Virginia

Clean Indoor Air

Public Places

Smoking shall be prohibited in elevators (except in any open material hoist elevator not intended for use by the public), public school buses, the interior of any public elementary, intermediate, and secondary school, hospital emergency rooms, local or district health departments, polling rooms, indoor service lines and cashier lines, public restrooms in any building owned or leased by the Commonwealth or any agency thereof, the interior of a licensed child day center that is not also used for residential purposes and public restrooms of health care facilities. The proprietor or other person in charge of an educational facility (except any public elementary, intermediate, or secondary school), health care facility or a retail establishment of 15,000 square feet or more serving the general public, shall designate reasonable no-smoking areas, considering the nature of the use and the size of the building. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2801 to 15.2-2810 (2002).

Any person who smokes or uses an open flame within 20 feet of a pump used to fuel motor vehicles or a fueling tanker being used to deliver gasoline to a gasoline station is guilty of a Class 3 misdemeanor if smoking or the use of an open flame is prohibited by a sign at the pump. Any person who causes a fire or explosion as a result of a violation of this section is guilty of a Class 1 misdemeanor.

VA. CODE ANN. § 46.2-819.4 (2007).

Government Buildings

By executive order, smoking is prohibited in offices and buildings occupied by executive branch agencies and institutions, including institutions of higher education. Smoking in correctional facilities shall be in accordance with guidelines set by the Director of the Department of Corrections; and smoking in state mental health and mental retardation facilities and in mental health units at state teaching hospitals shall be in accordance with guidelines set by the Commissioner of Mental Health, Mental Retardation, and Substance Abuse Services. Smoking is also prohibited in state-owned vehicles except smoking in state police vehicles shall be in accordance with policy set by the Superintendent of State Police.

2006 Exec. Order 41, effective 1/1/07.

Unless prohibited by executive order above, the commonwealth or any agency thereof and every locality shall provide reasonable no-smoking areas, considering the nature of the use and the size of the building, in any building owned or leased by the Commonwealth or any agency thereof or a locality. The provisions of this chapter shall not apply to office, work or other areas of the Department of Corrections which are not entered by the general public in the normal course of business or use of the premises. Smoking is prohibited in public restrooms in any building owned or leased by the Commonwealth or any agency thereof. Smoking is also prohibited in local/district health departments. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Schools

Smoking is prohibited in the interior of any public elementary, intermediate, and secondary school and in public school buses. The person(s) in charge of other educational facilities shall designate reasonable no-smoking areas, considering the nature of the use and the size of the building. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Child Care Centers

Smoking is prohibited in any child day care center that is not also used for residential purposes. This does not apply to any portion of a building not used by a child day care center. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Health Facilities

Smoking is prohibited in hospital emergency rooms and public restrooms of health care facilities. Reasonable no-smoking areas must be designated in other health care facilities, including hospitals and nursing homes. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Any person who smokes or uses an open flame within 25 feet of a medical oxygen source in a health care facility when the area is posted as an area where smoking and open flame are prohibited is guilty of a Class 2 misdemeanor.

VA. CODE ANN. § 18.2-511.1 (2007).

Restaurants

Restaurants: Any restaurant having a seating capacity of 50 or more persons shall have a designated no-smoking area sufficient to meet customer demand. In determining the extent of the no-smoking area, the following shall not be included as seating capacity: seats in any bar or lounge area of a restaurant and seats in any separate room or section of a restaurant which is used exclusively for private functions. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Bars: There is no legal distinction between restaurants and bars in Virginia, so establishments that are commonly known as bars may be subject to the restrictions on smoking listed above under “Restaurants.” Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2800 (2001), 15.2-2801 (2002) & 15.2-2803 (1997).

Penalties/Enforcement

The proprietor or other person in charge of a space subject to the restrictions on smoking in the Virginia Clean Indoor Air Act shall post signs conspicuous to public view stating “Smoking Permitted” or “No Smoking,” and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating “No-Smoking Section Available.” Failure to post the required signs or continuing to smoke in a non-smoking area after being asked not to is punishable by a civil penalty not to exceed $25. Any law-enforcement officer may issue a summons regarding a violation of the restrictions on smoking in public places. Unless specifically permitted, local ordinances adopted after January 1, 1990, shall not contain provisions or standards which exceed those established in this chapter.

VA. CODE ANN. §§ 15.2-2801 (2002), 15.2-2803 (1997) & 15.2 2808 (1997).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 30 cents

Date last changed: July 1, 2005 — from 20 cents to 30 cents

Year first enacted: 1960

VA. CODE ANN. § 58.1-1001 (2007).

Roll-your-own tobacco is now included in the definition of cigarette and 0.09 ounces of roll-your-own tobacco is the same as one cigarette. However, the excise tax on roll-your-own tobacco is still 10 percent of the manufacturers’ sales price.

VA. CODE ANN. § 58.1-1001 (2007).

All revenue generated by the cigarette tax is deposited into the Virginia Health Care Fund. Monies in the fund are used for the provision of health care services.

VA. CODE ANN. §§ 58.1-1018 & 32.1-367 (2004).

Other Tobacco Products

All other tobacco products: 10% of the manufacturers’ sales price.

VA. CODE ANN. § 58.1-1021.02 (2005).

All revenue generated by the other tobacco products tax is deposited into the Virginia Health Care Fund. Monies in the fund are used for the provision of health care services.

VA. CODE ANN. §§ 58.1-1021.05 (2005) & 32.1-367 (2004).

Revenue Collected

$171,057,000

Youth Access

Compliance/Enforcement

For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration (Synar Amendment) the Department of Agriculture and Consumer Services may promulgate regulations which allow the department to undertake the activities necessary to comply with such regulations.

VA. CODE ANN. § 18.2-371.2 (2003).

Photo ID: No person shall sell a tobacco product, including, but not limited to, cigarettes, cigars, bidis, and wrappings, to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 18 years of age. Such identification is not required from an individual whom the person has reason to believe is at least 18 years of age or who the person knows is at least 18 years of age.

VA. CODE ANN. § 18.2-371.2 (2003).

Penalties for Sales to Minors

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, cigars, bidis and wrappings. Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the individual was at least 18 years of age as required by law shall be a defense to any action brought under this subsection. Violation by an individual or a separate retail establishment, except for the sale of bidis, shall be punishable by a civil penalty not to exceed $100 for the first violation, up to $200 for a second violation and up to $500 for subsequent violations. If the retail establishment has a youth access training program, the court shall suspend all penalties. If the court finds that there is no training program then they may impose a penalty not to exceed $1,000.

VA. CODE ANN. § 18.2-371.2 (2003).

Penalties to Minors

No person less than 18 years of age shall purchase, attempt to purchase or possess any tobacco product, including but not limited to cigarettes, cigars, bidis and rolling papers. This shall not apply to the possession of tobacco products by a person less than 18 years of age making a delivery of tobacco products in pursuance of his employment. Violators shall be punishable by a civil penalty not to exceed $100 for the first violation, and $250 for subsequent violations. In lieu of the civil penalty, a judge may prescribe up to 20 hours of community service for a first violation and up to 40 hours of community service for a second violation.

VA. CODE ANN. § 18.2-371.2 (2003).

Sign Posting

Retail establishments that sell tobacco products shall post signs indicating that the sale of tobacco products to any person under the age of 18 is prohibited by law. Proprietors in violation of this requirement may be charged with a civil penalty not to exceed $50.

VA. CODE ANN. § 18.2-371.2 (2003).

Bidis

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 bidis. A violation by an individual or by a separate retail establishment that involves the sale, distribution or purchase of a bidi shall be punishable by a civil penalty in the amount of $500 for a first violation, $1,000 for a second violation, and $2,500 for a third or subsequent violation.

VA. CODE ANN. § 18.2-371.2 (2003).

Other Provisions

Internet Sales: No person shall mail, ship, or otherwise deliver cigarettes in connection with a delivery sale unless prior to the first delivery sale to a consumer such person complies with specific age verification requirements, including obtaining a certification from the prospective consumer and verifying the information in the certification; disclosure requirements; shipping requirements, including use of a delivery service that requires a signature to accept delivery and a photographic identification of the person accepting delivery; registration and reporting requirements; and tax collection requirements. A first violation of these provisions is a civil penalty of up to $1,000. A second and subsequent violation is a civil penalty of up to $10,000. Knowingly submitting a false certification is a civil penalty of $5,000 for each offense. Failure to collect or remit taxes is a civil penalty of up to five times the retail value of the cigarettes involved, in addition to any other penalty. The law also makes selling or possessing counterfeit cigarettes illegal, and prescribes penalties.

VA. CODE ANN. §§ 18.2-246.6 et seq. (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

No person shall distribute to any person less than 18 years of age, any tobacco product, including but not limited to cigarettes, cigars, bidis and wrappings. Violation is subject to the same penalties as selling tobacco products to minors. The affirmative defenses listed under “Penalties for Sales to Minors” are also available.

VA. CODE ANN. § 18.2-371.2 (2003).

Single Cigarettes

Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the required health warning. Violators are subject to a civil penalty not to exceed $50.

VA. CODE ANN. § 18.2-371.2 (2003).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines must be located in a place that is not open to the general public and is not generally accessible to minors. An establishment which prohibits the presence of minors unless accompanied by an adult is not open to the general public.

VA. CODE ANN. § 18.2-371.2 (2003).

Penalty

A violation of the restrictions on placement of tobacco product vending machines is subject to the same penalties as selling or distributing tobacco products to minors.

VA. CODE ANN. § 18.2-371.2 (2003).

Sign Posting

Where any tobacco product is sold from a vending machine notice shall also be posted on the machine in a conspicuous manner and place indicating that the purchase or possession of tobacco products by minors is unlawful. Violation by an individual or a separate retail establishment shall be subject to the same penalties provided for sale or distribution of tobacco products to minors.

VA. CODE ANN. § 18.2-371.2 (2003).

Licensing Requirements

Requirements

No person shall engage in the business of selling or dealing in tobacco products as a distributor without first having received a separate license from the Department of Taxation for each location or place of business. Each license, or a copy thereof, shall be prominently displayed on the premises covered by the license. No license shall be transferable to any other person. Distributor’s licenses are valid for a period of three years from the date of issue unless sooner revoked by the department.

VA. CODE ANN. §§ 58.1-1021.04:1 & 58.1-1021.04:2 (2006).

Fee

Each distributor’s license must be accompanied by a fee prescribed by the Department of Taxation.

VA. CODE ANN. § 58.1-1021.04:1 (2006).

Smoker Protection Laws

No employee of or applicant for employment with the Commonwealth or any of its political subdivisions shall be required, as a condition of employment, to smoke or use tobacco products on the job, or to abstain from smoking or using tobacco products outside the course of his employment, provided that this section shall not apply to specified classes of employees.

VA. CODE ANN. § 2.2-2902 (1989).

Tobacco Liability

Industry Protection

In any civil litigation under any legal theory, the amount of the appeal bond or irrevocable letter of credit to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief in order to stay the execution thereon during the entire course of appellate review by any courts shall be set in accordance with applicable laws or court rules, except that the total appeal bond or irrevocable letter of credit that is required of an appellant and all of its affiliates shall not exceed $25 million, regardless of the value of the judgment. If the appellee proves by a preponderance of the evidence that a party bringing an appeal, for whom the appeal bond or irrevocable letter of credit requirement has been limited or waived is purposefully dissipating its assets or diverting assets outside the jurisdiction of the United States courts for the purpose of evading the judgment, the limitation or waiver granted shall be rescinded and a court may require the appellant to post a bond or irrevocable letter of credit in an amount up to the full amount of the judgment.

VA. CODE ANN. § 8.01-676.1 (2000).

Tobacco Settlement

Tobacco Control Appropriations

Virginia allocated $12,700,000 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. $14,481,658 was allocated in FY2008. This is the first year of the FY2009-FY2010 biennium.

FY2009-FY2010 Biennial Budget (H.B. 30) enacted 5/9/08 and effective 7/1/08 (FY2009) & 7/1/09 (FY2010).

The Virginia Tobacco Settlement Fund was created. Ten percent of the Master Settlement Agreement monies are allocated to the fund, subject to the sale of this money to the Virginia Tobacco Settlement Foundation Endowment. The monies are used for the purposes of discouraging, eliminating or preventing the use of tobacco products by minors, including, but not limited to, educational and awareness programs on the health effects of tobacco use on minors and laws restricting the distribution of tobacco products to minors.

VA. CODE ANN. § 32.1-360 (2007).

The Virginia Health Care Fund was created into which shall be deposited 40 percent of the annual MSA payment. Monies deposited to the Fund shall be used solely for the provision of health care services. Health care services include, but are not limited to, Medicaid payments, disease diagnosis, prevention and control, and community health services.

VA. CODE ANN. §§ 32.1-366 & 32.1-367 (2004).

The Tobacco Indemnification and Community Revitalization Fund was also created. Fifty percent of the monies received from the Master Settlement Agreement shall be deposited into the fund subject to the sale of this money to the Tobacco Settlement Financing Corporation. If the sale occurs, all the investment income from the Tobacco Indemnification and Community Revitalization Endowment from the lump sum payment from the sale of this money shall be deposited in the Tobacco Indemnification and Community Revitalization Fund.

VA. CODE ANN. §§ 3.1-1109.1 & 3.1-1111 (2002).

Fifty percent of the Master Settlement Agreement strategic contribution payments were allocated to the Virginia Health Care Fund in 2008, 2009 and 2010.

H.B. 29 enacted and effective 4/11/08 and H.B. 30 enacted 5/9/08 and effective 7/1/08.

Non-Monetary Provisions

The Virginia Tobacco Settlement Foundation was created to assist in determining the appropriate recipients of monies in the Tobacco Settlement Fund. The foundation shall be administered by a board of governors consisting of twenty-three members, including five designated representatives from public health organizations, which can include the American Lung Association of Virginia.

VA. CODE ANN. §§ 32.1-355 to 32.1-357 (2000).

Securitization

Authorizes the governor to securitize 50 percent of revenues from the annual Master Settlement Agreement payments and creates the Tobacco Indemnification and Community Revitalization Endowment to receive the lump sum payment to the state. Also creates the Tobacco Settlement Financing Corporation and authorizes it to issue bonds all at once or from time to time backed by the 50 percent of MSA payments.

H.B. 698 enacted 4/4/02 and effective 7/1/02 & VA. CODE ANN. §§ 3.1-1111 (2004) & 3.1-1111.1 (2001).

Authorizes the governor to securitize the 10 percent of MSA payments that currently go to the Virginia Tobacco Settlement Foundation, and creates the Virginia Tobacco Settlement Foundation Endowment to receive the lump sum payment that would be received by the state. Also authorizes the Tobacco Settlement Financing Corporation to issue bonds backed by the 10 percent of MSA payments. To date this securitization has not occurred.

H.B. 3111 enacted 3/13/07 and effective 7/1/07 & VA. CODE ANN. §§ 32.1-360 & 32.1-361.1 (2007).

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