This is the section that specifies your obligations to ensure that the cigarettes and smokeless tobacco that you or your employees sell are not sold to persons under age 18. In other words, you should see the customer with your own eyes and physically give the product to him or her. The rule requires retailers to verify a consumer's age by checking photographic identification that shows the person's date of birth. The regulations specify that you do not need to check the ID of customers who are 27 or older. But, guessing someone's age by his or her looks can be difficult.
Some people simply look older than they really are.
However, you do not need to ask for ID from every customer every time he or she wants to purchase a tobacco product if you have already verified by means of photo ID that the customer is at least 18. In other words, if you have a regular customer whom you know is 18 or over because he or she has presented a valid photo ID in the past, you do not need to ask for proof of age every time the customer wants to buy a tobacco product. Cigarettes and smokeless tobacco are products that present serious health hazards that frequently result in premature death. So, a transaction for a product with serious adverse health effects should not be taken lightly. The rule accomplishes this goal by requiring retailers to physically hand the product to the consumer.