Chapter 17. Restrictions on Tobacco Smoking.
Subchapter I. General.
§ 7–1701. Findings and purpose.
(a) The Council of the District of Columbia finds that the inhalation of concentrated smoke resulting from the smoking of tobacco in facilities in which the public congregates is a clear danger to health and a cause of inconvenience and discomfort to persons present in such facilities.
(b) The purpose of this subchapter is to protect the public health, comfort, and environment by prohibiting smoking in certain facilities, vehicles, and restaurants open to or used by the general public and to protect children from exposure to the use of tobacco products by prohibiting their use in event sites for organized sporting events
(c) Except to the extent that § 8 of D.C. Law 3-22 modifies the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216], this subchapter is intended to complement the provisions of Part 2 of those regulations and the provisions of §§ 35-251 to 35-254, which regulate public conduct on public passenger vehicles. It is not the intent of this subchapter to derogate in any manner from the provisions of the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216] or from § 35-251(b)(1).
§ 7–1702. Definitions.
For the purpose of this subchapter:
(1) “Bus stop” means a location that has been designated by a pole and appropriate signage as a place where passengers board a bus.
(1A) “Educational facility” means any enclosed indoor area used primarily as a library or for instruction of enrolled students, including day care centers, nursery schools, elementary schools, and secondary schools, except smoking lounges or specific smoking areas approved by the principal or president of the school, college, or university pursuant to guidelines established by the Board of Education, in the case of a public school, or by the trustees or other governing body, in the case of a college, university, or private educational institution. The term “educational facility” shall include all enclosed indoor areas supportive of instruction, including, but not limited to, classrooms, cafeterias, study areas and libraries, but excluding faculty lounges and specific areas approved by the principal of a given school pursuant to guidelines established by the Superintendent of Schools or the head of such private institutions.
(1B) "Event site for organized sporting events" means the entire physical area of a site that is designed for hosting organized sporting events, such as a stadium or arena, and includes all open, semi-open, and enclosed spaces and structures within the site, such as playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, recreational areas, press boxes, television and radio broadcasting booths, and stadium parking lots.
(2) “Health care facility” means any institution providing individual care or treatment of diseases or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, clinics, laboratories, nursing homes or homes for the aged or chronically ill, but excluding private medical offices.
(3) “Mayor” means the Mayor of the District of Columbia or "his or her designated agent.
(3A) "Organized sporting events" means games or athletic competitions related to baseball, softball, football, basketball, ice hockey, field hockey, track and field, wrestling, boxing, lacrosse, or soccer, or any other event involving a game or athletic competition organized by a league or association of persons, including a professional, amateur, youth recreational, or school-sponsored league.
(4) “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which the health and safety laws of the District of Columbia may be applied.
(4A) “Playground” means a public or private facility intended primarily for recreation and not for residential use, with a portion of the facility that contains at least one separate apparatus intended for the recreation of children, including a sliding board, swing set, and teeterboard.
(4B) “Public recreational facility” means a park, dog park, trail, community facility, playground, swimming pool, spray park, neighborhood recreation center, or other similar facility that is owned or maintained by the District.
(5) “Restaurant” means a restaurant as defined in § 25-101(43), and any other establishments licensed by the District of Columbia in the business of preparing or serving food to the public. The term “restaurant” shall include coffee shops, cafeterias, luncheonettes, eateries, and soda fountains. The term “restaurant” shall not include sidewalks, terraces, or space used by restaurants to provide outdoor facilities, nightclubs, or taverns.
(6) “Retail store” means any establishment whose primary purpose is to sell or offer for sale to consumers, not for resale, any goods, wares, merchandise or food for consumption off the premises, and all activities, operations and services connected therewith or incidental thereto. The term “retail store” shall not include separate areas of a retail store which are used as a restaurant.
(7) "Smoking" or "to smoke" means the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.
(8) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device, as that term is defined in § 7-741.01(1). The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. § 301 et seq.).
§ 7–1703. Smoking restrictions.
(a) Smoking shall be prohibited in the following:
(1) Any elevator, except in a single-family dwelling;
(2) Any public selling area of a retail store, except in a tobacco shop or store primarily concerned with selling tobacco and smoking equipment;
(3) Any public assembly or hearing room which is owned or leased by any branch, agency, or instrumentality of the District of Columbia government; this subsection shall not apply to the District of Columbia National Guard Armory ;
(4) Any educational facility except as provided in § 7-1702(1A);
(5) While transporting passengers within the corporate limits of the District of Columbia, any passenger vehicle owned or operated by the District of Columbia government, or any passenger vehicle for hire regulated under § 47-2829;
(6) Any area of a health care facility frequented by the general public, including hallways, waiting rooms and lobbies. The operator of a health care facility may designate separate areas as smoking areas.
(A) When a health care facility permits patients to smoke in bed space areas, such facility shall make a reasonable effort to determine a patient’s individual nonsmoking or smoking preference and assign patients who are to be placed in bed space areas utilized by 2 or more patients to a bed space area with patients who have a similar smoking preference.
(B) Hospital staff, visitors and the general public shall not smoke in bed space areas utilized by nonsmoking patients. “No Smoking” signs shall be conspicuously posted in such bed space areas.
(7) Any restaurant except as permitted in § 7-1703.01.
(8) Any public or private workplace, except as provided in § 7-1703.02.
(9) In a playground or public recreational facility or while sitting or standing within 25 feet of the property line of a playground or public recreational facility when another person is present; provided, that the following shall be exempt from this prohibition:
(A) Smoking or using tobacco on residential property that is located within 25 feet of a playground or public recreational facility; and
(B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that are located within 25 feet of a playground or public recreational facility.
(10) In a bus stop or while sitting or standing within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District when another person is present; provided, that the following shall be exempt from this prohibition:
(A) Smoking or using tobacco on residential property that is located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District; and
(B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that are located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District.
(b) The use of tobacco products shall be prohibited at event sites for organized sporting events at all times, regardless of their present use.
§ 7–1703.01. Designated nonsmoking areas in restaurants; new construction and major renovation to existing restaurants; smoking areas.
(a) Except as provided in subsection (b) of this section, the owner, manager, or person in charge of any restaurant having a seating capacity of 50 or more shall designate at least 25% of the total seating capacity as a nonsmoking area. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served.
(b) Any new construction for the purpose of establishing a restaurant or major renovation, performed on or after March 29, 1988, to an existing restaurant, which has a seating capacity of 50 or more, shall contain a nonsmoking area that is at least 50% of the total seating capacity. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served. In accordance with § 7-1705(c), the Mayor shall define the term “major renovation”.
(c)(1) In areas where smoking is permitted pursuant to any provision of this subchapter, physical barriers or separate rooms may be used to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. Ventilation shall be in compliance with the District of Columbia laws and rules governing indoor ventilation.
(2) No area shall be designated as a smoking area where smoking is prohibited by the Fire Marshal or by other District of Columbia laws or rules.
(3) Smoking areas shall comply with all laws and rules of the District of Columbia.
§ 7–1703.02. Regulation of smoking in any District of Columbia workplace.
(a) Any private or public employer in the District of Columbia (“District”) shall, within 3 months of May 2, 1991, adopt, implement, and maintain a written smoking policy that contains the following provisions:
(1) Designation of an area in the workplace where smoking may be permitted. In an area where smoking is permitted, a physical barrier or a separate room shall be used to minimize smoke in any nonsmoking area. Ventilation shall be in compliance with the District laws and rules that govern indoor ventilation.
(2) Notification to employees orally and in writing by conspicuously posting the employer’s smoking policy within 3 weeks after the smoking policy is adopted. Any person in the workplace shall be subject to the posted smoking policy of the employer.
(b) The designation of a smoking area in the workplace affects employment relations and shall be a subject of collective bargaining in accordance with § 1-617.08(b).
(c) Nothing in the Smoking Regulation Amendment Act of 1990 shall be construed to prevent the owner or person in charge of a building or any part of a building from prohibiting smoking throughout the building or in any part of the building over which she or he has control.
§ 7–1703.03. Prohibition of employment discrimination on the basis of tobacco use.
(a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this subchapter or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications.
(b) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall have a private cause of action against the person. An employee or applicant for employment shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes, to resolve a violation of subsection (a) of this section, prior to commencing a civil action.
(c) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall be entitled to recover any damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.
§ 7–1703.04. No smoking within 25 feet of property signs.
(a) A property owner or ground-floor commercial tenant has the authority to post signs on his or her property stating that smoking or the use of tobacco products is not permitted on public space within a specified distance from and abutting the building wall. That distance shall not be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less.
(b) An authorized sidewalk café shall not be subject to a no-smoking sign posted pursuant to this section unless the sign has been posted by, or with the consent of, the owner or operator of the sidewalk café.
(c) The penalties in § 7-1721.06 shall not apply to this section.
§ 7–1704. “No Smoking” signs.
(a) In any place, elevator, or vehicle in which smoking is prohibited, the owner, manager, or person in charge of the place, elevator, or vehicle shall post or cause to be posted signs that read, “No Smoking Under Penalty of Law”, “No Smoking Except in Smoking Areas”, or “Smoking in Accordance With Employer’s Smoking Policy Only”. In any place, elevator, or vehicle where smoking is restricted, the sign shall include the following warning: “Smoking causes lung cancer, heart disease, emphysema, and may cause fetal injury, premature birth, and low birth weight in pregnant women.” Signs posted shall clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number in a manner that gives notice to the public of the applicable law.
(a-1) In a public recreational facility, the Director of the Department of Parks and Recreation shall post or cause to be posted signs that read “No Smoking. Need to quit? Contact the D.C. Quitline at 1-800-Quit-Now (784-8669).”
(a-2) In a private playground, the owner, manager, or individual or entity responsible for maintaining the private playground shall post or cause to be posted signs that read “No Smoking. Need to quit? Contact the D.C. Quitline at 1-800-Quit-Now (784-8669).”
(a-3) In any event site for organized sporting events, the owner, lessee, manager, operator, or person in charge of the event site for organized sporting events shall post or cause to be posted signs that read, "No Use of Tobacco Products." Signs posted shall clearly state the maximum fine for a violation of this subchapter. Signs shall be visible to the public at every entrance to the event site for organized sporting events and in all dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, bathrooms, vendor areas, press boxes, and television and radio broadcast booths.
(b) Where smoking is prohibited pursuant to this subchapter all signs posted shall include the internationally recognized no smoking symbol. Where smoking is restricted pursuant to this subchapter all signs posted shall include the internationally recognized smoking symbol.
(c) It shall be unlawful for any person to obscure, remove, deface, mutilate, or destroy any sign posted in accordance with the provisions of this subchapter.
§ 7–1705. Enforcement.
(a) The owner, lessee, manager, operator or other person in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter shall:
(1) Post and maintain the appropriate "No Smoking" or "No Use of Tobacco Products" signs; and
(2) Ask persons observed smoking or using tobacco products in violation of this subchapter to refrain from smoking or using tobacco products.
(b) Whenever the owner, lessee, manager or operator of a facility or event site for organized sporting events covered by this subchapter requires a license issued by the District of Columbia government in order to operate the facility or event site for organized sporting events, the owner, lessee, manager or operator shall comply with this subchapter as a requirement for receiving or renewing the license. Where an on-site inspection is required prior to issuance or renewal of a license, the inspector should certify that the appropriate signs have been posted. In those cases where an on-site inspection is not needed, a signed statement by the applicant that he has complied with this subchapter shall constitute sufficient evidence of compliance as required in this subsection. Violation of this subchapter shall be grounds for license suspension or revocation.
(c) The Mayor is authorized to promulgate any regulations needed to carry out the provisions of this subchapter.
(d) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator or person otherwise in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter from violating, or continuing to violate, any provision of this subchapter. For the purposes of this subsection, an “aggrieved person” shall be defined as any person subjected to tobacco smoke due to failure to comply with this subchapter.
§ 7–1706. Civil penalties.
Any person who violates any provision of this subchapter, other than § 8 of D.C. Law 3-22, by:
(1) Smoking or using tobacco products in a posted "No Smoking" or "No Use of Tobacco Products" area or defacing or removing a "No Smoking" or "'No Use of Tobacco Products" sign, or failing to post warning signs as set forth in § 7-1704(a) and (a-3) shall be assessed a civil fine of no less than $10 nor more than $50 for the 1st violation; and no less than $50 nor more than $100 for each 2nd or subsequent violation; or
(2) Obscuring, removing, defacing, mutilating, or destroying a sign posted in accordance with the provisions of this subchapter shall be assessed a civil fine of no more than $300; or
(3) Failing to post or cause to be posted "No Smoking" or "No Use of Tobacco Products" signs and by failing to warn a smoker or user of tobacco products observed to be smoking or using tobacco products in violation of this subchapter to stop doing so, as required by this subchapter, shall be assessed a civil fine of no more than $300. Each and every day that the violation continues shall constitute a separate violation, and the civil penalties provided for in this paragraph shall be applicable to each separate offense; provided, that such civil penalties shall not be levied against an employee or officer of a branch, agency, or instrumentality of the District government.
§ 7–1707. Severability.
If any provision of this subchapter, or its application to a particular person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter.
§ 7–1708. Exceptions.
This subchapter shall not prohibit smoking in the following areas:
(1) An area where smoking is permitted by any provision of this subchapter;
(2) A tobacco shop or store primarily concerned with selling tobacco and smoking equipment;
(3) Upon the stage by performers during the course of any theatrical performance if smoking is part of the theatrical production;
(4) A tavern or nightclub as defined in § 25-101(52) and (33), respectively; or
(5) A room or hall that is used for private social functions, which includes weddings, banquets, and parties.
§ 7–1709. Tobacco smoking education and smoking cessation programs.
The Mayor shall establish, in conjunction with the District of Columbia Commissioner of Public Health or any other agencies or departments of the District, a program to educate the general public on the issue of smoking and involuntary smoking, the health risks involved, and the requirements of this subchapter, explaining what the subchapter does and why it is important. The Mayor shall establish a smoking cessation program that provides free counseling, information, and whatever other assistance is deemed necessary by the District of Columbia Commissioner of Public Health for the purpose of assisting, upon request, persons residing in the District of Columbia to stop smoking tobacco products.
§ 7–1710. Smoking prohibitions pursuant to existing law.
Nothing in this subchapter shall make lawful smoking in any place in which smoking is prohibited pursuant to § 6-1401 et seq., § 35-251(b), or any other District of Columbia or federal law.
Subchapter I-A. Prohibited Sales of Tobacco.
§ 7–1721.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Characterizing flavor" means a distinguishable taste or aroma other than tobacco, including fruit, chocolate, vanilla, candy, dessert, alcoholic beverage, menthol, mint, or wintergreen.
(1A) "Electronic smoking device" shall have the same meaning as provided in § 7-741.01(1).
(1B) "Flavored tobacco product" means any tobacco product or synthetic nicotine product that imparts a characterizing flavor.
(1C) "Hookah" means a type of waterpipe used to smoke shisha or other tobacco products with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
(1D) "Hookah bar" means a restaurant, tavern, brew pub, club, or nightclub that:
(A) Generates revenue from the sale for on-site consumption of tobacco products used with a hookah, excluding sales from vending machines or the rental of on-site humidors; provided, that the restaurant, tavern, brew pub, club, or nightclub has a valid smoking exemption from the Department of Health pursuant to § 7-741.03(a)(2) or (3); and
(B) Does not permit any person under 21 years of age to be present or enter the premises at any time.
(2) “Self-service display” means a display that contains tobacco products and is located in an area openly accessible to consumers, and from which consumers can readily access tobacco products without the assistance of a sales clerk. A display case that holds tobacco products behind locked doors does not constitute a self-service display.
(2A) "Tobacco product" means any product that is made from or derived from tobacco and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including through a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, smokeless tobacco, or an electronic smoking device. The term "tobacco product" also includes any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices. The term "tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. § 301 et seq.).
(3) “Tobacco specialty store” means a retail store that bars entry to individuals under 21years of age and that is used primarily for the sale of tobacco products and accessories in which the total annual revenue generated by the sale of non-tobacco products or accessories is no greater than 25% of the total revenue of the establishment.
§ 7–1721.02. Sale of tobacco to persons under 21 years of age.
(a) No person shall sell, give, or furnish any tobacco product to, or purchase any tobacco product on behalf of, any person under 21 years of age.
(b)(1) Any person who sells any tobacco product and who has reasonable cause to believe that a person who attempts to purchase the product is under 30 years of age shall require that the purchaser present identification that indicates the purchaser's age.
(2) It shall be an affirmative defense to a violation of paragraph (1) of this subsection that, at the time of the relevant sale, the person who attempted to purchase the product was 21 years of age or older, or presented identification to the seller that a reasonably prudent person would believe to be valid under the same or similar circumstances.
(c) Repealed.
(d) Any license to sell tobacco products issued pursuant to § 47-2404 may be suspended for a first or second violation of subsection (a) or (b) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) or (b) of this section.
(e)(1) In any place or business where a person sells any tobacco product, the owner, manager, or person in charge of the place or business shall post a warning sign that includes the following: "No tobacco product will be sold to any person under 21 years of age. Sales clerks will ask for proof of age from any person seeking to purchase any tobacco product who appears to be under 30 years of age."
(2) A sign posted pursuant to paragraph (1) of this subsection shall clearly state the maximum fine for a violation of this section. The sign shall be visible to the public at the entrance to the area and on the interior of the area in sufficient number to give notice of the law to the public.
(f) Notwithstanding section 1004 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR § 1004), the Mayor shall collect and maintain a publicly available record of violations under subsection (a) of this section, including:
(1) The date of the violation; and
(2) The location where the citation was given.
§ 7–1721.03. Purchase or possession of tobacco by persons under 21 years of age; use of false identification.
(a)(1) No person under 21 years of age shall purchase any tobacco product, possess any tobacco product, or attempt to purchase or possess any tobacco product.
(2) Paragraph (1) of this subsection shall not apply to a person under 21 years of age who is handling or transporting tobacco products under the terms of the person's employment.
(b) No person under 21 years of age shall falsely represent the person's age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or consuming tobacco products in the District.
(c) Repealed.
§ 7–1721.04. Self-service sale of tobacco.
(a) No person shall sell or distribute tobacco products, except cigars, through a self-service display.
(b) Subsection (a) of this section shall not apply to:
(1) Vending machines that are permitted under § 47-2404(b)(3); or
(2) Self-service displays that are located in a tobacco specialty store.
(c) Repealed.
§ 7–1721.05. Package requirements.
(a) No person shall sell or distribute to any person within the District of Columbia any cigarettes except in packages containing no less than 20 cigarettes.
(b) This section does not apply to a tobacco specialty store.
(c) Repealed.
(d) Any license to sell tobacco products issued pursuant to § 47-2404 may be suspended for a first or second violation of subsection (a) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) of this section.
§ 7–1721.06. Prohibited sellers.
(a) Except as provided in subsection (b) of this section, no tobacco product shall be sold to individual customers from mobile vending motor vehicles and trailers that sell retail food products ready for immediate consumption.
(b) Cigarettes may be sold at hotdog stands and construction site food wagons by vendors who are licensed pursuant to § 47-2404.
(c) No single cigar containing reconstituted tobacco products shall be sold to individual customers at convenience stores and gas stations.
(d) Repealed.
§ 7–1721.07. Civil penalties.
(a)(1) A violation of section 3, 5, 6, or 7 shall be subject to a civil penalty of not less than $100 and not more than $500 for the first violation. For a subsequent violation, a person shall be subject to a civil penalty of not less than $500 and not more than $1,000.
(2) Any person who violates § 7-1721.03(a) may be subject to a civil penalty of $25.
(3) Any person who violates § 7-1721.03(b) may be subject to a civil penalty of:
(A) $100 the first time the offense or offenses occurred;
(B) $200 the second time the offense or offenses occurred; and
(C) $300 the third and subsequent times the offense or offenses occurred.
(4) A person who violates § 7-1721.08 shall be subject to a civil penalty of:
(A) Not more than $25 per violation, if the person committing the violation is an individual; and
(B) Not more than $10,000 per violation, if the person committing the violation is a person other than an individual.
(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to increase the amount of the fine for a violation of § 7-1721.03(a) or (b).
(b) A violation of the provisions described in subsection (a) of this section shall be a civil infraction for the purposes of Chapter 18 of Title 2. Adjudication of any such civil infractions shall be pursuant to Chapter 18 of Title 2.
(c)(1) Law enforcement officers shall not be involved in the enforcement of the provisions described in subsection (a) of this section.
(2) For the purposes of this subsection, the term "law enforcement officer" means:
(A) A sworn member of the Metropolitan Police Department;
(B) A sworn member of the District of Columbia Protective Services;
(C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections;
(D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or the Pretrial Services Agency; and
(E) Metro Transit police officers.
§ 7–1721.08. Prohibitions on flavored tobacco products and electronic smoking devices.
(a) No person shall sell, offer for sale, receive for sale, distribute, purchase, or facilitate the sale of:
(1) A flavored tobacco product; or
(2) An electronic smoking device within one quarter mile of any middle or high school in the District.
(b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has:
(1) Made a public statement or claim directed to the public regarding a characterizing flavor;
(2) Used text or images on the tobacco product's packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or
(3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe that the tobacco product imparts a characterizing flavor.
(c) Any license to sell tobacco products issued pursuant to § 47-2404:
(1) May be suspended, after a hearing, for a first or second violation of subsection (a) of this section; and
(2) Shall be revoked, after a hearing, for a third or subsequent violation of subsection (a) of this section.
(d) In addition to the penalties described in § 7-1721.07(a)(4), a violation of subsection (a) of this section shall constitute a violation of § 28-3904. The Attorney General for the District of Columbia may use the Attorney General's investigatory powers pursuant to § 28-3910 and enforcement authority pursuant to § 28-3909 to investigate or prosecute suspected violations of subsection (a) of this section.
(e)(1) Notwithstanding the provisions of this section, the sale for on-site consumption of flavored tobacco products intended to be used with a hookah shall be permitted for any hookah bar doing business in the District as of September 30, 2021. All flavored tobacco products sold pursuant to this subsection shall be consumed on site and may not be taken off premises.
(2) A hookah bar doing business in the District as of September 30, 2021, shall not need to relocate to be in compliance with this section.
Subchapter II. Distribution of Free Cigarettes.
§ 7–1731. Distribution of free cigarettes prohibited; penalty.
(a)(1) No person, agent, or employee of any person shall, in the course of doing business, distribute any free tobacco product to any person on any public street, public sidewalk, public park, playground, in a public building, other public property, or private property open to the public, except that tobacco products may be distributed at a tobacco store, a convention, or a conference catering to adults; provided, that no tobacco product shall be distributed to persons under 21 years of age.
(2) For the purposes of this subsection, the term "tobacco product" shall have the same meaning as provided in § 7-1721.01(1).
(b) Any person who violates subsection (a) of this section shall, upon conviction, be fined not less than $250 for each violation.
Subchapter III. Fire-Standard-Compliant Cigarettes.
§ 7–1751. Definitions.
For the purposes of this subchapter, the term:
(1) “Cigarette” means any product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers for smoking.
(2) “Consumer testing” means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.
(3) “Fire-standard-compliant cigarette” means a cigarette that:
(A) Has been tested pursuant to this subchapter; and
(B) Has met the performance standard required by this subchapter.
(4) “Manufacturer” means any person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District directly or through an importer, wholesale dealer, or retail dealer, including any first purchaser that intends to resell cigarettes.
(5) “Quality control and quality assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and that maintain a repeatability value of no greater than 0.19.
(6) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(7) “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes.
(8) “Sale” or “selling” means any transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration.
(9) “Wholesale dealer” means any person, including a wholesale dealer’s agent, that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains one or more cigarette vending machines in the District of Columbia.
§ 7–1752. Prohibition on sale of cigarettes that are not fire-standard-compliant.
No cigarette may be sold or offered for sale in the District of Columbia unless:
(1) It has been tested in accordance with the test method specified in § 7-1753(a)(2);
(2) It meets the performance standard required by § 7-1753(a)(4);
(3) The manufacturer has filed a written certification with the Mayor, or the Mayor’s delegate, in accordance with § 7-1754; and
(4) It has been marked in accordance with § 7-1754(b).
§ 7–1753. Test method and performance standard.
(a) The test method and performance standard for cigarettes sold or offered for sale in the District of Columbia shall include the following:
(1) A laboratory that conducts a test in accordance with this subsection shall implement a quality control and quality assurance program.
(2) Except as provided in subsection (b) of this section, the testing of cigarettes by manufacturers and the District of Columbia to determine compliance with this subchapter shall be conducted in accordance with the American Society of Testing and Materials (“ASTM”) “Standard Test Method for Measuring the Ignition Strength of Cigarettes” (“ASTM Standard E2187-04”).
(3) The testing of cigarettes shall be conducted on 10 layers of filter paper.
(4) No more than 25% of the cigarettes tested in a test trial shall exhibit full-length burns.
(5) The performance standard required by this section shall only be applied to a complete test trial.
(6) Forty replicate tests shall comprise a complete test trial for each cigarette tested.
(b)(1) If the Mayor determines that cigarettes of a manufacturer cannot be tested in accordance with the test method described in subsection (a) of this section, the Mayor may approve a test method and performance standard proposed by the manufacturer, or other entity, that the Mayor determines are equivalent to and as effective as the test method and performance standard described in subsection (a) of this section.
(2) Following approval by the Mayor of an alternate test method and a determination by the Mayor that the performance standard proposed by the manufacturer, or other entity, is equivalent to the performance standard described in subsection (a) of this section, the manufacturer may use that test method to meet the performance standard required by this subchapter for certification pursuant to § 7-1754.
(c) Each cigarette listed in a certification submitted pursuant to § 7-1754 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least 2 bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.
§ 7–1754. Manufacturer’s certification.
(a)(1) Each manufacturer shall submit written certification to the Mayor attesting that its cigarettes have been tested in accordance with this subchapter and meet the performance standard required under § 7-1753.
(2) The submission shall include a description of each cigarette being certified, including the:
(A) Brand;
(B) Style;
(C) Length in millimeters;
(D) Circumference in millimeters;
(E) Flavor, if applicable;
(F) Filter or non-filter;
(G) Package description, such as a soft pack or box; and
(H) Mark required pursuant to subsection (b) of this section.
(3) Each cigarette certified under this subsection shall be recertified every 3 years.
(b)(1) Packaging for certified fire-standard-compliant cigarettes shall be marked in 8-point type or larger to indicate that the cigarettes have been tested using the test method and meet the performance standard required by this subchapter.
(2) The manufacturer shall use only one mark and the mark used shall consist of:
(A) The letters “FSC,” which signify that the cigarette is fire-standard-compliant; or
(B) Any mark approved for sale in New York or another state that has enacted fire-standard-compliance standards for cigarettes that include the test method and performance standard specified in § 7-1753.
§ 7–1755. Manufacturer’s data retention and availability requirements.
(a) A manufacturer shall:
(1) Retain all data from testing conducted on cigarettes that are offered for sale in the District of Columbia pursuant to this subchapter for 3 years; and
(2) Make the data available to the Mayor and the Attorney General for the District of Columbia upon written request to verify compliance with the performance standard required by this subchapter.
(b) Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a penalty pursuant to § 7-1756 for each day after the 60th day that the manufacturer does not make the copies available.
§ 7–1756. Penalties and remedies.
(a)(1) A manufacturer or wholesale dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $10,000 for each violation and not to exceed $100,000 for all such violations during any 30-day period.
(2) A retail dealer who knowingly fails to comply with any of the provisions of this subchapter, or regulations promulgated pursuant to this subchapter, shall be subject to a civil penalty not to exceed $5,000 for each violation and not to exceed $25,000 for all such violations during any 30-day period.
(3) Each day of violation shall constitute a separate violation and, unless provided otherwise by regulation, the prescribed penalty shall be applicable to each separate violation.
(b) In addition to any penalty prescribed by subsection (a) of this section, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to § 7-1754 shall be subject to a civil penalty of at least $75,000 and not to exceed $250,000 for each such false certification.
(c) In addition to any other remedy provided by law, the Attorney General for the District of Columbia may file a civil action in the Superior Court of the District of Columbia for a violation of this subchapter, which may include a petition for injunctive relief and the recovery of costs or damages.
(d)(1) Law enforcement personnel or duly authorized representatives of the Mayor may seize and take possession of cigarettes that have not been marked in the manner required by § 7-1754(b). The seized cigarettes shall be turned over to the Attorney General for the District of Columbia, and shall be forfeited to the District of Columbia.
(2) Cigarettes seized pursuant to this subsection shall be destroyed; provided, that before the destruction of any cigarette seized, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
§ 7–1757. Rules; limitations.
(a) No later than July 1, 2008, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter, including regulations regarding the conduct of random inspections of wholesale and retail dealers to ensure compliance with this subchapter.
(b) This subchapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.
(c) Nothing in this subchapter shall be construed to prohibit:
(1) Wholesale dealers or retail dealers from continuing to sell, on or after July 1, 2008, non-fire-standard-compliant cigarettes that were part of their inventories existing on or before July 1, 2008, if the wholesale dealer or retail dealer can establish that:
(A) Tax stamps were affixed to the cigarettes before July 1, 2008; and
(B) The inventory was purchased before July 1, 2008 in comparable quantity to the inventory purchased during the same period of the prior year;
(2) The sale of cigarettes solely for the purpose of consumer testing; or
(3) Any person or entity from manufacturing or selling cigarettes that are or will be stamped for sale in one of the various states or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in the District of Columbia.
