Florida Statutes 569.381 – Responsible retail nicotine products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption
Current as of: 2024 | Check for updates
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(1) It is the intent of the Legislature to prevent the sale of nicotine products to persons under 21 years of age and to encourage retail nicotine products dealers to comply with responsible practices in accordance with this section.
(2) To qualify as a responsible retail nicotine products dealer, the dealer must establish and implement procedures designed to ensure that the dealer’s employees comply with this part. The dealer must provide a training program for the dealer’s employees which addresses the use and sale of nicotine products and which includes at least the following topics:
(a) Laws covering the sale of nicotine products.
Terms Used In Florida Statutes 569.381
- Dealer: is synonymous with the term "retail nicotine products dealer. See Florida Statutes 569.31
- Division: means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. See Florida Statutes 569.31
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nicotine product: means any product that contains nicotine, including liquid nicotine, which is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means. See Florida Statutes 569.31
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Retail nicotine products dealer: means the holder of a retail nicotine products dealer permit. See Florida Statutes 569.31
- sale: means , in addition to its common usage meaning, any sale, transfer, exchange, barter, gift, or offer for sale and distribution, in any manner or by any means. See Florida Statutes 569.31
(b) Methods of recognizing and handling customers under 21 years of age.
(c) Procedures for proper examination of identification cards in order to verify that customers are not under 21 years of age.
(d) The use of the age audit identification function on electronic point-of-sale equipment, where available.
(3) In determining penalties under s. 569.35, the division may mitigate penalties imposed against a dealer because of an employee’s illegal sale of a nicotine product to a person under 21 years of age if the following conditions are met:
(a) The dealer is qualified as a responsible dealer under this section.
(b) The dealer provided the training program required under subsection (2) to that employee before the illegal sale occurred.
(c) The dealer had no knowledge of that employee’s violation at the time of the violation and did not direct, approve, or participate in the violation.
(d) If the sale was made through a vending machine, the machine was equipped with an operational lock-out device.
(4) The division shall develop and make available a model nicotine products training program designed to ensure adherence to this part by dealers and their employees which, if followed, will qualify dealers as responsible dealers.
(5) Dealers shall exercise diligence in the management and supervision of their premises and in the supervision and training of their employees, agents, or servants. In proceedings to impose penalties under s. 569.35, proof that employees, agents, or servants of the dealer, while in the scope of their employment, committed at least three violations of s. 569.41 during a 180-day period shall be prima facie evidence of a lack of due diligence by the dealer in the management and supervision of his or her premises and in the supervision and training of employees, agents, officers, or servants.
(6) The division may consider qualification as a responsible retail nicotine products dealer under this section as evidence that the dealer properly exercised the diligence required under this section.