Amends existing law to revise provisions regarding the sale of cigars.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 817
BY HEALTH AND WELFARE COMMITTEE
AN ACT	1
RELATING TO TOBACCO PRODUCTS; AMENDING SECTION 39-5702, IDAHO CODE, TO DE-	2
FINE TERMS; AMENDING SECTION 39-5704, IDAHO CODE, TO REVISE PROVISIONS	3
REGARDING PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES	4
RETAILERS; AMENDING SECTION 39-5706, IDAHO CODE, TO REVISE PROVISIONS	5
REGARDING VENDOR-ASSISTED SALES; AMENDING SECTION 39-5707, IDAHO CODE,	6
TO REVISE PROVISIONS REGARDING OPENED PACKAGES AND SAMPLES; AMENDING	7
SECTION 39-5717, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES; AMEND-	8
ING SECTION 39-8421, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE;	9
AMENDING SECTION 56-227F, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-	10
ENCE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	11
Be It Enacted by the Legislature of the State of Idaho:	12
SECTION 1. That Section 39-5702, Idaho Code, be, and the same is hereby	13
amended to read as follows:	14
39-5702. DEFINITIONS. The terms used in this chapter are defined as	15
follows:	16
(1) "Business" means any company, partnership, firm, sole proprietor-	17
ship, association, corporation, organization, or other legal entity, or a	18
representative of the foregoing entities.	19
(2) "Cigar-related products" means products intended for use with	20
cigars, including but not limited to humidors, cutters, lighters, and natu-	21
ral tobacco leaves or wraps used for the manual rolling of cigars.	22
(2) (3) "Delivery sale" means to distribute tobacco products or elec-	23
tronic smoking devices to a consumer in a state where either:	24
(a) The individual submits the order for such sale by means of a	25
telephonic or other method of voice transmission, data transfer via	26
computer networks, including the internet and other online services, or	27
facsimile, or the mails; or	28
(b) The tobacco products or electronic smoking devices are delivered by	29
use of the mails or a delivery service.	30
(3) (4) "Delivery service" means any person who is engaged in the com-	31
mercial delivery of letters, packages or other containers.	32
(4) (5) "Department" means the state department of health and welfare	33
or its duly authorized representative.	34
(6) "Designated cigar garden" means a temporary, outdoor, physically	35
enclosed, or roped-off area at a public or private event that is strictly re-	36
stricted to persons twenty-one (21) years of age or older.	37
(5) (7) "Distribute" means to give, deliver, sell, offer to give, offer	38
to deliver, offer to sell or cause any person to do the same or hire any person	39
to do the same.	40
(6) (8) "Location" means the street address where tobacco or electronic	41
smoking device products are sold or the uniform resource locator for retail-	42

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2
ers who sell tobacco or electronic smoking products exclusively via the in-	1
ternet.	2
(7) (9) "Minor" means a person under twenty-one (21) years of age.	3
(8) (10) "Minor-exempt permit" means a permittee location whose rev-	4
enues from the sale of alcoholic beverages for on-site consumption comprises	5
at least fifty-five percent (55%) of total revenues, or whose products and	6
services are primarily obscene, pornographic, profane, or sexually ori-	7
ented, is exempt from inspections assisted by a minor, if minors are not	8
allowed in the location and such prohibition is posted clearly on all en-	9
trance doors.	10
(11) "Mobile cigar retailer" means a business permitted under this	11
chapter that exclusively sells or distributes cigars and cigar-related	12
products from a non-fixed, mobile unit, including but not limited to a motor	13
vehicle or trailer.	14
(9) (12) "Permit" means a permit issued by the department for the sale or	15
distribution of tobacco products or electronic smoking devices.	16
(10) (13) "Permit endorsement" means a sale or delivery method used by	17
the permittee to sell tobacco or electronic smoking device products, includ-	18
ing delivery sales, delivery service, and direct sales.	19
(11) (14) "Permittee" means the holder of a valid permit for the sale or	20
distribution of tobacco products or electronic smoking devices.	21
(12) (15) "Photographic identification" means state, district, terri-	22
torial, possession, provincial, national or other equivalent government	23
driver's license, identification card or military card, in all cases bearing	24
a photograph and a date of birth, or a valid passport.	25
(13) (16) "Random, unannounced inspection" means an inspection of re-	26
tail outlets by a law enforcement agency or by the department, with or with-	27
out the assistance of a minor, to monitor compliance of this chapter.	28
(14) (17) "Seller" means the person who physically sells or distributes	29
tobacco products or electronic smoking devices.	30
(15)(a) (18)(a) "Tobacco product or electronic smoking device" means:	31
(i) Any substance containing, made of, or derived from tobacco	32
or nicotine that is intended for human consumption or is likely to	33
be consumed, whether inhaled, absorbed, or ingested by any other	34
means, including but not limited to cigarettes, cigars, pipes,	35
snuff, smoking or chewing tobacco, snus, tobacco papers, or smoke-	36
less tobacco;	37
(ii) Any electronic smoking device that may be used to deliver an	38
aerosolized or a vaporized substance to the person inhaling from	39
the device, including but not limited to an electronic cigarette,	40
an electronic cigar, an electronic pipe, a vape pen, or an elec-	41
tronic hookah, or any component, part, or accessory of such a	42
device, or any substance intended to be aerosolized or vaporized	43
during use of the device, whether or not the substance contains	44
nicotine, or any heated or lighted device intended to be used for	45
inhalation; or	46
(iii) Any components, parts, or accessories of a tobacco product	47
or an electronic smoking device, whether or not they contain to-	48
bacco or nicotine, including but not limited to filters, rolling	49
papers, blunt or hemp wraps, and pipes, whether manufactured,	50

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3
distributed, marketed, or sold as an electronic cigarette, elec-	1
tronic cigar, electronic hookah, or vape pen, or under any other	2
product name or descriptor.	3
(b) The term "tobacco product or electronic smoking device" does not	4
include drugs, devices, or combinations of products authorized for sale	5
by the United States food and drug administration as those terms are de-	6
fined in the federal food, drug, and cosmetic act.	7
(16) (19) "Vending machine" means any mechanical, electronic, or other	8
similar device that, upon the insertion of tokens, money or any other form of	9
payment, dispenses tobacco products or electronic smoking devices.	10
(17) (20) "Vendor-assisted sales" means any sale or distribution in	11
which the customer has no access to the product except through the assistance	12
of the seller.	13
(18) (21) "Without a permit" means a business that has failed to obtain a	14
permit or a business whose permit is suspended or revoked.	15
SECTION 2. That Section 39-5704, Idaho Code, be, and the same is hereby	16
amended to read as follows:	17
39-5704. PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES	18
RETAILERS. (1) It shall be unlawful to sell or distribute or offer tobacco	19
products or electronic smoking devices for sale or distribution at retail	20
or to possess tobacco products or electronic smoking devices with the in-	21
tention of selling at retail without having first obtained a tobacco product	22
or electronic smoking device permit from the department, which shall be the	23
only retail tobacco product or electronic smoking device permit or license	24
required. Provided however, this section shall not be deemed to require a	25
wholesaler or manufacturer's representative or employees who, in the course	26
of their employment, stock shelves and replenish tobacco products or elec-	27
tronic smoking devices at a permittee's place of business to obtain a permit.	28
(2) The department shall administer the permitting of tobacco product	29
or electronic smoking device retailers and shall be authorized to ensure	30
compliance with this chapter.	31
(3)(a) Permits shall be issued annually for each permanent business lo-	32
cation to ensure compliance with the requirements of this chapter. A	33
copy of signage required by this chapter, and any other materials deemed	34
necessary shall be provided with each permit issued.	35
(b) Permits for each mobile cigar retailer shall be issued annually to	36
a specific mobile unit identified by a vehicle identification number	37
or other unique serial number. A single permit shall authorize the re-	38
tailer to operate at various temporary locations throughout the state.	39
(4) A separate permit must be obtained for each place of business or mo-	40
bile unit and is nontransferable to another person, business, or location.	41
(5) The applicant shall select one (1) or more permit endorsements and	42
make the permit available upon request.	43
(6) A permittee may display a sign in each location within a place of	44
business where tobacco products or electronic smoking devices are sold or	45
distributed. A sign may be clearly visible to the customer and the seller and	46
shall state: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS OR ELECTRONIC	47
SMOKING DEVICES TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS. PROOF OF	48
AGE REQUIRED. ANYONE WHO SELLS OR DISTRIBUTES TOBACCO PRODUCTS OR ELECTRONIC	49

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SMOKING DEVICES TO A PERSON UNDER THE AGE OF TWENTY-ONE (21) YEARS IS SUBJECT	1
TO STRICT FINES AND PENALTIES. PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS	2
ARE SUBJECT TO FINES AND PENALTIES."	3
(a) For a mobile cigar retailer, the sign described in this subsection	4
and required permit shall be permanently affixed to the interior or ex-	5
terior of the mobile unit in a location readily visible to patrons.	6
(b) When performing on-site cigar rolling services or operating a	7
designated cigar garden at various temporary locations, the permittee	8
shall display temporary signage at the specific point of distribution	9
or entry. Such signage shall be clearly visible to both the customer and	10
the seller and include the language provided in this subsection.	11
(7) Permittees are responsible to educate employees as to the require-	12
ments of this chapter and retain forms signed by each employee stating that	13
the employee understands such requirements.	14
(8) It shall be unlawful for the permittee to allow employees who are	15
minors to sell or distribute tobacco products or electronic smoking devices,	16
except as provided in this subsection. Employees who are minors may possess	17
but not sell or distribute tobacco products or electronic smoking devices	18
in the course of employment, for such duties as stocking shelves or carrying	19
purchases to customers' vehicles, and employees who are eighteen (18) years	20
to twenty (20) years of age may sell or distribute tobacco products or elec-	21
tronic smoking devices in the course and scope of their employment.	22
(9) A permit shall be closed when the permittee closes the business, no	23
longer sells tobacco or electronic smoking device products, moves to a dif-	24
ferent physical location, or sells the business.	25
(10) A permit shall be revoked when it is determined that a permit was	26
fraudulently obtained to avoid penalties on an existing permit.	27
(11) All permits expire annually at midnight on December 31 unless re-	28
newed. The department shall mail notice of renewal for permits at least	29
ninety (90) days prior to expiration.	30
SECTION 3. That Section 39-5706, Idaho Code, be, and the same is hereby	31
amended to read as follows:	32
39-5706. VENDOR-ASSISTED SALES. (1) It shall be unlawful to sell or	33
distribute tobacco products or electronic smoking devices by any means other	34
than vendor-assisted sales where the customer has no access to the product	35
except through the assistance of the seller.	36
(2) It shall be unlawful to sell or distribute tobacco products or elec-	37
tronic smoking devices from vending machines or self-service displays.	38
(3) Stores with tobacco products or electronic smoking devices com-	39
prising at least seventy-five percent (75%) of total merchandise are exempt	40
from requiring vendor-assisted sales if minors are not allowed in the store	41
and such prohibition is posted clearly on all entrance doors.	42
(4) This section shall not apply to a permitted mobile cigar retailer	43
or designated cigar garden provided that the mobile unit or designated cigar	44
garden is strictly restricted to persons twenty-one (21) years of age or	45
older and is under the continuous supervision of the permittee or the permit-	46
tee's employee.	47

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SECTION 4. That Section 39-5707, Idaho Code, be, and the same is hereby	1
amended to read as follows:	2
39-5707. OPENED PACKAGES AND SAMPLES. (1) It shall be unlawful to sell	3
or distribute tobacco products or electronic smoking devices for commercial	4
purposes other than in the federally required sealed package provided by the	5
manufacturer with all the required warning labels and health warnings.	6
(2) It shall be unlawful to sell or distribute tobacco products or elec-	7
tronic smoking devices for free or below the cost of such products to the	8
sellers or distributors of the products for commercial or promotional pur-	9
poses to members of the general public in public places or at public events.	10
(3) The requirements for original sealed manufacturer packaging and	11
the prohibition against free distribution shall not apply to a mobile cigar	12
retailer providing on-site cigar rolling or experiential services at a pri-	13
vate or public event restricted to persons of twenty-one (21) years of age or	14
older, provided that:	15
(a) The products distributed consist only of cigars or natural tobacco	16
leaves for on-site rolling; and	17
(b) The host of a private event has purchased the products at full re-	18
tail price for distribution to guests or the consumer has purchased the	19
product directly.	20
SECTION 5. That Section 39-5717, Idaho Code, be, and the same is hereby	21
amended to read as follows:	22
39-5717. SHIPPING REQUIREMENTS -- TOBACCO PRODUCTS OR ELECTRONIC	23
SMOKING DEVICES. Each permittee who mails or ships tobacco products or	24
electronic smoking devices in connection with a delivery sale order shall	25
include as part of the shipping documents a clear and conspicuous statement	26
providing as follows:	27
TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES: IDAHO LAW PRO-	28
HIBITS SHIPPING TO INDIVIDUALS UNDER THE AGE OF TWENTY-ONE (21)	29
YEARS AND REQUIRES THE PAYMENT OF TAXES PURSUANT TO CHAPTER 25, TI-	30
TLE 63, IDAHO CODE. PERSONS VIOLATING THIS LAW MAY BE CIVILLY AND	31
CRIMINALLY LIABLE.	32
Anyone who delivers any such container distributes tobacco products or	33
electronic smoking devices as defined in section 39-5702(5), Idaho Code, and	34
is subject to the terms and requirements of this chapter. If a permittee tak-	35
ing a delivery sale order also delivers the tobacco products or electronic	36
smoking devices without using a third-party delivery service, the permittee	37
shall comply with all the requirements of vendor-assisted sales as defined	38
in section 39-5702(17), Idaho Code.	39
SECTION 6. That Section 39-8421, Idaho Code, be, and the same is hereby	40
amended to read as follows:	41
39-8421. DEFINITIONS. As used in sections 39-8420 through 39-8425,	42
Idaho Code:	43
(1) The definitions set forth in section 39-8402, Idaho Code, of the	44
Idaho tobacco master settlement agreement complementary act, and in this	45
section, apply to sections 39-8420 through 39-8425, Idaho Code.	46

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(2) "Cigarette rolling machine" means any machine or device that has	1
the capability to produce at least one hundred fifty (150) cigarettes in less	2
than thirty (30) minutes.	3
(3) "Cigarette rolling machine operator" means any person who owns or	4
leases or otherwise has available for use a cigarette rolling machine and	5
makes such a machine available for use by another person in a commercial	6
setting in order to manufacture a cigarette. No person shall be deemed a	7
cigarette rolling machine operator based solely upon that person's manufac-	8
ture, sale, enabling, disabling, or repair of a cigarette rolling machine.	9
(4) "Minor" has the same meaning as that term is defined in section	10
39-5702(7), Idaho Code.	11
(5) "Person" means natural persons, corporations both foreign and do-	12
mestic, trusts, partnerships both limited and general, incorporated or un-	13
incorporated associations, companies, business entities, and any other le-	14
gal entity, or any other group associated in fact although not a legal en-	15
tity.	16
(6) "Tobacco products" means any substance that contains tobacco,	17
including but not limited to cigarettes, cigars, pipes, snuff, smoking to-	18
bacco, tobacco papers, or smokeless tobacco.	19
SECTION 7. That Section 56-227F, Idaho Code, be, and the same is hereby	20
amended to read as follows:	21
56-227F. PUBLIC ASSISTANCE BENEFIT CARDS -- PROHIBITED USES. (1) Any	22
recipient of public assistance is prohibited from using public assistance	23
benefit cards or cash obtained with public assistance benefit cards:	24
(a) For the purpose of participating in any of the activities described	25
under chapters 38 and 49, title 18, Idaho Code, or authorized pursuant	26
to any state-tribal gaming compact under section 67-429A, Idaho Code;	27
(b) For the purpose of pari-mutuel betting authorized under chapter 25,	28
title 54, Idaho Code;	29
(c) To purchase lottery tickets or shares authorized under chapter 74,	30
title 67, Idaho Code;	31
(d) For the purpose of participating in or purchasing tattoo, branding	32
or body piercing services as defined in section 18-1523, Idaho Code;	33
(e) To purchase cigarettes as defined in section 39-7802(d), Idaho	34
Code, or tobacco products or electronic smoking devices as defined in	35
section 39-5702(15), Idaho Code;	36
(f) To purchase any items regulated under title 23, Idaho Code;	37
(g) For the purpose of adult entertainment at venues with performances	38
that contain sexually oriented material where minors under the age of	39
eighteen (18) years are prohibited; or	40
(h) For the purpose of purchasing or participating in any activities in	41
any location listed in subsection (2) of this section.	42
(2) The following businesses are required to comply with the provisions	43
of this section:	44
(a) Any establishment or business licensed under chapter 9, title 23,	45
Idaho Code;	46
(b) State liquor stores defined under section 23-902, Idaho Code, with	47
the exception of special distributors as referenced in chapter 3, title	48
23, Idaho Code;	49

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(c) Any business or agency that issues or underwrites bail bonds as de-	1
fined in section 41-1038(3), Idaho Code;	2
(d) Gambling establishments licensed under Idaho law;	3
(e) Any business or establishment that offers tattoo, body piercing or	4
branding services as defined in section 18-1523, Idaho Code;	5
(f) Adult entertainment venues with performances that contain sexually	6
oriented material where minors under the age of eighteen (18) years are	7
prohibited; and	8
(g) Any establishment where persons under the age of eighteen (18)	9
years are not permitted.	10
(3) The department shall notify any business determined to be in viola-	11
tion of the provisions of subsection (2) of this section and the licensing	12
authority of any such business, if applicable, that such business has con-	13
tinued to allow the use of a public assistance benefit card in violation of	14
subsection (2) of this section. The department may require the Idaho quest	15
electronic benefits transfer (EBT) card business identification number	16
(BIN) be disabled at any business found to be in violation of subsection (2)	17
of this section. Any business in violation of subsection (2) of this section	18
may also be required to deny all public assistance cash transactions made	19
with an Idaho quest EBT card at any automated teller machine (ATM) located	20
in their establishment. All costs associated with disabling the BIN and ATM	21
will be the responsibility of such business owner.	22
(4) Only the recipient, an eligible member of the recipient's house-	23
hold or the recipient's authorized representative may use a public assis-	24
tance benefit card or the benefit, and such use shall only be for the re-	25
spective benefit program purposes. The recipient shall not sell, attempt to	26
sell, exchange or donate a public assistance benefit card or any benefits to	27
any other person or entity.	28
(5) A violation of subsection (1) or (4) of this section by a recipient	29
constitutes a misdemeanor.	30
(a) The department shall notify all recipients of public assistance	31
benefit cards that any violation of subsection (1) or (4) of this sec-	32
tion could result in legal proceedings and forfeiture of all cash public	33
assistance.	34
(b) Whenever the department has confirmed that a person has violated	35
subsection (1) or (4) of this section, the department shall notify the	36
person in writing that the violation could result in legal proceedings	37
and forfeiture of all cash public assistance.	38
(6) As used in this section, "public assistance" or "public assistance	39
benefit" means benefits provided to a recipient pursuant to the temporary	40
assistance for families in Idaho (TAFI) program on an Idaho quest EBT card	41
account.	42
(7) This section shall be enforced by the director of the department of	43
health and welfare in cooperation with local law enforcement and prosecuting	44
agencies.	45
SECTION 8. An emergency existing therefor, which emergency is hereby	46
declared to exist, this act shall be in full force and effect on and after	47
July 1, 2026.	48

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