SLATI State Information: Connecticut

Connecticut

Smoking Restrictions
Tobacco Taxes
Tobacco Control Program Funding
Laws Restricting Youth Access to Tobacco Products
Tobacco Product Samples/Minimum Sales Amounts for Tobacco Products
Sales of Tobacco Products from Vending Machines
Licensing Requirements for Tobacco Products
Smoking Protection Laws
Advertising & Promotion
Product Disclosure
Divestment
Liability
Use of Tobacco Settlement Dollars
Fire Safety Standards for Cigarettes
Preemption
Activity


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Smoking Restrictions

Overall Summary of Smoking Restrictions

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. Nothing in this section shall be construed to require any smoking area in any building.

CONN. GEN. STAT. §§ 19a-342 & 31-40q (2003); and CT ADMIN CODE §§ 19a-79-7(d)(6) & 19a-87b-9 (1993).

Exceptions to the Law

Exceptions to the law 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.

CONN. GEN. STAT. § 19a-342 (2003).

Stronger Local Laws on Smoking

Stronger local laws/ordinances further restricting smoking are specifically not allowed, see below.

The provisions of the state law restricting smoking 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 & 31-40q (2003).

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.

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.

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.
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 Facilities

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 Care Facilities

No person shall smoke in any area of a health care institution. Smoking is restricted to designated areas in psychiatric facilities.

CONN. GEN. STAT. § 19a-342 (2003).

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.

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.

CONN. GEN. STAT. § 19a-342 (2003).

Other State Smoking Restrictions and Provisions

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).

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.

CONN. GEN. STAT. § 19a-342 (2003).

Tobacco Taxes

Tax on Cigarettes

Tax rate per pack of 20: $3.40
Date last changed: July 1, 2011 -- from $3.00 to $3.40
Year first enacted: 1935
CONN. GEN. STAT. § 12-296 (2011).

Note: The definition of 'cigarette' include what are often referred to as little cigars weighing under 3 lbs. per thousand.
CONN. GEN. STAT. §§ 12-285 & 12-296 (2011).

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).

Use of Cigarette Tax Revenue - Summary

Revenues from the state cigarette tax are distributed to the state general fund and subject to appropriation by the legislature.

Taxes on Other Tobacco Products

Snuff: $1.00/oz. and a proportionate rate on all fractional parts of an ounce;
Cigars: 50% of the wholesale sales price except the tax shall not exceed 50 cents per cigar;
All other tobacco products: 50% of the wholesale sales price.

CONN. GEN. STAT. § 12-330(c) (2011).

Use of Other Tobacco Products Tax Revenue - Summary

Revenue from state taxes on tobacco products other than cigarettes are distributed to the state general fund and subject to appropriation by the legislature.

Revenue Collected from Cigarette Taxes

Revenue collected in Fiscal Year 2012 (July 1, 2011 to June 30, 2012): $408,272,000

Tobacco Control Program Funding

Source of funding

State funding for Connecticut's tobacco control programs/initiatives comes from annual Master Settlement Agreement payments.

State Funding Details

Connecticut allocated $5,997,000 for tobacco prevention and cessation programs in FY2013 (July 1, 2012 to June 30, 2013). In FY2012, no money was allocated.

S.B. 1239, sect. 47 enacted 5/4/11 and effective 7/1/11.

Funding for Tobacco Control Programs

FY2012 State Funding for Tobacco Control Programs: $5,997,000

FY2012 Federal Funding for State Tobacco Control Programs: $1,835,179*

FY2012 Total Funding for State Tobacco Control Programs: $7,832,179

Funding Level Recommended by CDC: $43,900,000

Percentage of CDC-Recommended Level: 17.8%

*Includes regular and supplemental quitline funding from the Centers for Disease Control and Prevention and state youth access contract funding from the U.S. Food and Drug Administration.

Laws Restricting Youth Access to Tobacco Products

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).

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 their capacity as an employee, shall be assessed a civil penalty by the Commissioner of Revenue Services of 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 their 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 their 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).

Sign Posting Requirements

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).

Purchase/Possession of Tobacco Products by 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).

Placement of Tobacco Products

No state law/regulation.

Internet Sales of Tobacco Products

The transport of cigarettes by tobacco product manufacturers to anybody in the state is prohibited except to: 1) cigarette distributors and dealers; 2) an export warehouse proprietor or operator of a customs bonded warehouse; or 3) 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.

State Preemption of Local Youth Access Laws

No specific provision concerning preemption in state law; local communities are allowed to pass stronger laws/ordinances further restricting youth access to tobacco products.

Photo Identification Requirements to Buy Tobacco Products

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).

Minimum Age to Sell Tobacco Products to Minors

18

Tobacco Product Samples/Minimum Sales Amounts for Tobacco Products

Tobacco Product 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 their premises by any person conducting a promotion or advertisement.

CONN. GEN. STAT. § 12-314a (1996).

Minimum Tobacco Products Sales Amounts

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).

State Preemption of Local Samples Laws

No specific provision concerning preemption in state law; local communities are allowed to pass stronger laws/ordinances further restricting sampling and minimum sales amounts of tobacco products.

Sales of Tobacco Products from Vending Machines

Vending Machine 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).

Penalties for Vending Machine Violations

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 Requirements for Vending Machines

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 (2007).

State Preemption of Local Vending Machine Laws

No specific provision concerning preemption in state law; local communities are allowed to pass stronger laws/ordinances further restricting placement of and the required sign posting on tobacco product vending machines.

Licensing Requirements for Tobacco Products

Overall Summary of Licensing 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, except a person whose dealer's license has been expired for no more than 90 days, who knowingly sells, offers for sale or possesses with intent to sell any cigarettes or taxed tobacco products, 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 whose dealer's license has expired for no more than 90 days and who knowingly sells at retail, offers for sale at retail or possesses with intent to sell at retail any cigarettes or taxed tobacco products is an infraction subject to a $90 fine. 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 (2009), 12-286 (2011), 12-287 (2009), 12-288 (2009) & 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 (2009).

License Fees

Dealers/Retailers (includes persons operating fewer than 25 cigarette vending machines): $50 annually;
Distributors: (includes persons operating 25 or more cigarette vending machines): $1,000 annually;
For distributors who sell cigarettes as a distributor exclusively to retail stores which such distributor is operating the fee is $315 to $1,250 annually depending on the number of retail stores operated;
Distributors of tobacco products other than cigarettes: $200 annually.

CONN. GEN. STAT. §§ 12-285b, 12-287, 12-288 & 12-330b (2009).

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).

License Required for Retailers of Cigarettes

Yes

License Required for Retailers of Other Tobacco Products

No

License Required for Wholesalers/Distributors of Cigarettes

Yes

License Required for Wholesalers/Distributors of Other Tobacco Products

Yes

Smoking Protection Laws

Smoking Protection Law

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 their 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).

Advertising & Promotion

Advertising & Promotion

No state law/regulation.

Product Disclosure

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).

Divestment

Divestment

No state law/regulation.

Liability

Tobacco Industry Liability

No state law/regulation.

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

Use of Tobacco Settlement Dollars

Use of Tobacco Settlement Dollars - Summary

All of Connecticut's annual Master Settlement Agreement payments are deposited in a Tobacco Trust Fund. Most of the money is transferred to the state general fund from there, but a portion of the money goes to several funds, including the Tobacco and Health Trust Fund where any funding for tobacco prevention programs is allocated from.

CONN. GEN. STAT. §§ 4-28e (2005) & 4-28f (2008).

Use of Tobacco Settlement Dollars - Detailed Information

A Tobacco Settlement Fund was created where all annual Master Settlement Agreement (MSA) 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 (2005).

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).

Fire Safety Standards for Cigarettes

Law Setting Fire Safety Standard for Cigarettes

To help prevent cigarette-caused fires, on and after July 1, 2008, no holder of a cigarette manufacturer's license shall sell cigarettes, or offer cigarettes for sale, to consumers within Connecticut, whether directly or through a distributor, dealer, or similar intermediary or intermediaries, unless such cigarettes shall: (1) Have been tested in accordance with the test method and meet the performance standard specified in section 29-418 Connecticut General Statutes; (2) have been listed in a written certification submitted to the Office of the State Fire Marshal in accordance with section 29-419 Connecticut General Statutes; and (3) be sold in packages marked in accordance with section 29-421 Connecticut General Statutes.

CONN. GEN. STAT. §§ 29-416 to 29-423 (2008).

Penalties for Fire Safety Violations

The Commissioner of Revenue Services may suspend or revoke the holder's cigarette manufacturer's license for violation of the above requirements setting a fire safety standard for cigarettes in the same manner as provided in section 12-295 of the Connecticut General Statutes for the suspension or revocation of the license of a dealer or distributor. Civil penalties apply to specific violations of reporting requirements as well.

CONN. GEN. STAT. §§ 29-416 to 29-423 (2008).

Preemption

Summary of all Preemptive Tobacco Control Laws

Any stronger local laws/ordinances further restricting smoking enacted after October 1, 1993 are not allowed.

Activity

Recent Legislative Activity

Tobacco Control Program Funding: Allocated $5,997,000 for tobacco prevention and cessation programs in FY2013.
S.B. 1239 enacted 5/4/11 and effective 7/1/11 (FY2012) and 7/1/12 (FY2013) & H.B. 5557 enacted 6/8/12 and effective 7/1/12; Allocation decision for FY2013 made by Tobacco and Health Trust Fund board.