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Kentucky · Snapshot 09/05/2026

KRS 438.325: Notice to employee of prohibitions -- Penalty.

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Where this section sits in the code
  1. KRS Chapter 438

(1) Each owner of a retail establishment selling or distributing tobacco products,

alternative nicotine products, or vapor products shall notify each individual

employed in the retail establishment as a retail sales clerk that the sale of tobacco

products, alternative nicotine products, or vapor products to any person under the

age of twenty -one (21) years and the purchase of tobacco products, alternative

nicotine products, or vapor products by any person under the age of twenty-one (21)

years are prohibited.

(2) Each owner of a retail establishment selling or distributing tobacco products,

alternative nicotine products, or vapor products shall notify each individual

employed in the retail establishment as a retail sales clerk that proof of age is

required from a prospective buyer or recipient if the person has reason to believe

that the prospective purchaser or recipient is under the age of twenty-one (21).

(3) The notice to employees that is required in subsection (1) of this section shall be

provided before the person commences work as a retail sales clerk, or, in the case of

a person employed as a retail sales clerk on March 26, 2020, within thirty (30) days

of that date. The employee shall signify receipt of the notice required by this section

by signing a form that states as follows:

"I understand that under the law of the Commonwealth of Kentucky it is illegal to

sell or distribute tobacco products, alternative nicotine products, or vapor products

to persons under the age of twenty -one (21) years and that i t is illegal for persons

under the age of twenty -one (21) years to purchase tobacco products, alternative

nicotine products, or vapor products."

(4) The owner of the retail establishment shall maintain the signed notice that is

required pursuant to subsect ion (3) of this section in a place and in a manner so as

to be easily accessible to any employee of the Department of Alcoholic Beverage

Control or the Department of Agriculture conducting an inspection of the retail

establishment for the purpose of monito ring compliance in limiting the sale or

distribution of tobacco products, alternative nicotine products, or vapor products to

persons under the age of twenty-one (21) as provided in KRS 438.305 to 438.350.

(5) Any owner of the retail establishment violatin g subsections (1) to (4) of this section

shall be subject to a fine of not less than one hundred dollars ($100) nor more than

five hundred dollars ($500) for each violation. The fine shall be administered by the

Department of Alcoholic Beverage Control in a civil enforcement procedure.

Collected 2026-09-05T20:59:52Z. Source file · JSON

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