Tobacco products retailers; purchase, possession, and sale of retail tobacco products.
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SB 582 — Tobacco products retailers; purchase, possession, and sale of retail tobacco products.
Last action — Acts of Assembly Chapter text (CHAP0796)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 10, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 17, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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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 removedPlain-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.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2024 RECONVENED SESSION CHAPTER 796R 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 sectionssectiNns numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14, relating to purchase, possession, and sale of retail tobacco products;
R O [S 582] Approved AprilL 17,L 2024 Be it enacted by the General Assembly of Virginia:
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 amendedamendeD Titleand 58.1reenacted sectionsand numberedthat 58.1-1021.06the throughCode 58.1-1021.09of andVirginia is amended by adding in Article 2.1 of Chapter 23.210 offof Title 59.1 sections numbered 59.1-293.12, 59.1-293.13, and 59.1-293.14 as follows: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 prospectiveproSpective consumer in writing that certifies the prospective consumer's address and that the consumer is at5t least 21 yearssigning another person's name to such certification is illegal, (b) that the sale of age.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;
Such2 statement2. 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.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,proTobacco products, nicotine vapor products, alternative nicotine products, and No person shall sell retail tobacco products or hemp productproducts intended for smoking.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.
NoThe 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 shall(i) attemptmaking toa purchase,delivery purchase,of or possess any tobacco product,products, nicotine vapor product,products, alternative nicotine product,products, or hemp productproducts intended for smoking.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 of 14 service for a second or subsequent violation.
Upon a violation of subsection B,BR the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
For any violation of thisthisEsection sectionand by(ii) an employeeadditional penalty of a$100 retail establishment, (i) such penalty shall be assessed against the employee.gainst the establishment andAny (ii)attorney anfor additionalthe penaltyCommonwealth of $100the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be assessedpaid againstinto the employee.state treasury.
ofNny 13law-enforcement Anyofficer attorneymay forissue thea Commonwealthsummons offor thea county or city in which an alleged violation occurredof maysubsection bringA, anor actionB, toor recoverC. the civil penalty, which shall be paid into the state treasury.
Any law-enforcement officer may issue a summons for a violation of subsection A, or B, or C.
The proprietor of every retail O 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.
Any attorney for the county, city, or town in which an alleged violation of this subsectionsubsectioE 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.
No filing fee or other fee or cost shall bebS charged to the county, city, or town which instituted the action.
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 regulatedU.S.C. as a drug or device by the U.S.
Food§ 351 et seq.) of the Federal Food, Drug, and DrugCosmetic AdministrationAct.tion (FDA) under Chapter V (21 U.S.C."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"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 thosetho"Nicotine termsvapor areproduct" definedmeans 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 3.2-4112.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 regulatedCosmetic byAct.the the FDA under Chapter V (21 U.S.C.
Show all 155 changed lines (115 more)
§ 351 et seq.) of the Federal Food, Drug, and Cosmeticof Act.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.
§ 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 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 drugdrRg testing in schools, including which groups may be tested, use of test results, confidentiality ofEf test information, privacy considerations, consent to the testing, need to know, and release of the test results to the appropriate school authority.
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.
N B.
School boards shall include in the regulationsregulationO on codes of student conduct procedures for suspension, expulsion, and exclusion decisions and shall biennially ofsafe, 13nondisruptive reviewenvironment thefor modeleffective studentteaching conductand codelearning.ons to incorporate discipline options and alternatives to preservepreLerve a safe,C. nondisruptive environment for effective teaching and learning.
C.
School boards shall also cite in their codes of studentstudentEconduct 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.
Each school board shall include in its code of student conduct policies and procedures that includestandards afor prohibitionschool againstboard 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)not be consistentinterpreted withto theinfringe standardsupon for school board policies on bullying and the useFirst ofAmendment electronicrSghts means for purposes of bullyingstudents developedand byare thenot Boardintended pursuant to subsectionprohibit Aexpression andof (ii)religious, directphilosophical, the principal or hispolitical designee5iews, toprovided notifythat thesuch parentexpression ofdoes anynot studentcause involved in an allegedactual, incidentmaterial ofdisruption bullying within 24 hours of learning of the allegationwork of bullying.the 2chool.
Suchdevices policies and procedureslaser shallpointers notby bestudents interpretedon toschool infringeproperty uponor theattending Firstschool Amendmentfunctions rightsor ofactivities students and areestablish notdisciplinary intendedprocedures pursuant to prohibitthis expressionarticle ofto religious,which philosophical,students orviolating political views, provided that such expressionregulations doeswill notbe causesubject. an actual, material disruption of the work of the school.
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 § 22.1-279.7.2G.
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-siteoff-sitese terms are school-sponsored activity.
(iii)in notdefining haveterms, aif disparateused; impact on students of a particular gender;
(iv)(v) beprohibit clear,any specific,school andboard objectiveemployee infrom definingenforcing terms,the ifdress used;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 unituni"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 SKU.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.
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 includeincRude any closed system.
"Person"E meansventure, anyor individual,other legal entity.l, corporation, partnership, association, company, business, trust, joint venture,"Pipe tobacco" means any tobacco that, because of its appearance, type, packaging, or otherlabeling, legalis entity.suitable for use and likely to be offered or purchased by consumers as tobacco to be smoked in N pipe.
"Pipe"Remote tobacco"retail sale" means any sale of cigars or pipe tobacco that,to becausea consumer in the Commonwealth when (i) the consumer submits the order for the sale by means of itsa appearance,telephone type,or packaging,other method of voice transmission, the mail, or labeling,the Internet or other online service, or the seller is suitableotherwise notOin the physical presence of the consumer when the request for usethe andpurchase likelyor toorder beis offeredmade, or purchased(ii) bythe consumerscigars asmethod tobaccoof toremote bedelivery, smokedor the seller is not in athe pipe.physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
L "Remote retail sale"seller" means any sale of cigars or pipe tobacco to a consumerperson inlocated thewithin Commonwealth when (i) the consumer submits the order for the sale by means of a telephone or otheroutside method of voicethis transmission,state the mail,CommonwealEh orthat themakes 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,retail orsales the seller is not in the physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
"Remote"Retail retaildealer" seller" means aevery person locatedwho withinthat sells or outsideoffers offor thissale stateany thetobacco Commonwealthproduct thator makesliquid nicotine to consumers at retail in a transaction other than a remote retail salessale ofand cigarsincludes orany pipeperson tobacco.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 saleResale any tobacco product or liquidan ofOther 13Tobacco nicotineProducts toDistributor's consumersLicense atissued retailby inthe aDepartment transactionof other"SKU" thanmeans a remote retail sale and includes any person that holds an approvedindividual Retailstock Saleskeeping andunit Useidentifier Taxused Exemption Certificate for Stampedtracking Cigarettesinventory. Purchased for Resale or an Other Tobacco Products Distributor's License issued by the Department of Taxation.
"SKU" means an individual stock keeping unit identifier used for tracking inventory.
or (iii) "pipe tobacco" as defineddeSined in § 5702(n) of the Internal Revenue Code, and as such section may be amended.
"Tobacco products" shall5hall also include loose leaf tobacco.
§2 58.1-1021.02.A.
TaxIn onaddition 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.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 tobaccoshall single-units,be looseimposed leafon tobaccoupon halfthe pound-units,distributor andfor loose leaf tobacco as follows:obacco pound-units.
Such tax shalla. be imposed on upon the distributor for loose leaf tobacco as follows:
a.
The tax for each unit, pouch, or package of loose leaf tobacco shall be in accordance with the provisions of subdivisions a.
only and regardless of sales price.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 beforebef4. January 1 of the year in which the sale occurs.
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 eacheacht 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.
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 processingprocessRng distributor's license applications, conducting background investigations, and issuing distributor'sdistributEr'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.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 beingbeiNg granted a license as a remote retail seller;
(iv)(iO) 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 thetheegularly 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 remittedremEtted 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.
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 DepartmentDepartmSnt in the manner provided herein.
The Department may at any time revoke the license issued to any distributordistrib5tor who is found guilty of violating or noncompliance with any of the provisions of this chapter, oro2 any of shall suspend or revoke the ruleslicense issued to any distributor who is found guilty of thea Departmentsecond adoptedorent andsubsequent promulgatedviolation underof authoritysubsection A or B of this§ chapter.18.2-371.2.
The2 DepartmentC. 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.
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.
If the applicant is a corporation, the name andandb. address of each of its principal officers shall be provided;
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.
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 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:
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.).
R A.
A retail dealer shall not make a delivery sale of liquid nicotine or nicotine vapor productsproduEts without to a licenselegal issuedconsumer.suant pursuant to § 58.1-1021.04:1.
Such delivery sales and any shipment shall be made only toB. a legal consumer.
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.
AO retailC. 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.
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.
E § 58.1-1021.07.
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 verifyver1. that the consumer is of legal age by:
1.
or S 2.
For any delivery sale by a retail dealer to a consumer in the Commonwealth, performing anan5age age verification through an independent, age verification software, service, or technology that comparescom2ares 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.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.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 additiveadd§ in58.1-1021.09. nicotine vapor products.
§ 58.1-1021.09.
andandc. c.
No person may sell, offer for sale, or otherwise distribute any liquid nicotine or nicotine vapor productpro1. with labeling or packaging that is not in compliance with 21 C.F.R.
§Imitates 1143.3or mimics a trademark of any kind or that: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.
"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.
R A.
No person shall sell or distribute at retail or offer for retail sale or distribution a liquidlEquid nicotine containerchild-resistant inpackaging thestandards.after Commonwealth on or after October 1, 2015, unless such liquid nicotine container meets child-resistantB. packaging standards.
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.
TheR requirementsC. 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.
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.
AnyHowever, no person whoshall sellsbe orguilty distributesof ata retailviolation orof offersthis forsection retailwho salerelies orin distributiongood a liquidClass nicotinefaith container in the Commonwealth on orany afterinformation Octoberprovided 1,by 2015,the thatmanufacturer heof knowsa orliquid hasnicotine reasoncontainer tothat knowsuch doescontainer notmeets satisfy the child-resistantrequirements packagingof standards required by this sectionsection. is guilty of a Class misdemeanor.
However,E noD. 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.
D.
The provisions of subsection A shall be null, void, and of no force and effect upon the effective dateAdministration ofor eitherby enactedany other federal agency where such legislation or final regulations issuedmandate byDrug thechild-resistant U.S.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.
S § 59.1-293.12.
5 A.
A retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246.10,18.2-246210, 18.2-371.2, and 59.1-293.13, and any other state or local law related to the sale of retail tobacco 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 ofdealer 13within relatedsix tomonths the sale of retailsuch tobaccoviolation.cts, products, it shall conduct an unannounced investigation of the retail dealer2. within six months of such violation.
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;
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, andthe ineligibilitymost torecent possessviolation.ss any such certificate or license for a period of three years from the date of the3. most recent violation.
3.
Any retail dealer shall be required to attest that it has conducted education and training for its employeesemp1. related to:
1.
of 14 2.
Show all 155 changed rows (115 more)
View plain text versions (6)
- SB582ER2 View text pdf April 17, 2024
- CHAP0796 View text Current pdf April 17, 2024
- SB582ER View text pdf March 25, 2024
- Conference Substitute Conference substitute printed 24109004D-S2 pdf March 07, 2024
- Committee Substitute Committee substitute printed 24107934D-H1 pdf February 20, 2024
- SB582ES1 View text pdf February 12, 2024
Action History
-
Acts of Assembly Chapter text (CHAP0796)
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Enacted, Chapter 796 (effective 7/1/24)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB582ER2)
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Reenrolled
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Governor's recommendation adopted
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VOTE: Adoption (83-Y 14-N)
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House concurred in Governor's recommendation (83-Y 14-N)
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Senate concurred in Governor's recommendation (37-Y 3-N)
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Governor's recommendation received by Senate
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Impact statement from TAX (SB582ER)
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Governor's Action Deadline 11:59 p.m., April 8, 2024
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Enrolled Bill Communicated to Governor on March 27, 2024
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Signed by Speaker
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Signed by President
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Bill text as passed Senate and House (SB582ER)
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Enrolled
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Conference report agreed to by Senate (24-Y 16-N)
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VOTE: Adoption (89-Y 10-N)
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Conference report agreed to by House (89-Y 10-N)
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Conference substitute printed 24109004D-S2
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Amended by conference committee
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Delegates: Hope, Seibold, Leftwich
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Conferees appointed by House
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Senators: Ebbin, Favola, Pillion
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (1-Y 38-N)
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Impact statement from TAX (SB582ES1)
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VOTE: Passage (85-Y 13-N)
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Passed House with substitute (85-Y 13-N)
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Engrossed by House - committee substitute SB582H1
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Committee substitute agreed to 24107934D-H1
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Read third time
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Read second time
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Committee substitute printed 24107934D-H1
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Reported from General Laws with substitute (21-Y 0-N)
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 24107503D-ES1
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Engrossed by Senate - committee substitute with amendment SB582ES1
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Amendment by Senator Ebbin agreed to
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Reading of amendment waived
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Committee substitute agreed to 24107503D-S1
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Reading of substitute waived
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Read second time
-
Constitutional reading dispensed (39-Y 0-N)
-
Committee substitute printed 24107503D-S1
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Reported from Finance and Appropriations with substitute (15-Y 0-N)
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Impact statement from TAX (SB582)
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Referred to Committee on Finance and Appropriations
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Prefiled and ordered printed; offered 01/10/24 24104756D
Sponsors
- Patrick A. Hope · Cosponsor
- Adam P. Ebbin · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 82 | 14 | 0 | 3 |
| Total | 82 | 14 | 0 | 3 |
| % of votes cast | 83% | 14% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 3 | 0 | 0 |
| Total | 37 | 3 | 0 | 0 |
| % of votes cast | 93% | 8% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 88 | 10 | 0 | 1 |
| Total | 88 | 10 | 0 | 1 |
| % of votes cast | 89% | 10% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 16 | 0 | 0 |
| Total | 24 | 16 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Not Voting |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 38 | 0 | 1 |
| Total | 1 | 38 | 0 | 1 |
| % of votes cast | 3% | 95% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Nay |
| Angelia Williams Graves | — | Nay |
| Barbara A. Favola | — | Nay |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Carroll Foy, Jennifer D. | — | Nay |
| Christie New Craig | — | Nay |
| Christopher T. Head | — | Nay |
| Danica A. Roem | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Nay |
| Ebbin, Adam P. | — | Nay |
| Emily M. Jordan | — | Nay |
| Glen H. Sturtevant, Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Nay |
| J.D. "Danny" Diggs | — | Nay |
| Jennifer B. Boysko | — | Nay |
| Jeremy S. McPike | — | Nay |
| L. Louise Lucas | — | Nay |
| Lamont Bagby | — | Nay |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Nay |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| McGuire, John J., III | — | Nay |
| R. Creigh Deeds | — | Nay |
| Richard H. Stuart | — | Nay |
| Russet Perry | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saddam Azlan Salim | — | Nay |
| Schuyler T. VanValkenburg | — | Nay |
| Scott A. Surovell | — | Nay |
| Stella G. Pekarsky | — | Nay |
| Subramanyam, Suhas | — | Nay |
| T. Travis Hackworth | — | Nay |
| Tammy Brankley Mulchi | — | Nay |
| Tara A. Durant | — | Nay |
| Timmy French | — | Nay |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 84 | 13 | 0 | 2 |
| Total | 84 | 13 | 0 | 2 |
| % of votes cast | 85% | 13% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Arnold, Jonathan, E. P. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Yea |
| Bulova, David L. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Elizabeth B. Bennett-Parker | — | Yea |
| Ellen H. McLaughlin | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Holly M. Seibold | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| James W. Morefield | — | Yea |
| Joshua E. Thomas | — | Yea |
| Joshua G. Cole | — | Yea |
| Karrie K. Delaney | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Paul E. Krizek | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Terry L. Austin | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Not Voting |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barbara A. Favola | — | Yea |
| Bryce E. Reeves | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
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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