Starting January 1, 2023, all sales of tobacco products in the State of Nevada will require ID scanning. Here’s a breakdown of the new AB360 Law, and what your store or venue needs to stay compliant.
The AB360 Legalese
A person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize scanning technology or other automated, software-based system to verify that the person is 18 years of age or older.
A person who violates this subsection is liable for a civil penalty of $100 for each offense.
Read the full text of the bill (warning – confusing!)
What That Means
The new law means that all tobacco sales must be preceded by digital ID scanning. The language is similar, but less restrictive, than the Nevada Cannabis Control Board’s language around ID scanning for cannabis purchase.
“Enhanced controls that utilize scanning technology” at minimum means that an ID scanner must be used to read the 2D barcode (PDF417) on the back of the ID. The 2D barcode contains information such as first name, last name, and date of birth. The “automated, software-based system” then compares the date of birth to today’s date to determine the age of the ID holder, and whether they are 18 and able to purchase tobacco products. Age verification software can also determine if the ID is expired.
Who Does AB360 Apply To?
The AB360 law will apply to any business selling tobacco products. This includes liquor stores and vape shops, but also bars and restaurants which have cigarettes behind the bar, grocery stores, delivery services, and events venues. Every tobacco retailer must comply and perform digital ID scanning.
Catching Fake IDs
Where the law is less clear is whether or not retailers selling tobacco must perform ID authentication or do any reasonable detections for fake IDs before selling tobacco. Although there are many scanners available that can perform basic age verification and catch some fake IDs, free ID scanning apps do not catch the majority of fakes. So if the intent is for tobacco retailers to truly verify identity and age before purchase, they will need special authentication hardware.
Which ID Scanners Are Compliant?
The easiest way to comply with AB360 is to use an all-in-one visitor management system on a mobile device. This tool will instantly scan IDs, verify age, and alert you if the ID is expired. A few solutions we recommend:
If you are looking to catch fake IDs, or verify age more thoroughly, then we recommend an authentication device such as the E-Seek M500 ID Scanner, paired with authentication software.