About PA Act 112
Know Your Responsibility
To protect your business and Pennsylvania’s youth, the PA Department of Health sends inspectors to visit stores that sell tobacco to make sure they follow the law (tobacco compliance checks). It is your responsibility to train your employees and make sure that you and your employees follow all tobacco sales laws.
PA State Law – Act 112, Section 6305
- No sale of any tobacco product to anyone under age 21 (including electronic cigarettes and vaping products)
- Tobacco must be kept behind the counter and within view of the cashier or the worker
- You must ask for photo ID
- You must display and age of sale warning sign
- It is illegal to sell single cigarettes (loosies) or other out of package tobacco products including cigars, e-cigs and other vaping products.
Fines and Penalties
Individuals can be fined:
- 1st offense – $100 – $250
- 2nd offense – $250 -$ 500
- After 2 offenses – $500 – $1,000
Businesses can be fined:
- 1st offense – $100 – $500
- 2nd offense – $500 -$ 1,000
- 3rd offense – $1,000 – $5,000
- After 3 offenses – $5,000 – $10,000
In addition, upon the third conviction of a retailer in a 24-month period, the PA Department of Revenue may, after the opportunity for a hearing, suspend the retailer’s cigarette license for up to 30 days. Upon a fourth conviction in any 24-month period, the department may, after the opportunity for a hearing, suspend the license for up to 60 days.