Ordinance to establish offense related to purchase, possession or use of tobacco products by children

1. A board of county commissioners may adopt an ordinance to establish an offense related to tobacco that may include provisions which prohibit a child who is under the age of 18 years from: (a) Purchasing or attempting to purchase tobacco products; (b) Possessing or attempting to possess tobacco products; (c) Using tobacco products; or (d) Falsely representing that he or she is 18 years of age or older to purchase, possess or obtain tobacco products.

2. An ordinance adopted pursuant to this section must provide that the provisions of the ordinance do not apply to a child who is under the age of 18 years and who is: (a) Assisting in an inspection pursuant to NRS 202.2496 ; (b) Handling or transporting tobacco products in the course of his or her lawful employment; (c) Handling or transporting tobacco products in the presence of his or her parent, spouse or legal guardian who is 18 years of age or older; or (d) Possessing or using tobacco products for an established religious purpose.

3. As used in this section, “ tobacco products ” means cigarettes, cigarette paper, tobacco of any description or products made or derived from tobacco. As used in this subsection, the term “ products made or derived from tobacco ” does not include any product regulated by the United States Food and Drug Administration pursuant to Chapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.