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Legislative record

HB 790STATE · VirginiaIntroduced

Tobacco products retailers; purchase, possession, and sale of retail tobacco products.

Voted 4/17/2024

Summary

Purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits Internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of retail tobacco products from vending machines. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products. The provisions of the bill shall not become effective unless reenacted by the 2025 Session of the General Assembly. 

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Bill text

The full text of this bill isn't on Heard yet. The official documents are linked below.

Roll-call record

How representatives voted

497 yea·153 nay·19 other

Docket history

Action history

  1. 4/17/2024House concurred in Governor's recommendation (88-Y 12-N)
  2. 4/17/2024VOTE: Adoption (88-Y 12-N)
  3. 4/17/2024Senate concurred in Governor's recommendation (33-Y 7-N)
  4. 4/17/2024Governor's recommendation adopted
  5. 4/17/2024Reenrolled
  6. 4/17/2024Reenrolled bill text (HB790ER2)
  7. 4/17/2024Signed by Speaker as reenrolled
  8. 4/17/2024Signed by President as reenrolled
  9. 4/17/2024Enacted, Chapter 821 (effective 7/1/24)
  10. 4/17/2024Acts of Assembly Chapter text (CHAP0821)