Virginia 2024 Regular Session Status: Enacted

SB 582 — Tobacco products retailers; purchase, possession, and sale of retail tobacco products.

Last action — Acts of Assembly Chapter text (CHAP0796)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 17, 2024.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 dealer 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 within a 36-month period, (ii) a civil penalty of $5,000 for a second offense within a 36-month period such retail dealer shall become subject to specific age-verification requirements, (iii) a civil penalty of $10,000 and a 30-day suspension of such retail dealer's distributor's license for a third offense within a 36-month period, and (iv) revocation of such license and such retail dealer shall be ineligible to hold a license for a period of three years following the most recent violation for a fourth offense within a 36-month period. The bill requires the Department of Taxation, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retail dealer 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 for purchases on and after July 1, 2024. 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. This bill is identical to HB 790.

Bill Text

What changed in the latest version

776 added · 825 removed

Plain-language change summary

The recent amendment to SB 582 clarifies age verification requirements for the delivery of cigarettes, ensuring that sellers obtain reliable proof that consumers are at least 21 years old before any sales. It requires consumers to sign a certification stating their age and understanding of the legal restrictions on purchasing cigarettes. This change matters because it strengthens efforts to prevent underage smoking by adding clearer obligations for retailers to confirm their customers' ages.

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VIRGINIA ACTS OF ASSEMBLY -- 2024 RECONVENED SESSION CHAPTER 796 An Act to amend and reenact §§ 18.2-246.8, 18.2-371.2, 22.1-79.5, 22.1-206, 22.1-279.6, 58.1-1021.01, 58.1-1021.02, 58.1-1021.04:1, 58.1-1021.04:5, 59.1-293.10, and 59.1-293.11 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 10 of Title 58.1 sections numbered 58.1-1021.06 through 58.1-1021.09 and by adding in Chapter 23.2 of Title 59.1 sections numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14, relating to purchase, possession, and sale of retail tobacco products;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 18.2-246.8, 18.2-371.2, 22.1-79.5, 22.1-206, 22.1-279.6, 58.1-1021.01, 58.1-1021.02, 58.1-1021.04:1, 58.1-1021.04:5, 59.1-293.10, and 59.1-293.11 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 10 of Title 58.1 sections numbered 58.1-1021.06 through 58.1-1021.09 and by adding in Chapter 23.2 of Title 59.1 sectiNns numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14, relating to purchase, possession, and sale of retail tobacco products;
[S 582] Approved April 17, 2024 Be it enacted by the General Assembly of Virginia:
R O [S 582] Approved L L Be it enacted by the General Assembly of Virginia:
1.
E 1.
That §§ 18.2-246.8, 18.2-371.2, 22.1-79.5, 22.1-206, 22.1-279.6, 58.1-1021.01, 58.1-1021.02, 58.1-1021.04:1, 58.1-1021.04:5, 59.1-293.10, and 59.1-293.11 of the Code of Virginia are amended Title 58.1 sections numbered 58.1-1021.06 through 58.1-1021.09 and by adding in Chapter 23.2 off Title 59.1 sections numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14 as follows:
That §§ 18.2-246.8, 18.2-371.2, 22.1-79.5, 22.1-206, 22.1-279.6, 58.1-1021.01, 58.1-1021.02, 58.1-1021.04:1, 58.1-1021.04:5, 59.1-293.10, and 59.1-293.11 of the Code of Virginia are amendeD and reenacted and that the Code of Virginia is amended by adding in Article 2.1 of Chapter 10 of Title 59.1 sections numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14 as follows:apter 23.2 of § 18.2-246.8.
§ 18.2-246.8.
Obtains from the prospective consumer a certification that includes (i) a reliable confirmation that the consumer is at least the legal minimum purchase age, and (ii) a statement signed by the prospective consumer in writing that certifies the prospective consumer's address and that the consumer is at least 21 years of age.
Obtains from the prospective consumer a certification that includes (i) a reliable confirmation that the consumer is at least the legal minimum purchase age, and (ii) a statement signed by the proSpective consumer in writing that certifies the prospective consumer's address and that the consumer is 5t least 21 signing another person's name to such certification is illegal, (b) that the sale of cigarettes to individuals under the legal minimum purchase age is illegal, and (c) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of the Commonwealth;
Such statement shall also confirm (a) that the prospective consumer understands that signing another person's name to such certification is illegal, (b) that the sale of cigarettes to individuals under the legal minimum purchase age is illegal, and (c) that the purchase of cigarettes by individuals under the legal minimum purchase age is illegal under the laws of the Commonwealth;
2 2.
2.
Makes a good faith effort to verify the information contained in the certification provided by the prospective consumer pursuant to subsection A subdivision 1 against a commercially available database of valid, government-issued identification that contains the date of birth or age of the individual placing the order, or obtains a photocopy or other image of the valid, government-issued identification stating the3.
Makes a good faith effort to verify the information contained in the certification provided by the prospective consumer pursuant to subsection A subdivision 1 against a commercially available database of valid, government-issued identification that contains the date of birth or age of the individual placing the order, or obtains a photocopy or other image of the valid, government-issued identification stating the date of birth or age of the individual placing the order;
3.
2.
prospective consumers provide their e-mail email addresses.et for delivery sales may request that § 18.2-371.2.
Persons accepting purchase orders made via the Internet for delivery sales may request that prospective consumers provide their e-mail email addresses.
§ 18.2-371.2.
No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less younger than 21 years of age, knowing or having reason to believe that such person is less younger than 21 years of age, any retail tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.
No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less younger than 21 years of age, knowing or having reason to believe that such person is less younger than 21 years of age, any retail tobacco product, nicotine vapor product, alternative nicotine proTobacco products, nicotine vapor products, alternative nicotine products, and No person shall sell retail tobacco products or hemp products intended for smoking may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of such products by persons under 21 years of age is unlawful and (ii) located in a place that is not open to the general public and is not generally accessible to persons under 21 years of age.
Tobacco products, nicotine vapor products, alternative nicotine products, and No person shall sell retail tobacco products or hemp products intended for smoking may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of such products by persons under 21 years of age is unlawful and (ii) located in a place that is not open to the general public and is not generally accessible to persons under 21 years of age.
B.
product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.
No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.
The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine of 14 vapor products, alternative nicotine products, or hemp products intended for smoking by a person less than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1.
The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking by a person less than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternative of 13 nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1.
A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation.
A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community of 14 service for a second or subsequent violation.
Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Upon a violation of subsection BR the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
For any violation of this section by an employee of a retail establishment, (i) such penalty shall be assessed against the establishment and (ii) an additional penalty of $100 shall be assessed against the employee.
For any violation of thisEsection and (ii) an additional penalty of $100 shall be assessed against the employee.gainst the establishment Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury.
of 13 Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury.
Nny law-enforcement officer may issue a summons for a violation of subsection A, or B, or C.
Any law-enforcement officer may issue a summons for a violation of subsection A, or B, or C.
The proprietor of every retail establishment that offers for sale any retail tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking shall post in a conspicuous manner and place a sign or signs indicating that the sale of retail tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking to any person under 21 years of age is prohibited by law.
The proprietor of every retail O establishment that offers for sale any retail tobacco product, nicotine vapor product, alternative nicotine signs indicating that the sale of retail tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking to any person under 21 years of age is prohibited by law.
Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500.
Any attorney for the county, city, or town in which an alleged violation of this subsectioE occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $500.
For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
For the purpose of compliance with regulations of the Substance Abuse and Mental Health Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
No filing fee or other fee or cost shall bS charged to the county, city, or town which instituted the action.
G.
5 G.
H.
2 may issue a summons for any violation of this section.
F.
Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
"Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device by the U.S.
"Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product U.S.C.
Food and Drug Administration (FDA) under Chapter V (21 U.S.C.
§ 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.tion (FDA) under Chapter V (21 "Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
§ 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
"Electronic smoking device" includes any component, part, or accessory of the device, whether or not sold separately, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance contains nicotine.
"Electronic smoking device" includes any component, part, or accessory of the vaporized during the use of the device, whether or not the substance contains nicotine.
"Electronic smoking device" does not include any (i) battery or battery charger when sold separately or (ii) device used for heated tobacco products.
"Electronicor smoking device" does not include any (i) battery or battery charger when sold separately or (ii) device used for heated tobacco products.
"Hemp product" means and "hemp product intended for smoking" mean the same as that term is those terms are defined in § 3.2-4112.
"Hemp product" means and "hemp product intended for smoking" mean the same as that term is tho"Nicotine vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.
"Nicotine vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.
"Nicotine vapor product" does not include any product regulated by the FDA under Chapter V (21 U.S.C.
"Nicotine vapor product" does not include any product Cosmetic Act.the FDA under Chapter V (21 U.S.C.
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§ 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
§ 351 et seq.) of the Federal Food, Drug, and of 14 "Tobacco Retail tobacco product" means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
"Tobacco Retail tobacco product" means (i) any product containing, made of, or derived from tobacco or that contains nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by other means, including a cigarette, a heated tobacco product, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including of 13 filters, rolling papers, blunt or hemp wraps, and pipes.
and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings (iii) any component, part, or accessory of a product described in clause (i) or (ii), whether or not such component, part, or accessory contains tobacco or nicotine, including filters, rolling papers, blunt or hemp wraps, and pipes.
§ 321, or combination products, as such term is used in U.S.C.
§ 321, or combination products, as such term is used in 21 U.S.C.
In accordance with the most recent enunciation of constitutional principles by the Supreme Court of the United States of America, the Board's standards for school board policies on alcohol and drugs and search and seizure shall include guidance for procedures relating to voluntary and mandatory drug testing in schools, including which groups may be tested, use of test results, confidentiality of test information, privacy considerations, consent to the testing, need to know, and release of the test results to the appropriate school authority.
In accordance with the most recent enunciation of constitutional principles by the Supreme Court of of 14 the United States of America, the Board's standards for school board policies on alcohol and drugs and search and seizure shall include guidance for procedures relating to voluntary and mandatory drRg testing in schools, including which groups may be tested, use of test results, confidentiality Ef test to the appropriate school authority.
In the case of suspension and expulsion, the procedures set forth in this article shall be the minimum procedures that the school board may prescribe.
consent to the testing, need to know, and release of the test results In the case of suspension and expulsion, the procedures set forth in this article shall be the minimum procedures that the school board may prescribe.
B.
N B.
School boards shall include in the regulations on codes of student conduct procedures for suspension, expulsion, and exclusion decisions and shall biennially of 13 review the model student conduct code to incorporate discipline options and alternatives to preserve a safe, nondisruptive environment for effective teaching and learning.
School boards shall include in the regulationO on codes of student conduct procedures for suspension, expulsion, and exclusion decisions and shall biennially safe, nondisruptive environment for effective teaching and learning.ons and alternatives to preLerve a C.
C.
School boards shall also cite in their codes of student conduct the provisions of § 18.2-56, which defines and prohibits hazing and imposes a Class 1 misdemeanor penalty for violations, that is, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
School boards shall also cite in their codes of studentEconduct the provisions of § 18.2-56, which defines and prohibits hazing and imposes a Class 1 misdemeanor penalty for violations, that is, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Each school board shall include in its code of student conduct policies and procedures that include a prohibition against bullying.
Each school board shall include in its code of student conduct policies and procedures that standards for school board policies on bullying and the use of electronic means for purposes of bullying developed by the Board pursuant to subsection A and (ii) direct the principal or his designee to notify the parent of any student involved in an alleged incident of bullying within 24 hours of learning of the allegation of bullying.
Such policies and procedures shall (i) be consistent with the standards for school board policies on bullying and the use of electronic means for purposes of bullying developed by the Board pursuant to subsection A and (ii) direct the principal or his designee to notify the parent of any student involved in an alleged incident of bullying within 24 hours of learning of the allegation of bullying.
Such policies and procedures shall not be interpreted to infringe upon the First Amendment rSghts of students and are not intended to prohibit expression of religious, philosophical, or political 5iews, provided that such expression does not cause an actual, material disruption of the work of the 2chool.
Such policies and procedures shall not be interpreted to infringe upon the First Amendment rights of students and are not intended to prohibit expression of religious, philosophical, or political views, provided that such expression does not cause an actual, material disruption of the work of the school.
devices and laser pointers by students on school property or attending school functions or activities and establish disciplinary procedures pursuant to this article to which students violating such regulations will be subject.
E.
A school board may regulate the use or possession of beepers or other portable communications devices and laser pointers by students on school property or attending school functions or activities and establish disciplinary procedures pursuant to this article to which students violating such regulations will be subject.
However, a school board may, in its discretion, require or encourage drug testing in accordance with the Board of Education's guidelines and model student conduct policies required by subsection A and the Board's guidelines for student searches required by § 22.1-279.7.
However, a school board may, in its discretion, require or encourage drug testing in accordance with the Board of Education's guidelines and model student conduct policies required by subsection A and the Board's guidelines for student searches required by § 2G.
G.
Each school board shall include in its code of student conduct a prohibition on possessing any retail tobacco product or nicotine vapor product hemp product intended for smoking, as those terms are defined in § 18.2-371.2, on a school bus, on school property, or at an on-site or off-site school-sponsored activity.
Each school board shall include in its code of student conduct a prohibition on possessing any defined in § 18.2-371.2, on a school bus, on school property, or at an on-site or off-sitese terms are school-sponsored activity.
(iii) not have a disparate impact on students of a particular gender;
in defining terms, if used;
(iv) be clear, specific, and objective in defining terms, if used;
(v) prohibit any school board employee from enforcing the dress or groomingctive code by direct physical contact with a student or a student's attire;
(v) prohibit any school board employee from enforcing the dress or grooming code by direct physical contact with a student or a student's attire;
"Actual cost" means the actual price paid by a remote retail seller for each individual stock keeping unit or SKU.
"Actual cost" means the actual price paid by a remote retail seller for each individual stock keeping uni"Alternative nicotine product" means any noncombustible product containing nicotine that is not of 14 made of tobacco and is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.
"Alternative nicotine product" means any noncombustible product containing nicotine that is not made of tobacco and is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.
"Delivery sale" means a sale of liquid nicotine or nicotine vapor products to a consumer in the Commonwealth in which the consumer submits the order for the sale by telephone, over the Internet, or through the mail or another delivery system, and where the liquid nicotine or nicotine vapor products of 13 are shipped through a delivery service.
"Delivery sale" means a sale of liquid nicotine or nicotine vapor products to a consumer in the Commonwealth in which the consumer submits the order for the sale by telephone, over the Internet, or through the mail or another delivery system, and where the liquid nicotine or nicotine vapor products are shipped through a delivery service.
"Open system" means a nicotine vapor product designed and intended by the manufacturer to be reusable and refilled with liquid nicotine of the end user's choice.
of 14 "Open system" means a nicotine vapor product designed and intended by the manufacturer to be reusable and refilled with liquid nicotine of the end user's choice.
"Open system" does not include any closed system.
"Open system" does not incRude any closed system.
"Person" means any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
E venture, or other legal entity.l, corporation, partnership, association, company, business, trust, joint "Pipe tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered or purchased by consumers as tobacco to be smoked in N pipe.
"Pipe tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered or purchased by consumers as tobacco to be smoked in a pipe.
"Remote retail sale" means any sale of cigars or pipe tobacco to a consumer in the Commonwealth when (i) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise notOin the physical presence of the consumer when the request for the purchase or order is made, or (ii) the cigars method of remote delivery, or the seller is not in the physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
"Remote retail sale" means any sale of cigars or pipe tobacco to a consumer in the Commonwealth when (i) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the consumer when the request for the purchase or order is made, or (ii) the cigars or pipe tobacco are delivered to the consumer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
L "Remote retail seller" means a person located within or outside of this state the CommonwealEh that makes remote retail sales of cigars or pipe tobacco.
"Remote retail seller" means a person located within or outside of this state the Commonwealth that makes remote retail sales of cigars or pipe tobacco.
"Retail dealer" means every person who that sells or offers for sale any tobacco product or liquid nicotine to consumers at retail in a transaction other than a remote retail sale and includes any person that holds an approved Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Taxation.
"Retail dealer" means every person who that sells or offers for sale any tobacco product or liquid of 13 nicotine to consumers at retail in a transaction other than a remote retail sale and includes any person that holds an approved Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or an Other Tobacco Products Distributor's License issued by the Department of Taxation.
for Resale or an Other Tobacco Products Distributor's License issued by the Department of "SKU" means an individual stock keeping unit identifier used for tracking inventory.
"SKU" means an individual stock keeping unit identifier used for tracking inventory.
or (iii) "pipe tobacco" as defined in § 5702(n) of the Internal Revenue Code, and as such section may be amended.
or (iii) "pipe tobacco" as deSined in § 5702(n) of the Internal Revenue Code, and as such section may be amended.
"Tobacco products" shall also include loose leaf tobacco.
"Tobacco products" 5hall also include loose leaf tobacco.
§ 58.1-1021.02.
2 A.
Tax on tobacco products and liquid nicotine.
In addition to all other taxes now imposed by law, there is hereby imposed a tax upon theR privilege of selling or dealing in tobacco products and liquid nicotine in the Commonwealth by any person engaged in business as a distributor or remote retail seller thereof, at the following rates:
A.
In addition to all other taxes now imposed by law, there is hereby imposed a tax upon the privilege of selling or dealing in tobacco products and liquid nicotine in the Commonwealth by any person engaged in business as a distributor or remote retail seller thereof, at the following rates:
For purposes of the tax under this article, loose leaf tobacco shall be classified as loose leaf tobacco single-units, loose leaf tobacco half pound-units, and loose leaf tobacco pound-units.
For purposes of the tax under this article, loose leaf tobacco shall be classified as loose leaf shall be imposed on upon the distributor for loose leaf tobacco as follows:obacco pound-units.
Such tax shall be imposed on upon the distributor for loose leaf tobacco as follows:
Such tax a.
a.
The tax for each unit, pouch, or package of loose leaf tobacco shall be in accordance with the provisions of subdivisions a.
provisions of subdivisions a.
only and regardless of sales price.
only and regardless of sales price.n accordance with the 3.
3.
If the actual cost is not available, the average of the actual cost over the 12 calendar months before January 1 of the year in which the sale occurs.
If the actual cost is not available, the average of the actual cost over the 12 calendar months bef4.
4.
For any transaction involving liquid nicotine between a distributor and a retail dealer, both the distributor and the retail dealer shall maintain and retain records of any invoice or sales receipt that shall include itemized lists of the types of products included in such transaction, the tax due on each product pursuant to this subsection, and the total amount of taxes paid.
For any transaction involving liquid nicotine between a distributor and a retail dealer, both the shall include itemized lists of the types of products included in such transaction, the tax due on eacht of 14 product pursuant to this subsection, and the total amount of taxes paid.
A distributor that calculates and pays the tax pursuant to subdivision A 1 or A 2 in good faith of 13 reliance on the net weight listed by the manufacturer on the package or on the manufacturer's invoice shall not be liable for additional tax, or for interest or penalties, solely by reason of a subsequent determination that such weight information was incorrect.
A distributor that calculates and pays the tax pursuant to subdivision A 1 or A 2 in good faith reliance on the net weight listed by the manufacturer on the package or on the manufacturer's invoice shall not be liable for additional tax, or for interest or penalties, solely by reason of a subsequent determination that such weight information was incorrect.
Anyone who knowingly and willfully falsifies, conceals, or misrepresents a material fact or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application for a distributor's license to the Department, shall be is guilty of a Class 1 misdemeanor.
Anyone who knowingly and willfully falsifies, conceals, or misrepresents a material fact or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application for a distributor's license to the Department, shall be is guilty of a of 14 Class 1 misdemeanor.
The Department may establish an application or renewal fee not to exceed $750 to be retained by the Department to be applied to the administrative and other costs of processing distributor's license applications, conducting background investigations, and issuing distributor's licenses.
The Department may establish an application or renewal fee not to exceed $750 to be retained by the Department to be applied to the administrative and other costs of processRng distributor's license applications, conducting background investigations, and issuing distributEr's licenses.
Any amount collected pursuant to this section in excess of such costs as of June 30 in even numbered even-numbered years shall be reported to the State Treasurer and deposited into the state treasury.
even-numbered years shall be reported to the State Treasurer and deposited into the state treasury.d C.
C.
No person inside or outside the Commonwealth shall make a remote retail sale of cigars or pipe tobacco to consumers in the Commonwealth without (i) completing an application for and being granted a license as a remote retail seller;
No person inside or outside the Commonwealth shall make a remote retail sale of cigars or pipe tobacco to consumers in the Commonwealth without (i) completing an application for and beiNg granted a license as a remote retail seller;
(iv) providing for age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is of age;
(iO) providing for age verification through an independent, third-party age verification service that compares used by government agencies and businesses for the purpose of age and identity verification to theegularly personal information entered by the individual during the ordering process that establishes that the individual is of age;
and (v) if economic nexus thresholds are met, and excise tax is being remitted using the actual cost list method to calculate the excise tax, providing the remote retail seller's certified actual cost list to the Department for each SKU to be offered for remote retail sale in the subsequent calendar year.
and (v) if economic nexus thresholds are met, and excise tax is being remEtted using the actual cost list method to calculate the excise tax, providing the remote retail seller's certified actual cost list to the Department for each SKU to be offered for remote retail sale in the subsequent calendar year.
D.
Department shall, unless otherwise provided by this article, issue to the applicant a license, which shall permit the licensee to engage in business as a distributor at the place of business shown on the license.
B.
Upon receipt of an application in proper form and payment of the required license fee, the Department shall, unless otherwise provided by this article, issue to the applicant a license, which shall permit the licensee to engage in business as a distributor at the place of business shown on the license.
of 13 No license shall be transferable to any other person.
No license shall be transferable to any other person.
Distributor's licenses issued pursuant to this section shall be valid for a period of three years from the date of issue unless revoked by the Department in the manner provided herein.
Distributor's licenses issued pursuant to this section shall be valid for a period of three years from the date of issue unless revoked by the DepartmSnt in the manner provided herein.
The Department may at any time revoke the license issued to any distributor who is found guilty of violating or noncompliance with any of the provisions of this chapter, or any of the rules of the Department adopted and promulgated under authority of this chapter.
The Department may at any time revoke the license issued to any distrib5tor who is found guilty of violating or noncompliance with any of the provisions of this chapter, o2 any of shall suspend or revoke the license issued to any distributor who is found guilty of a second orent subsequent violation of subsection A or B of § 18.2-371.2.
The Department shall suspend or revoke the license issued to any distributor who is found guilty of a second or subsequent violation of subsection A or B of § 18.2-371.2.
2 C.
C.
Each application for a manufacturer's, distributor's, or retail dealer's liquid nicotine and nicotine vapor products license shall be accompanied by a fee to be prescribed by the Department.
Each application for a manufacturer's, distributor's, or retail dealer's liquid Department.
If the applicant is a corporation, the name and address of each of its principal officers shall be provided;
If the applicant is a corporation, the name andb.
b.
The Department shall conduct a background investigation, to include a Virginia criminal history records search of the applicant, or the responsible principals and managers of liquid nicotine and nicotine vapor products at the licensable locations that shall be submitted to the Federal Bureau of Investigation if the Department deems a national criminal records search necessary, on applicants for licensure as a liquid nicotine and nicotine vapor products manufacturer, distributor, or retailer, as applicable.
The Department shall conduct a background investigation, to include a Virginia criminal history records search of the applicant, or the responsible principals and managers of liquid nicotine and nicotine vapor products at the licensable locations that shall be submitted to the Federal Bureau of licensure as a liquid nicotine and nicotine vapor products manufacturer, distributor, or retailer, as applicable.
Anyone who knowingly and willfully falsifies, conceals, or misrepresents a material fact or knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in any application for a license to the Department is guilty of a Class 1 misdemeanor.
Anyone who knowingly and fictitious, or fraudulent statement or representation in any application for a license to the Department is of 14 guilty of a Class 1 misdemeanor.
Any of 13 person who is found guilty of violating or noncompliance with this subdivision shall be subject to the following penalties:
Any person who is found guilty of violating or noncompliance with this subdivision shall be subject to the following penalties:
The establishment of the guidelines and rules by the Tax Commissioner shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
The establishment of the guidelines and rules by the Tax Commissioner shall be exempt from the provisions of the of 14 Administrative Process Act (§ 2.2-4000 et seq.).
A.
R A.
A retail dealer shall not make a delivery sale of liquid nicotine or nicotine vapor products without a license issued pursuant to § 58.1-1021.04:1.
A retail dealer shall not make a delivery sale of liquid nicotine or nicotine vapor produEts without to a legal consumer.suant to § 58.1-1021.04:1.
Such delivery sales and any shipment shall be made only to a legal consumer.
Such delivery sales and any shipment shall be made only B.
B.
A retail dealer may not ship for delivery sale any liquid nicotine or nicotine vapor products without first making a good faith effort to verify the age of the purchaser of the liquid nicotNne or nicotine vapor products through an independent age verification software, service, or technology that compares information available from public records to the personal information entered by the R purchaser during the ordering process that establishes the purchaser is of legal age or older.
A retail dealer may not ship for delivery sale any liquid nicotine or nicotine vapor products without first making a good faith effort to verify the age of the purchaser of the liquid nicotine or nicotine vapor products through an independent age verification software, service, or technology that compares information available from public records to the personal information entered by the purchaser during the ordering process that establishes the purchaser is of legal age or older.
O C.
C.
Prior to shipment of liquid nicotine or nicotine vapor products for a delivery sale, a retail dealer an account in the consumer's name, by a credit card issued in the consumer's name, or by a debit card issued in the consumer's name.
Prior to shipment of liquid nicotine or nicotine vapor products for a delivery sale, a retail dealer shall be fully paid for the purchase and shall accept payment from the consumer by a check drawn on an account in the consumer's name, by a credit card issued in the consumer's name, or by a debit card issued in the consumer's name.
§ 58.1-1021.07.
E § 58.1-1021.07.
Before a retail dealer may sell liquid nicotine or nicotine vapor products to any consumer, the person selling, offering for sale, giving, or furnishing the liquid nicotine or nicotine vapor product shall verify that the consumer is of legal age by:
D Before a retail dealer may sell liquid nicotine or nicotine vapor products to any consumer, the person selling, offering for sale, giving, or furnishing the liquid nicotine or nicotine vapor product shall ver1.
1.
or 2.
or S 2.
For any delivery sale by a retail dealer to a consumer in the Commonwealth, performing an age verification through an independent, age verification software, service, or technology that compares information available from public records to the personal information entered by the purchaser during the ordering process that establishes that the purchaser is of legal age or older.
For any delivery sale by a retail dealer to a consumer in the Commonwealth, performing an5age verification through an independent, age verification software, service, or technology that com2ares the ordering process that establishes that the purchaser is of legal age or older.he purchaser Ruring § 58.1-1021.08.
of 13 § 58.1-1021.08.
A retail dealer shall sell liquid nicotine and nicotine vapor products only to consumers and is prohibited from selling to manufacturers, distributors, other retailer dealers, and any other commercial entities.
A retail dealer shall sell liquid nicotine and nicotine vapor products only to consumers and is prohibited from selling to manufacturers, distributors, other retailer dealers, and any other commercial entC.
C.
A manufacturer may use as an ingredient in liquid nicotine and a distributor or retail dealer may sell liquid nicotine containing a flavoring or food grade additive or synthetic flavoring substance that is used to add flavor and that is not prohibited by the federal Food and Drug Administration as an additive in nicotine vapor products.
A manufacturer may use as an ingredient in liquid nicotine and a distributor or retail dealer may sell liquid nicotine containing a flavoring or food grade additive or synthetic flavoring substance that is used to add flavor and that is not prohibited by the federal Food and Drug Administration as an add§ 58.1-1021.09.
§ 58.1-1021.09.
and c.
andc.
No person may sell, offer for sale, or otherwise distribute any liquid nicotine or nicotine vapor product with labeling or packaging that is not in compliance with 21 C.F.R.
No person may sell, offer for sale, or otherwise distribute any liquid nicotine or nicotine vapor pro1.
§ 1143.3 or that:
Imitates or mimics a trademark of any kind or trade dress of any food products, including candy, of 14 cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;
1.
Imitates or mimics a trademark of any kind or trade dress of any food products, including candy, cookies, cereal, juice boxes, or soft drinks, that are or have primarily been marketed to minors;
of 13 "Department" means the Department of Taxation.
"Department" means the Department of Taxation.
"Tobacco retail establishment" means any place of business where retail tobacco products are available for sale to the general public, including any grocery store, retail tobacco product shop, kiosk, convenience store, gasoline service station, bar, or restaurant where retail tobacco products are available for sale to the general public.
"Tobacco retail establishment" means any place of business where retail tobacco products are available for sale to the general public, including any grocery store, retail tobacco product shop, kiosk, convenience store, gasoline service station, bar, or restaurant where retail tobacco products are of 14 available for sale to the general public.
A.
R A.
No person shall sell or distribute at retail or offer for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, unless such liquid nicotine container meets child-resistant packaging standards.
No person shall sell or distribute at retail or offer for retail sale or distribution a lEquid nicotine child-resistant packaging standards.after October 1, 2015, unless such liquid nicotine container meets B.
B.
The requirements of subsection A shall not prohibit a wholesaler or retailer from selling its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can Nstablish that the inventory was purchased prior to October 1, 2015, in a quantity comparable to that of the inventory purchased during the same period of the prior year.
The requirements of subsection A shall not prohibit a wholesaler or retailer from selling its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can establish that the inventory was purchased prior to October 1, 2015, in a quantity comparable to that of the inventory purchased during the same period of the prior year.
R C.
C.
Any person who sells or distributes at retail or offers for retail sale or distribution aOliquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reason to 4 misdemeanor.
Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reason to know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class misdemeanor.
However, no person shall be guilty of a violation of this section who relies in good a Class faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.
However, no person shall be guilty of a violation of this section who relies in good faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.
E D.
D.
The provisions of subsection A shall be null, void, and of no force and effect upon the effective date of either enacted federal legislation or final regulations issued by the U.S.
The provisions of subsection A shall be null, void, and of no force and effect upon the effective Administration or by any other federal agency where such legislation or regulations mandate Drug child-resistant packaging for liquid nicotine containers.
Food and Drug Administration or by any other federal agency where such legislation or regulations mandate child-resistant packaging for liquid nicotine containers.
§ 59.1-293.12.
S § 59.1-293.12.
A.
5 A.
A retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246.10, 18.2-371.2, and 59.1-293.13, and any other state or local law related to the sale of retail tobacco products.
A retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246210, products.
If the Department determines that the retail dealer has violated any provision of this section, § 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other state or local law of 13 related to the sale of retail tobacco products, it shall conduct an unannounced investigation of the retail dealer within six months of such violation.
If the Department determines that the retail dealer has violated any provision of this section, § 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other state or local law dealer within six months of such violation.cts, it shall conduct an unannounced investigation of the retail 2.
2.
Any retail dealer found to be in violation of this subdivision 2 b shall be required to verify that any consumer who appears to be under 30 years of age is of legal age by verifying such consumer's government-issued photographic identification using fraud detection software, technology, or a scanner that confirms the authenticity of such identification;
Any retail dealer found to be in violation of this subdivision 2 b shall be required to verify that any consumer who photographic identification using fraud detection software, technology, or a scanner that confirms the authenticity of such identification;
For a fourth violation in a 36-month period, revocation of the retail dealer's Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor's License, and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation.
For a fourth violation in a 36-month period, revocation of the retail dealer's Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor's License, the most recent violation.ss any such certificate or license for a period of three years from the date of 3.
3.
Any retail dealer shall be required to attest that it has conducted education and training for its employees related to:
Any retail dealer shall be required to attest that it has conducted education and training for its emp1.
1.
2.
of 14 2.
View plain text versions (6)

Action History

  1. Acts of Assembly Chapter text (CHAP0796)

  2. Enacted, Chapter 796 (effective 7/1/24)

  3. Signed by Speaker as reenrolled

  4. Signed by President as reenrolled

  5. Reenrolled bill text (SB582ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. VOTE: Adoption (83-Y 14-N)

  9. House concurred in Governor's recommendation (83-Y 14-N)

  10. Senate concurred in Governor's recommendation (37-Y 3-N)

  11. Governor's recommendation received by Senate

  12. Impact statement from TAX (SB582ER)

  13. Governor's Action Deadline 11:59 p.m., April 8, 2024

  14. Enrolled Bill Communicated to Governor on March 27, 2024

  15. Signed by Speaker

  16. Signed by President

  17. Bill text as passed Senate and House (SB582ER)

  18. Enrolled

  19. Conference report agreed to by Senate (24-Y 16-N)

  20. VOTE: Adoption (89-Y 10-N)

  21. Conference report agreed to by House (89-Y 10-N)

  22. Conference substitute printed 24109004D-S2

  23. Amended by conference committee

  24. Delegates: Hope, Seibold, Leftwich

  25. Conferees appointed by House

  26. Senators: Ebbin, Favola, Pillion

  27. Conferees appointed by Senate

  28. Senate acceded to request (39-Y 0-N)

  29. House requested conference committee

  30. House insisted on substitute

  31. House substitute rejected by Senate (1-Y 38-N)

  32. Impact statement from TAX (SB582ES1)

  33. VOTE: Passage (85-Y 13-N)

  34. Passed House with substitute (85-Y 13-N)

  35. Engrossed by House - committee substitute SB582H1

  36. Committee substitute agreed to 24107934D-H1

  37. Read third time

  38. Read second time

  39. Committee substitute printed 24107934D-H1

  40. Reported from General Laws with substitute (21-Y 0-N)

  41. Referred to Committee on General Laws

  42. Read first time

  43. Placed on Calendar

  44. Passed Senate (40-Y 0-N)

  45. Constitutional reading dispensed (40-Y 0-N)

  46. Printed as engrossed 24107503D-ES1

  47. Engrossed by Senate - committee substitute with amendment SB582ES1

  48. Amendment by Senator Ebbin agreed to

  49. Reading of amendment waived

  50. Committee substitute agreed to 24107503D-S1

  51. Reading of substitute waived

  52. Read second time

  53. Constitutional reading dispensed (39-Y 0-N)

  54. Committee substitute printed 24107503D-S1

  55. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  56. Impact statement from TAX (SB582)

  57. Referred to Committee on Finance and Appropriations

  58. Prefiled and ordered printed; offered 01/10/24 24104756D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 55 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 82 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 821403
Total 821403
% of votes cast 83%14%0%3%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Not Voting
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Not Voting
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Not Voting
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 37 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37300
Total 37300
% of votes cast 93%8%0%0%
How each member voted (40)

Official roll call →

Passed 88 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 881001
Total 881001
% of votes cast 89%10%0%1%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Not Voting
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Nay

Official roll call →

Passed 24 Yea · 16 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241600
Total 241600
% of votes cast 60%40%0%0%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Failed 1 Yea · 38 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13801
Total 13801
% of votes cast 3%95%0%3%
How each member voted (40)

Official roll call →

VOTE: Passage (85-Y 13-N)

Passed 84 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 841302
Total 841302
% of votes cast 85%13%0%2%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Nay
Jason S. Ballard — Yea
Jeion A. Ward — Not Voting
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Not Voting
Terry G. Kilgore — Nay
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)

Official roll call →

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Subjects

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Frequently asked questions

What does SB 582 do?
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 dealer 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 within a 36-month period, (ii) a civil penalty of $5,000 for a second offense within a 36-month period such retail dealer shall become subject to specific age-verification requirements, (iii) a civil penalty of $10,000 and a 30-day suspension of such retail dealer's distributor's license for a third offense within a 36-month period, and (iv) revocation of such license and such retail dealer shall be ineligible to hold a license for a period of three years following the most recent violation for a fourth offense within a 36-month period. The bill requires the Department of Taxation, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retail dealer 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 for purchases on and after July 1, 2024. 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. This bill is identical to HB 790.
Who sponsors SB 582?
SB 582 is sponsored by Patrick A. Hope and Adam P. Ebbin.
What is the current status of SB 582?
This bill has been enacted into law. Introduced January 10, 2024. Enacted.
Where can I track SB 582?
Track SB 582 free on One Click Politics — get push/email alerts when it moves.

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