To order printed brochures with the information provided below, call the Tennessee Grocers & Convenience Store Association at 800-238-8742 or 615-889-0136. The brochures are free for TGCSA members.

On June 14, 1999, a new state law added oversight of tobacco sales to include the Tennessee Department of Agriculture and school principals in addition to law enforcement officers.

The law also requires anyone selling or distributing tobacco products to demand proof of age "if an ordinary person would conclude on the basis of appearance that the purchaser is less than 27 years of age."

This new law requires employers to provide training and requires employees to sign an Agreement of Understanding. Therefore, if a sale is made, the employee that sold the tobacco product will be charged with a violation and subject to fines.

We understand how difficult it is to "guess" a customer's age. Therefore, if a customer purchasing tobacco does not look at least 27 years old, please ask him or her politely to provide adequate identification to protect yourself and the store from breaking the law.

Tennessee has required you to be 18 years of age to purchase cigarettes for several years. Smokeless tobacco and smoking paraphernalia (cigarette papers, pipes, water pipes, cigarette holders and anything that holds tobacco to burn so the user can smoke it) were added to this list in 1986. Public awareness and more stringent enforcement have escalated the incidents of citations to clerks who break this law.

If there are any questions, please consult your supervisor.

A person that sells or offers to sell smoking material or smokeless tobacco products to a person less than 18 years of age is subject to a fine of $2,500. Three such occurrences will result in that person being barred from selling tobacco for five years from the date of the last conviction.

Effective July 1, 1986 a person must be 18 years of age to purchase smoking paraphernalia (cigarette papers, pipes, water pipes, cigarette holders and anything that holds tobacco to burn so the user can smoke it). A person selling smoking paraphernalia to a person less than 18 years of age is subject to a fine of $50 and 30 days in jail.

An employee who has signed an agreement of understanding before the sale and is cited by a law enforcement official for selling tobacco products to a minor is subject to:

Tennessee Department of Agriculture Inspection

Any employee who has signed an agreement of understanding before the sale and is cited for selling tobacco products to a minor by the Tennessee Department of Agriculture during an inspection is subject to fines between $500 and $1,500.

Store owners are responsible for providing training to the store's employees concerning the provisions of the law. As a part of the training, each employee is required to sign an Agreement of Understanding prior to selling tobacco products. This agreement, along with a sworn statement by the employers or manager that the employee signed the agreement before the sale, will likely eliminate penalties against the store owner or manager during the first or second violation and will be considered in respect to the penalties against the owner or manager during the third violation.

An appeal for any violation must be filed within 30 days of receiving the assessment.

Each person who sells tobacco at retail must post a sign no smaller than 9.35 square inches to ensure that it will be read at each point of sale. It should state the following:

STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO OR SMOKING PARAPHERNALIA TO PERSONS LESS THAN EIGHTEEN (18) YEARS OF AGE. PROOF OF AGE MAY BE REQUIRED.

Age Requirements

Effective July 1, 1986 a person must be 18 to purchase smoking materials, smoking paraphernalia (cigarette papers, pipes, water pipes, cigarette holders and anything that holds tobacco to burn so the user can smoke it) or smokeless tobacco.

It is illegal to sell tobacco products to a person of legal age that intends to give or sell the products to a minor.

There are no minimum age requirements to ring, scan or collect money for the sale of tobacco or tobacco paraphernalia as long as the employee is under supervision of another employee that is at least 21 years of age.

When in Doubt, Check That I.D.

If you have any reason to believe that a customer who wants to buy tobacco is less than the minimum age requirement, you must ask for proof of age. Only official identification that shows the person's date of birth may be accepted (Drivers License, Tennessee I.D. License, Tennessee Hand Gun Permit, Military I.D. Card, U.S. Passport and U.S. Immigration Card).

• Acceptable forms of identification include the person's Drivers License, Tennessee I.D. License, Tennessee Hand Gun Permit, Military I.D. Card, U.S. passport and U.S. Immigration Card.

• When a customer shows you a Military I.D., U.S. Immigration Card or U.S. Passport, be sure to:

• Check that the I.D. has not been altered or tampered with.

• Compare the photo on the I.D. to the customer and make sure there is a reasonable match.

• Make sure the physical characteristics such as eye color, height and weight stated on the I.D. match those of the customer.

• Ask to see a second form of identification to verify the information.

The following forms of identification can be used to verify information on a U.S. Passport, U.S. Immigration Card or Military Identification Card:

These cards cannot be used as the only proof of age. They may only be used to verify information on other primary forms of I.D. 

• Do not accept copies of birth certificates as proof of age. These certificates have no identifying photo and are easy to alter.

• Do not accept printed identification cards that can be purchased with a photograph. The person may have given false information (especially the birth date) when the card was being prepared.

• Do not accept any I.D. that looks like it has been altered or tampered with.

How to Check a Customer's I.D.

When a customer is using a Tennessee Driver's License, check the following:

1. Check the birth year to make sure it has not been altered in any way (erased, typed over, smudged or cut out and replaced, etc.).

2. Compare the photo on the license to the person. There should be a reasonable match.

3. See that the physical description on the card matches the person's appearance.

In August 1996, Tennessee began issuing new drivers licenses and identification licenses. These documents have a new look and provide a number of safety features.

To verify the drivers license validity, check the following:

• The license should contain a randomly placed holographic overlay, that includes the word "TENNESSEE," and the State Seal.

• A "ghost image" (a smaller, lighter duplicate portrait) should appear on the license.

• Below the blue line at the bottom of the license, there should be the words "State of Tennessee" written microscopically multiple times in a row.

• Organ donor information should be found on the back of the license.

• The new license are dominantly blue in color.

• A license for a person under 21 will have:

• "Under 21" to the left of the license number

• "Under 21 until (birth date)" written in red under the social security number

If for any reason the identification is not satisfactory, do not make the sale. However, even if you believe the I.D. is false, you must return it to the customer. Only a law enforcement officer can take it away from the person.

If the customer gets upset, explain to him or her that it is your company's policy to ask for I.D. when the customer appears 27 years of age or less. If the customer remains upset or becomes uncooperative, offer to let him or her talk to your store manager or supervisor as soon as possible.

Remain calm and polite. However, do not let yourself be harassed into making a sale if you are not completely satisfied that the customer meets the minimum age requirement.

If a customer cannot or will not provide proper proof of age and identification once you have asked for it, DO NOT MAKE THE SALE under any circumstances.

Cigarettes and smokeless tobacco must be sold in their original sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.

Suggested Employee's Agreement of Understanding

The owner or manager of a store that sells tobacco products at retail must provide training to the store's employees concerning the law. As a part of this training, each employee shall, prior to selling tobacco products at retail, sign a statement containing substantially the following words:

As part of the condition of my employment by _______________, I understand and agree to the following rules about the sale of tobacco.

I understand that the law prohibits the sale of tobacco products to persons less than 18 years of age and that the law requires me to obtain proof of age from a prospective purchaser of tobacco products who, based on appearance, might be a sold as 26 years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law.

If an employee makes an illegal sale and has signed the agreement before the sale took place, he/she is subject to the penalties under the law.