| Last Action | 03/19/26: posted for passage in the Regular Orders of the Day for Friday, March 20 2026 |
|---|---|
| Title | AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency. |
| Bill Documents |
Current
Introduced |
| Bill Request Number | 1780 |
| Sponsors | R. Webb, J. Higdon |
| Summary of Original Version | Create a new section of KRS 438.305 to 438.350 to establish application form requirements for a tobacco, nicotine, or vapor product license; prohibit the Department of Alcoholic Beverage Control from establishing any additional licensure requirements beyond those prescribed in statute; require the department to publish and maintain on its website the components required for a tobacco, nicotine, or vapor product license; amend various sections of KRS 438.305 to 438.350 to require the Secretary of State to notify retailers that a tobacco, nicotine, or vapor product license is required to sell authorized nicotine vapor products; establish application requirements for a tobacco, nicotine, or vapor product license; require the department to publish the application form on its website within 30 days of the effective date of this Act; require the licensing fee to be refunded to the applicant if a license is not issued; require a licensure renewal form and a licensing fee to be remitted to the department upon the renewal of a tobacco, nicotine, or vapor product license; define "batch license"; allow a retailer with a license issued by the department under KRS Chapter 243 to renew a tobacco, nicotine, or vapor product license on the date of its next renewal; allow an applicant or licensee to batch license using a singular application or renewal form; allow a licensee to batch license on the date of its next alcohol licensure renewal or 1 year from the date of issuance of its tobacco, nicotine, or vapor product license; require an applicant or licensee who chooses to batch license to multiply the licensure fee by the number of locations to be licensed or premises to be renewed; require the department to establish a singular application and renewal form for a batch license; allow the department to require a supplemental form for batch licensing if an alcohol license requires further information; grant a grace period to applicants for any error identified in an application by the department; establish requirements for a change of ownership; establish grounds for denial of an application; require the department to promulgate administrative regulations relating to tobacco, nicotine, and vapor licensing within 30 days of the effective date of this Act; repeal KRS 438.3065, which establishes transitional licensing; prohibit this Act from delaying enforcement; require any retailer selling tobacco, nicotine, or vapor products in Kentucky that does not currently hold a license to remit the initial application form and licensing fee within 60 days of the effective date of this Act; credit a licensee's 2025 licensing fee to the licensee's upcoming licensing fee payment for 2026; RETROACTIVE, in part, to January 1, 2026; EMERGENCY. |
| Index Headings of Original Version |
Alcoholic Beverages - Department of Alcoholic Beverage Control, batch license, tobacco, vapor products Boards And Commissions - Department of Alcoholic Beverage Control, batch license, alcohol, tobacco, vapor products Effective Dates, Emergency - Tobacco, vapor products Licensing - Tobacco, nicotine, or vapor products license, requirements Occupations And Professions - Retailers, licensing requirements, tobacco, vapor products Public Safety - Tobacco, vapor products, sales Retroactive Legislation - Tobacco, vapor products, January 1, 2026 Secretary Of State - Tobacco, nicotine, or vapor products license, notification, authorized nicotine vapor product State Agencies - Department of Alcoholic Beverage Control, batch license, alcohol, tobacco, vapor products Tobacco - Nicotine, vapor products, sales, licensing Vaping - Retailers, licensing requirements, tobacco, vapor products |
| Jump to Proposed Amendments |
Senate Floor Amendment 1 House Committee Substitute 1 House Floor Amendment 1 |
| Votes | Vote History |
| 02/25/26 |
|
|---|---|
| 02/27/26 |
|
| 03/03/26 |
|
| 03/04/26 |
|
| 03/05/26 |
|
| 03/06/26 |
|
| 03/10/26 |
|
| 03/11/26 |
|
| 03/16/26 |
|
| 03/17/26 |
|
| 03/18/26 |
|
| 03/19/26 |
|
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | A. Reed |
| Summary | Amend KRS 438.305 to change the date in the defintion of "authorized nicotine vapor product" from September 9, 2020 to May 14, 2022. |
| Index Headings |
Tobacco - Authorized nicotine vapor product, authorization Vaping - Authorized nicotine vapor product, authorization |
| Amendment | House Committee Substitute 1 |
|---|---|
| Summary | Retain original provisions, except create a new section of KRS 438.305 to 438.350 to define "premium cigar" and "pipe tobacco"; require a retailer to verify that a recipient of a shipment or delivery of tobacco products, alternative nicotine products, or vapor products is at least 21 years old; require visual examination or use of age verification technology to verify the recipient's identity at delivery; prohibit the inclusion of premium cigars or pipe tobacco in the term "tobacco products" for purposes of KRS 438.350; establish penalties for a retailer or common or private carrier in violation; establish penalties for a consumer who intentionally causes an unlawful delivery; require products to be returned to the retailer if the common or private carrier cannot complete delivery; make conforming changes. |
| Index Headings |
Boards And Commissions - Department of Alcoholic Beverage Control, tobacco, vapor products Children And Minors - Tobacco, alternative nicotine products, vapor products, age verification, fines Consumer Protection - Tobacco, alternative nicotine products, vapor products, age verification, fines Occupations And Professions - Retailers, licensing requirements, tobacco, vapor products Public Safety - Tobacco, alternative nicotine products, vapor products, delivery State Agencies - Department of Alcoholic Beverage Control, tobacco, vapor products Tobacco - Delivery, age verification, fines Trade Practices And Retailing - Tobacco, alternative nicotine products, vapor products, age verification, fines Vaping - Delivery, age verification, fines |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | M. Koch |
| Summary | Create a new section of KRS 438.305 to 438.350 to establish the application requirements for a temporary tobacco, nicotine, or vapor product retail license; make the temporary license effective for 30 days for use at fairs, festivals, and other similar events; require the department to approve or deny a temporary license application within 14 business days; integrate the temporary license into licensing, fee, and other requirements; include the applicant's telephone number and email address in a regular tobacco, nicotine, or vapor product retail license application; protect previously issued licenses from the initial deadlines for new licenses. |
| Index Headings |
Drugs And Medicines - Tobacco, nicotine, and vapor products, retail sales, temporary license Fees - Tobacco, nicotine, and vapor products, retail sales, temporary license Licensing - Tobacco, nicotine, and vapor products, retail sales, temporary license Sales - Tobacco, nicotine, and vapor products, retail sales, temporary license State Agencies - Department of Alcoholic Beverage Control, tobacco, nicotine, and vapor products, temporary license Tobacco - Retail sales, temporary license Trade Practices And Retailing - Tobacco, nicotine, and vapor products, retail sales, temporary license Vaping - Retail sales, temporary license |
Last updated: 3/19/2026 8:27 PM (EDT)