(A) It shall be unlawful for any person under the age of 19 years to possess any cigarettes or cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco products in any form. Any person charged with a violation of this section may be free from prosecution if he or she furnishes evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco.
(B) It shall not be unlawful for any person under the age of 19 years to:
(1) Possess cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco products under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home;
(2) Sell or handle any unopened container of cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco products in the course of his or her employment by a tobacco licensee; or
(3) Possess or purchase cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco products for the purpose of testing or enforcing compliance with statutes, laws or ordinances governing the sale of cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco products as long as law enforcement is conducting the compliance check.
(C) It shall be unlawful to sell, give, or furnish in any way any tobacco in any form whatever, or any cigarettes or cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under 19 years of age.
(D) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCT. Any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. ALTERNATIVE NICOTINE PRODUCT does not include any vapor product, cigarette, cigar, or other tobacco product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act.
ELECTRONIC NICOTINE DELIVERY SYSTEM. Any product or device containing nicotine, tobacco, or tobacco derivatives that employs a hearing element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to simulate smoking by delivering the nicotine, tobacco, or tobacco derivatives in vapor, fog, mist, gas, or aerosol form to a person inhaling from the product or device.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
(Ord. 1013, passed 2-10-2015; Ord. 1075, passed 2-12-2019; Ord. 1100, passed 1-14-2020)
Cross-reference:
Tobacco and cigarettes, see also Chapter 120
Statutory reference:
Tobacco use by minors, see Neb. RS 28-1419, 28-1421, and 28-1427