Summary of Original VersionAmend 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from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the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.
Summary of Amendment: Senate Committee Substitute 1Summary
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.
Summary of Amendment: Senate Floor Amendment 1 -- J. HigdonSummary
Retain original provisions and fine a retail sales clerk $100 for the second and third offense of selling an unauthorized vapor product.
Summary of Amendment: Senate Floor Amendment 2 -- J. HigdonSummary
Retain original provision remove the safe harbor provision for retailers.
Summary of Amendment: Senate Floor Amendment 3 -- C. McDanielSummary
Make title amendment.
Summary of Amendment: Senate Floor Amendment 4 -- C. McDanielSummary
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.
Summary of Amendment: Senate Floor Amendment 5 -- J. HigdonSummary
Retain original provisions; remove safe harbor requirement for retailers; remove penalties for a retail store clerk who sells unauthorized vapor products; prohibit the sale of nitrous oxide to anyone under the age of 21; prohibit the sale of nitrous oxide to any retail establishment that holds a tobacco, nicotine, or vapor product license issued by the department; amend to conform.
Summary of Amendment: House Committee Substitute 1Summary
Retain original provisions, except remove any reference to tradeshows; amend various sections of KRS 438.305 to 438.350 to remove any reference to safe harbor certification; define "authorized nicotine vapor product"; allow investigators to inspect any licensed premises without first obtaining a search warrant; require manufacturers to provide information necessary to establish the definition of "authorized nicotine vapor product" to a wholesaler or retailer distributing or selling the manufacturer's product; create a new section of KRS 438.305 to 438.350 to establish transitional licensing; amend KRS 438.306 and 438.307 to conform; EFFECTIVE, in part, January 1, 2026; EMERGENCY, in part.
Statutes affected: Introduced: 438.305, 438.308, 438.309, 438.310, 438.311, 438.313, 438.316, 438.330, 438.337, 438.340, 438.350, 241.020, 438.300, 438.325, 438.335, 630.120
Senate Committee Substitute 1: 438.305, 438.308, 438.309, 438.310, 438.311, 438.313, 438.312, 438.316, 438.330, 438.331, 438.337, 438.340, 438.350, 241.020, 438.300, 438.325, 438.335, 630.120
House Committee Substitute 1: 438.305, 438.308, 438.309, 438.310, 438.311, 438.313, 438.312, 438.316, 438.330, 438.331, 438.337, 438.340, 438.350, 241.020, 438.300, 438.306, 438.325, 438.335, 630.120
Current: 438.305, 438.308, 438.309, 438.310, 438.311, 438.313, 438.312, 438.316, 438.330, 438.331, 438.337, 438.340, 438.350, 241.020, 438.300, 438.325, 438.335, 630.120