General Assembly Raised Bill No. 5539 seeks to amend existing laws governing the licensing of cigarette and tobacco product distributors and dealers, while also establishing stricter penalties for violations related to electronic nicotine delivery systems and vapor products. The bill repeals Section 12-286 and introduces new requirements for distributors, including the submission of affidavits from recognized manufacturers, with exemptions for chain stores and pending applications. It mandates separate licenses for distributors and dealers, necessitating detailed personal information, criminal background checks, and compliance certifications as part of the application process. Additionally, the bill imposes significant penalties for unauthorized sales, classifying such violations as unfair trade practices and allowing for legal action by the Commissioner of Consumer Protection.

The legislation also introduces new definitions and regulations for electronic nicotine delivery systems and vapor products, requiring businesses to hold a dealer registration issued by the Commissioner of Consumer Protection. Each business must maintain a separate registration for each location and verify the age of all individuals entering premises that derive over fifty percent of their revenue from tobacco-related products. The application process is modified to require detailed business information and criminal background checks for owners, with a reduced threshold for financial interest exemptions. The bill streamlines the registration process by removing the requirement for online updates and establishes penalties for operating without a valid registration. Overall, Raised Bill No. 5539 aims to enhance regulatory oversight and compliance in the tobacco and vaping industries, ensuring public health and safety.

Statutes affected:
Raised Bill: 12-286