| Last Action | 02/21/25: floor amendment (4) filed to Committee Substitute , floor amendment (3-title) filed to bill |
|---|---|
| Title | AN ACT relating to products containing nicotine. |
| Bill Documents | Introduced |
| Fiscal Impact Statement | Fiscal Note |
| Bill Request Number | 261 |
| Sponsors | J. Higdon, G. Elkins, S. Meredith |
| Summary of Original Version | Amend KRS 438.305 to define terms; create new sections of KRS 438.305 to 438.350 to create the Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control; give the department investigators the authority to inspect any premise where alternative nicotine products, tobacco products, or vapor products are sold without obtaining a search warrant; require any retailer that sells alternative nicotine products, tobacco products, or vapor products to obtain a tobacco, nicotine, and vapor products license issued by the department; establish penalties for retailers that sell alternative nicotine products, tobacco products, or vapor products without a license; establish conditions under which a license may be revoked; amend KRS 438.310 to establish penalties for retailers and store clerks who sell to individuals under the age of 21; amend KRS 438.313 to prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the tobacco noncompliance database and reporting system; amend KRS 438.337 to allocate 100% of license and application fees to the department; allocate 50% of fines collected to go toward a youth program that educates the youth on the dangers of vaping and tobacco use; require the department to develop and maintain the noncompliance database and reporting system; amend KRS 438.340 to direct the department to promulgate administrative regulations to establish a procedure for administering citations, issuing orders, and filing appeals; amend KRS 438.350 to establish conditions upon which a person under the age of 21 may be required to perform community service or attend a tobacco cessation program; amend various sections of KRS to conform. |
| Index Headings of Original Version |
Fiscal Note - Tobacco and vapor products Drugs and Medicines - Vapor products, sales, penalties, enforcement Licensing - Tobacco, nicotine, and vapor products license, creation Occupations and Professions - Retailers, licensing requirements, vapor products Public Health - Tobacco and vapor products, sales, penalties, enforcement Tobacco - Tobacco and vapor products, sales, penalties, enforcement Trade Practices and Retailing - Trade shows, tobacco and vapor products Boards and Commissions - Division of Tobacco, Nicotine, and Vapor Product Licensing, creation Public Protection - Vapor products, sales, penalties, enforcement Vaping - Retailers, licensing requirements, tobacco, vapor products |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 |
| 02/07/25 |
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| 02/12/25 |
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| 02/18/25 |
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| 02/19/25 |
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| 02/20/25 |
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| 02/21/25 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions except remove nicotine provisions from the definition of "safe harbor certification;" prohibit a wholesaler from providing vapor products to an unlicensed retailer; allow a licensee to request a hearing after the revocation of a license within 30 days; remove references of the tobacco noncompliance database and reporting system; direct the department to make a list of licensees available on its website; amend fines for retailers that sell unauthorized vapor products; direct the Department for Public Health to administer a youth program that targets the dangers of vapor products. |
| Index Headings |
Occupations and Professions - Retailers, licensing requirements, tobacco, vapor products Public Health - Vapor products, youth program, creation Public Protection - Vapor products, sales, penalties, enforcement Vaping - Retailers, licensing requirements, tobacco, vapor products |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | J. Higdon |
| Summary | Retain original provisions and fine a retail sales clerk $100 for the second and third offense of selling an unauthorized vapor product. |
| Index Headings | Occupations and Professions - Retailers, vapor products, penalties, |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | J. Higdon |
| Summary | Retain original provision remove the safe harbor provision for retailers. |
| Index Headings |
Occupations and Professions - Retailers, vapor products, penalties Occupations and Professions - Retailers, vapor products, regulation |
| Amendment | Senate Floor Amendment 3 |
|---|---|
| Sponsor | C. McDaniel |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - SB 100 |
| Amendment | Senate Floor Amendment 4 |
|---|---|
| Sponsor | C. McDaniel |
| Summary | Retain original provisions and require each citation for selling unauthorized vapor products to be specific to the premises of the retail establishment where the violation occurred; exempt a retailer of vapor products that are not intended for sale from being penalized for possessing unauthorized vapor products; prohibit a retail establishment from selling nitrous oxide to persons under 21 years of age; prohibit a retailer that holds a tobacco, nicotine, or vapor product license from selling any form of nitrous oxide; establish penalties for retailers that sell nitrous oxide. |
| Index Headings |
Hazardous Materials - Retailers, nitrous oxide, penalties Occupations and Professions - Retailers, vapor products, penalties Occupations and Professions - Retailers, vapor products, regulation |
Last updated: 2/21/2025 4:29 PM (EST)