number of unannounced inspections conducted by the commissioner, a summary of enforcement actions taken pursuant to said sections and an assessment of the progress made in the previous fiscal year in reducing the availability of tobacco products to minors.

CONN. GEN. STAT. § 12-315a (1998).

Photo ID: 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. If a person fails to provide such proof of age, such retailer or employee shall not sell cigarettes or tobacco products to the person. As used in this section, “proper proof” means a motor vehicle operator’s license, a valid passport or an identity card.

CONN. GEN. STAT. § 53-344a (1992).

Penalties for Sales to Minors

Any person employed by a dealer or distributor who sells, gives, or delivers tobacco in any form to a minor, other than a minor who is delivering or accepting delivery in his capacity as an employee, shall be assessed a civil penalty by the Commissioner of Revenue Services not more than $200 for the first offense and $250 for subsequent offenses within 18 months. 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 his capacity as an employee, or if their employee has done so, shall be assessed a civil penalty of $350 for the first violation, $750 for the second violation within 18 months, and a fine of $750 and license suspension for at least 30 days for the third offense within 18 months.

CONN. GEN. STAT. § 12-295a(b&c) (2007).

If the owner of an establishment where a cigarette vending machine is located has sold, given or delivered or allowed to be sold, given or delivered tobacco products to a minor, other than a minor who is delivering or accepting delivery in his capacity as an employee, from that machine they are subject to the same civil penalties as dealers of tobacco products above, except on a third violation within 18 months, the vending machine will be immediately removed from the establishment, and may not be placed there again for a period of one year.

CONN. GEN. STAT. § 12-295a(d) (2007).

Any person who sells, gives, or delivers tobacco to a minor shall be fined not more than $200 for the first offense, $350 for a second offense within 18 months, and not more than $500 for each subsequent offense within 18 months. A seller or seller’s agent or employee may perform a transaction scan to check the validity of a driver’s license or identity card presented by a cardholder as a condition for selling, giving away, or otherwise distributing tobacco to the cardholder. It is an affirmative defense to prosecution if all the following occurred: A card holder attempting to purchase tobacco products presented an official piece of identification; a transaction scan of the ID indicated that it was valid; tobacco products were sold or given away in reasonable reliance upon the ID presented and the completed scan. However, this does not excuse the seller from exercising reasonable diligence to determine whether the person attempting to purchase tobacco products is 18 years of age or older and whether the description and picture appearing on the ID presented by a card holder is that of the card holder.

CONN. GEN. STAT. § 53-344 (2001).

Penalties to Minors

Any minor who purchases tobacco products or misrepresents their age to purchase tobacco products shall be fined not more than $50 for the first offense and $50 to $100 for subsequent offenses.

CONN. GEN. STAT. § 53-344 (2001).

If the Commissioner of Revenue Services finds, after a hearing, that a minor has purchased cigarettes or tobacco products, the commissioner shall assess such minor a civil penalty of not more than $100 for the first violation and not more than $150 for any subsequent offenses.

CONN. GEN. STAT. § 12-295a(a) (2007).

Sign Posting

Signs must be posted and maintained at each point of sale stating that it is illegal to sell or give tobacco products to minors and illegal for minors to purchase tobacco products or misrepresent their age to do so. Retailers in violation shall be punishable by a fine of not more than $100.

CONN. GEN. STAT. § 12-286a (2007).

Other Provisions

Internet Sales: Bans the transport of cigarettes by tobacco product manufacturers to anybody in the state except cigarette distributors and dealers; an export warehouse proprietor or operator of a customs bonded warehouse; or 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. A common or contract carrier is barred from transporting cigarettes to a residential dwelling and anybody who is not reasonably believed to be one of the above persons. Persons selling cigarettes shall require, as a condition of delivery, that the customer who is receiving the cigarettes shall sign an acknowledgment of receipt and provide proper proof of age. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor and, for a second or subsequent violation, shall be guilty of a class D felony.

CONN. GEN. STAT. § 12-285c (2003).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

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. The licensed dealer or distributor shall be liable for any gift or delivery of tobacco to minors on his premises by any person conducting a promotion or advertisement.

CONN. GEN. STAT. § 12-314a (1996).

Single Cigarettes

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. Violation is subject to a civil penalty of $50 for a first offense, $250 for a second offense and $500 for the third and subsequent offenses. The license to sell tobacco products may also be suspended or revoked.

CONN. GEN. STAT. § 12-314 (2001).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

No cigarettes may be dispensed from any machine other than a cigarette vending machine or a restricted cigarette vending machine. A cigarette vending machine may be placed only in an area, facility or business which is accessible to adults only or may be placed in an area frequented by persons of all ages provided the machine is placed in an area accessible to adults only.

CONN. GEN. STAT. § 12-289a (1996).

Penalty

Violation of the restrictions on the placement of vending machines is subject to a civil penalty of $250 for a first violation and $500 for a second violation within 18 months. A third violation within 18 months is subject to a civil penalty of $500 and removal of the vending machine for a period of one year.

CONN. GEN. STAT. § 12-289a (1996).

Sign Posting

Notice must be posted and maintained on the front of each vending machine and restricted vending machine stating that it is illegal to sell or give tobacco products to minors and it is illegal for minors to purchase tobacco products or misrepresent their age to do so. Violation is punishable by a fine of not more than $100.

CONN. GEN. STAT. § 12-286a (1996).

Licensing Requirements

Requirements

Dealers (retailers), distributors, including vending machine operators and manufacturers who sell cigarettes must be licensed by the Commissioner of Revenue Services. All licenses are renewable annually unless suspended or revoked. Any person who knowingly sells, offers for sale or possesses with intent to sell any cigarettes, without a license, shall be fined not more than $500 or imprisoned for not more than three months, or both, for each offense. Each day of such unauthorized operation may be deemed a separate offense. Any person who fails to secure or renew a license shall forfeit as a penalty for each day of operation without such license the sum of $5.

CONN. GEN. STAT. §§ 12-285b (2004), 12-286 (2000), 12-287 (1993), 12-288 (1993) & 12-291a (1993).

Distributors who deal in tobacco products other than cigarettes must also be licensed by the Commissioner of Revenue Services. The license must be displayed on the premises covered by the license.

CONN. GEN. STAT. § 12-330b (1990).

Fee

$25 annually for a dealer’s license (includes persons operating fewer than 25 cigarette vending machines); $1,000 each year for a distributor’s license (includes persons operating 25 or more cigarette vending machines); $5,000 for a manufacturer’s license. For distributors who sell cigarettes as a distributor exclusively to retail stores which such distributor is operating the fee is $250 to $1,000 annually depending on the number of retail stores operated. For distributors of tobacco products other than cigarettes the fee is $100.

CONN. GEN. STAT. §§ 12-285b (2004), 12-287 (1993), 12-288 (1993) & 12-330b (1990).

License Suspension for Sales to Minors

The Commissioner of Revenue Services may suspend the license of any dealer or distributor for not less than 30 days for a third violation of selling or distributing tobacco products to minors, following a hearing.

CONN. GEN. STAT. § 12-295a (2007).

Smoker Protection Laws

No employer or agent of any employer shall require, as a condition of employment that any employees or prospective employees refrain from using tobacco products outside the course of his employment, or otherwise discriminate with respect to compensation, terms, conditions or privileges of employment. Any nonprofit organization or corporation whose primary purpose is to discourage use of tobacco products by the general public shall be exempt from the provisions of this section.

CT GEN. STAT. ANN. § 31-40s (2003).

Product Disclosure

The Commissioner of Public Health shall adopt regulations that specify the manner in which said commissioner shall obtain information from public sources concerning the nicotine yield ratings for each brand of tobacco product including, but not limited to, cigarettes, sold or offered for sale in this state.

CONN. GEN. STAT. § 19a-74a (1999).

Tobacco Liability

Industry Protection

Note: No appeal bond is required to appeal monetary judgments in lawsuits.

Tobacco Settlement

Tobacco Control Appropriations

The Connecticut Tobacco and Health Trust Fund Board of Trustees allocated $7,412,456 for tobacco control and prevention programs for FY 2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. No state money was allocated for tobacco control and prevention programs in FY2008.

Allocation made by decision of theTobacco and Health Trust Fund Board of Trustees, see their FY2009 report, issued 10/08.

A Tobacco Settlement Fund was created where all annual Master Settlement Agreement payments are deposited. In FY2002, and each fiscal year thereafter, $12 million is dedicated to the Tobacco and Health Trust Fund, $4 million is dedicated to the Biomedical Research Trust Fund, an unspecified amount each year to the general fund, and any remainder to the Tobacco and Health Trust Fund. In addition to the above, in FY2005, and each fiscal year thereafter, $100,000 is appropriated to the Department of Revenue Services and $25,000 is appropriated to the office of the Attorney General for the enforcement of MSA complimentary enforcement legislation and in FY2008 to FY2015, $10 million is transferred to the Stem Cell Research Fund.

CONN. GEN. STAT. § 4-28e (2004).

A Tobacco and Health Trust Fund was created, which consists of money transferred from the Tobacco Settlement Fund, and money from various other sources. The trust fund is administered by a board of 17 trustees, except the board’s duties were suspended during FY2004 and FY2005. In FY2009 and each fiscal year thereafter, the board may recommend authorization of disbursement for such purposes of up to one-half of the annual disbursement from the Tobacco Settlement Fund to the Tobacco and Health Trust Fund from the previous fiscal year, pursuant to section 4-28e, up to a maximum of $6 million per fiscal year, and the net earnings from the principal of the trust fund from the previous fiscal year.

CONN. GEN. STAT. § 4-28f (2008).

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