Virginia 2024 Regular Session Status: Enacted

HB 1069 — Liquid nicotine and nicotine vapor products; certification, removal of exclusion from directory.

Last action — Acts of Assembly Chapter text (CHAP0828)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  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.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 12 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Liquid nicotine and nicotine vapor products; certification and directory; penalties. Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be sold or removed from retail sale within 30 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill's provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.The bill authorizes the Attorney General and, with the concurrence of the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (a) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (b) order forfeiture of any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for enforcement purposes.The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.Finally, the bill makes a violation of its provisions a prohibited practice under the Virginia Consumer Protection Act. This bill is identical to SB 550.

Bill Text

What changed in the latest version

379 added · 405 removed

Plain-language change summary

The revised version of HB 1069 updates sections of the Code of Virginia to better address regulations around liquid nicotine and nicotine vapor products. The changes include adding new sections on certification and penalties related to these products, which aims to enhance consumer protection and ensure safer marketing practices. These updates are important because they help clarify the responsibilities of suppliers and improve transparency in the sale of nicotine-related products, potentially reducing fraud and misinformation.

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VIRGINIA ACTS OF ASSEMBLY -- 2024 RECONVENED SESSION CHAPTER 828 An Act to amend and reenact §§ 59.1-200 and 59.1-293.10 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 23.2 of Title 59.1 sections numbered 59.1-293.12 through 59.1-293.19, relating to liquid nicotine and nicotine vapor products;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 59.1-200 and 59.1-293.10 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 23.2 of Title 59.1 sections numbered 59.1-293.12 through 59.1-293.19, relating to liquid nicotine and nicotine vapor products;
[H 1069] Approved April 17, 2024 Be it enacted by the General Assembly of Virginia:
N R [H 1069] O Approved Be it enacted by the General Assembly of Virginia:
1.
L 1.
That §§ 59.1-200 and 59.1-293.10 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 23.2 of Title 59.1 sections numbered 59.1-293.12 through 59.1-293.19 as follows:
That §§ 59.1-200 and 59.1-293.10 of the Code of Virginia are amended and reenacted and that L the Code of Virginia is amended by adding in Chapter 23.2 of Title 59.1 sections numbered E 59.1-293.12 through 59.1-293.19 as follows:
transaction are hereby declared unlawful:actices committed by a supplier in connection with a consumer 1.
D A.
The following fraudulent acts or practices committed by a supplier in connection with a consumer tra1.
Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
Misrepresenting that goods or services have certain quantities, characteristics, ingredieHts, uses, or benefits;
6.
1 7.
Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
Advertising or offering for sale goods that are used, secondhand, repossessed, defective,6, or model;
7.
blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";
In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.
servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.
Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of 10.
10.
Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;
Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in man13.
13.
Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R.
Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required information in connection with the consumer transaction;
Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
statement, disclosure, notice, or other 14.
14.
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection of 7 with a consumer transaction;
Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, of 7 3.2-6516, or 3.2-6519 is a violation of this chapter;
Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
38.
of 7 38.
40.
R 40.
41.
E (§ 59.1-525 et seq.);provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 42.
Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 (§ 59.1-525 et seq.);
of 7 42.
43.
E 43.
44.
N 44.
46.
R 46.
47.
O 47.
48.
Violating any provision of Chapter 26 (§ 59.1-336 et seq.);
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of tEe recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.
51.
Violating any provision of Chapter 22 (§ 6.2-2200 et seq.) of Title 6.2;
Violating any provision of § 8.2-317.1;
Violating any provision of § 8.2-317.1;§ 6.2-2200 et seq.) of Title 6.2;
This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
This subdivision shall not apply to the sale or offering for sale of any building or sHructure in which defective drywall has been permanently installed or affixed;
55.
1 55.
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while 6 § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;
56.
2 56.
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60.
under Chapter 11 (§ 54.1-1100 et seq.) or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;fession licensed 61.
Violating any provision of § 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 (§ 54.1-1100 et seq.) or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;
61.
67.
Knowingly violating any provision of § 8.01-27.5;
As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound.
As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation original compound.
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 (§ 4.1-1600 et seq.) of Title 4.1;
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct per71.
71.
Selling or offering for sale any substance intended for human consumption, orally or by of 7 inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International of 7 Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.
The Attorney General shall establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted in accordance with the provisions of § 59.1-293.13.
The Attorney General shall establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and of 7 accurate certification forms have been submitted in accordance with the provisions of § 59.1-293.13.
The Attorney General shall update the directory as necessary.
TRe Attorney General shall update the directory as necessary.
§ 59.1-293.13.
E A.
Liquid nicotine and nicotine vapor product;
By December 31, 2025, and annually thereafter, every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth, whether directly or through aE wholesaler, distributor, retailer, or similar intermediary, shall certify in a form and manner Ns prescribed by the Attorney General that the manufacturer agrees to comply with the provisions of this chapter and that:
certification;
R 1.
penalty.
The manufacturer has received a marketing authorization or similar order for the liquid nOcotine or nicotine vapor product from the U.S.
A.
By December 31, 2025, and annually thereafter, every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth, whether directly or through a wholesaler, distributor, retailer, or similar intermediary, shall certify in a form and manner as prescribed by the Attorney General that the manufacturer agrees to comply with the provisions of this chapter and that:
1.
The manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S.
or of 7 2.
or 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the U.S.
The liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the U.S.
Food and Drug Administration or a final decision on the application has not otherwise taken effect.
Food and Erug Administration or a final decision on the application has not otherwise taken effect.
C.
Each certification form shall be accompanied by:
2.
H 2.
A fee of $2,000 for each liquid nicotine and nicotine vapor product, to be remitted with the manufacturer's first certification submission that identifies any such product and with any resubmission of a certification for any such product following any period of noncertified status;
A fee of $2,000 for each liquid nicotine and nicotine vapor product, to be remitted with 1he manufacturer's first certification submission that identifies any such product and with any res6bmission of 3.
and 3.
Food and Drug Administration that affects the ability of the liquid nicotine or nicotine vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States.
Food and Drug Administration interstate commerce for commercial distribution in the United States.duct to be introduced or delivered into E.
E.
The Attorney General shall, in accordance with the provisions of this section, remove or exclude from the directory any liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product that the Attorney General determines is not in compliance with the provisions of this chapter.
The Attorney General shall, in accordance with the provisions of this section, remove or exclude from the directory any liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or this chapter.r product that the Attorney General determines is not in compliance with the provisions of B.
B.
The liquid nicotine or nicotine vapor product manufacturer shall have 10 business days from receipt of such notice to establish that the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product meets the requirements to be included in the directory.
The liquid nicotine or nicotine vapor product manufacturer shall have 10 business days from receipt of such notice to establish that the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product meets the manufacturer fails to establish compliance within the 10-business-day period, the Attorney General shall remove or exclude from the directory the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product.
If the liquid nicotine or nicotine vapor product manufacturer fails to establish compliance within the 10-business-day period, the Attorney General shall remove or exclude from the directory the liquid nicotine or nicotine vapor product manufacturer or liquid nicotine or nicotine vapor product.
1.
product intended for retail sale in the Commonwealth from its inventory and return the product to theh of 7 manufacturer for disposal.
Each retailer, distributor, and wholesaler shall have 30 days to sell the product or remove such product intended for retail sale in the Commonwealth from its inventory and return the product to the manufacturer for disposal.
Any nonresident manufacturer of liquid nicotine or nicotine vapor products that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, as a condition precedent to being included in the directory established by the Attorney General pursuant to of 7 § 59.1-293.12, appoint and continually engage without interruption the services of an agent in the Commonwealth to act as agent for the service of process in any action or proceeding against such nonresident manufacturer concerning or arising out of the enforcement of this chapter, and such nonresident manufacturer may be served in any manner authorized by law.
Any nonresident manufacturer of liquid nicotine or nicotine vapor products that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, as a condition precedent to being included in the directory established by the Attorney General pursuant to § 59.1-293.12, appoint and continually engage without interruption the services of an agent in the Commonwealth to act as agent for the service of process in any action or proceeding against such nonresident manufacturer concerning or arising out of the enforcement of this chapter, and such nonresident manufacturer may be served in any manner authorized by law.
Beginning December 31, 2025, no liquid nicotine or nicotine vapor product manufacturer shall sell for retail sale, either directly or through a wholesaler, distributor, retailer, or similar intermediary or intermediaries, a liquid nicotine or nicotine vapor product in the Commonwealth unless such liquid nicotine or nicotine vapor product is included in the directory established by the Attorney General pursuant to § 59.1-293.12.
Beginning December 31, 2025, no liquid nicotine or nicotine vapor product manufacturer shall sell for retail sale, either directly or through a wholesaler, distributor, retailer, or similar intermediary of 7 or intermediaries, a liquid nicotine or nicotine vapor product in the Commonwealth unless such liquid pursuant to § 59.1-293.12.
C.
product is included in the directory established by the Attorney GenRral C.
Any person that violates the provisions of subsection A is subject to a fine of $1,000 per day for each product offered for sale in violation until the offending product is removed from the market or until the offending product is properly listed on the directory.
Any person that violates the provisions of subsection A is subject to a fine of $1,000 per day for each product offered for sale in violation until the offending product is removed from the markEt or until the offending product is properly listed on the directory.
A liquid nicotine or nicotine vapor product manufacturer that violates the provisions of subsection B is subject to a fine of $1,000 per day for each product offered for sale in violation until the offending product is removed from the market or until the offending product is properly listed on the directory.
A liquid nicotine or nicotine vapor product manufacturer that violates the provisions of Nubsection product is removed from the market or until the offending product is properly listed on the directory.nding E.
E.
Each retailer shall have 60 days from the date that the Attorney General first makes the directory available for inspection on its public website to sell any products that were in its inventory and not included in the directory or to remove from inventory and return such products to the manufactuLer for disposal.
Each retailer shall have 60 days from the date that the Attorney General first makes the directory available for inspection on its public website to sell any products that were in its inventory and not included in the directory or to remove from inventory and return such products to the manufacturer for disposal.
L F.
F.
Each distributor or wholesaler shall have 60 days from the date that the Attorney General first sale in the Commonwealth from its inventory and return such products to the manufacturer for disposal.
Each distributor or wholesaler shall have 60 days from the date that the Attorney General first makes the directory available for inspection on its public website to remove any products intended for sale in the Commonwealth from its inventory and return such products to the manufacturer for disposal.
In an action brought under this section, the attorney for the Commonwealth or the attorney for of 7 the county, city, or town may recover reasonable costs of investigation, the costs of the action, and attorney fees.
In an action brought under this section, the attorney for the Commonwealth or the attorney for the county, city, or town may recover reasonable costs of investigation, the costs of the action, and attorney fees.
Any civil penalties assessed under this section in an action brought in the name of a locality shall be paid into the general fund of the locality.
Any civil penalties assessed under this section in an action brought in the name of a locality shall be I.
I.
Notwithstanding any other provisions of law to the contrary, any attorney for the Commonwealth or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth or of the county, city, or town to enjoin any violation of this chapter.
Notwithstanding any other provisions of law to the contrary, any attorney for the CommonwHalth or the attorney for any city, county, or town may cause an action to be brought in the appropri1te circuit court in the name of the Commonwealth or of the county, city, or town to enjoin any vio6ation of existence of an adequate remedy at law.
The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law.
B.
R B.
Each violation of this chapter shall constitute a separate violation and shall be subject to any penalties imposed under this chapter.
Each violation of this chapter shall constitute a separate violation and shall be subject to any penD.
D.
The Attorney General shall provide an annual report on or before January 31 to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, revenues and expenditures related to the administration of this chapter, and enforcement activities undertaken pursuant to this chapter.
The Attorney General shall provide an annual report on or before January 31 to the General revenues and expenditures related to the administration of this chapter, and enforcement activitiesy, undertaken pursuant to this chapter.
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Action History

  1. Acts of Assembly Chapter text (CHAP0828)

  2. Enacted, Chapter 828 (effective 7/1/25)

  3. Signed by President as reenrolled

  4. Signed by Speaker as reenrolled

  5. Reenrolled bill text (HB1069ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. Senate concurred in Governor's recommendation (39-Y 1-N)

  9. VOTE: Adoption (92-Y 1-N)

  10. House concurred in Governor's recommendation (92-Y 1-N)

  11. Governor's recommendation received by House

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

  13. Enrolled Bill communicated to Governor on March 11, 2024

  14. Impact statement from DPB (HB1069ER)

  15. Bill text as passed House and Senate (HB1069ER)

  16. Enrolled

  17. VOTE: Adoption (94-Y 3-N)

  18. Senate amendments agreed to by House (94-Y 3-N)

  19. Passed Senate with amendments (37-Y 2-N)

  20. Engrossed by Senate as amended

  21. Committee amendments agreed to

  22. Reading of amendments waived

  23. Read third time

  24. Reported from Finance and Appropriations (15-Y 0-N)

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

  26. Rereferred to Finance and Appropriations

  27. Reported from Commerce and Labor with amendments (15-Y 0-N)

  28. Senate committee, floor amendments and substitutes offered

  29. Referred to Committee on Commerce and Labor

  30. Constitutional reading dispensed

  31. VOTE: Block Vote Passage (99-Y 0-N)

  32. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  33. Impact statement from DPB (HB1069E)

  34. Engrossed bill reprinted 24107170D-EH1

  35. Printed as engrossed 24104971D-E

  36. Engrossed by House - committee substitute HB1069EH1

  37. Committee on Appropriations amendment agreed to

  38. Committee on General Laws substitute agreed to 24107170D-H1

  39. Read second time

  40. Read first time

  41. House subcommittee amendments and substitutes offered

  42. Reported from Appropriations with amendment(s) (20-Y 0-N)

  43. Subcommittee recommends reporting with amendments (6-Y 1-N)

  44. Impact statement from DPB (HB1069H1)

  45. Assigned App. sub: Transportation & Public Safety

  46. Referred to Committee on Appropriations

  47. Committee substitute printed 24107170D-H1

  48. Reported from General Laws with substitute (20-Y 0-N)

  49. Subcommittee recommends referring to Committee on Appropriations

  50. Subcommittee recommends reporting with substitute (8-Y 0-N)

  51. House subcommittee amendments and substitutes offered

  52. Assigned GL sub: ABC/Gaming

  53. Impact statement from DPB (HB1069)

  54. Referred to Committee on General Laws

  55. Prefiled and ordered printed; offered 01/10/24 24104971D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"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

VOTE: Adoption (92-Y 1-N)

Passed 91 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 91107
Total 91107
% of votes cast 92%1%0%7%
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 — Yea
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. — Not Voting
Gilbert, C. Todd — Not Voting
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Not Voting
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 — Not Voting
Mike A. Cherry — Yea
Milde, Paul V. — Yea
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
R. Lee Ware — Not Voting
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 — Not Voting
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Senate concurred in Governor's recommendation (39-Y 1-N)

Passed 39 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39100
Total 39100
% of votes cast 98%3%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. — 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

Official roll call →

Passed Senate with amendments (37-Y 2-N)

Passed 37 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37201
Total 37201
% of votes cast 93%5%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. — 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 — Nay
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

Official roll call →

VOTE: Adoption (94-Y 3-N)

Passed 93 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 93303
Total 93303
% of votes cast 94%3%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 — Yea
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. — Not Voting
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Not Voting
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 — Not Voting
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 — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
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 — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
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 →

Reported from Finance and Appropriations (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% 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

Official roll call →

Constitutional reading dispensed (39-Y 0-N)

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)
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. — Not Voting

Official roll call →

Reported from Commerce and Labor with amendments (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Block Vote Passage (99-Y 0-N)

Passed 98 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 98001
Total 98001
% of votes cast 99%0%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 — Yea
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
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 — Not Voting
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 — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Yea
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 — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Appropriations with amendment(s) (20-Y 0-N)

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20002
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Alex Q. Askew — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Coyner, Carrie E. — Yea
David A. Reid — Yea
Delores L. McQuinn — Not Voting
Ellen H. McLaughlin — Not Voting
James W. Morefield — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marshall, Daniel W., III — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea

Official roll call →

Reported from General Laws with substitute (20-Y 0-N)

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20002
Total 20002
% of votes cast 91%0%0%9%
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 — Not Voting
Ellen H. McLaughlin — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Holly M. Seibold — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Knight, Barry D. — Yea
Luke E. Torian — Not Voting
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Terry L. Austin — Yea

Official roll call →

Subcommittee recommends reporting with substitute (8-Y 0-N)

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Bulova, David L. — Not Voting
Elizabeth B. Bennett-Parker — Yea
Holly M. Seibold — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Knight, Barry D. — Yea
Luke E. Torian — Yea
Marcia S. "Cia" Price — Yea
Paul E. Krizek — Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

What does HB 1069 do?
Liquid nicotine and nicotine vapor products; certification and directory; penalties. Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be sold or removed from retail sale within 30 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill's provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.The bill authorizes the Attorney General and, with the concurrence of the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (a) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (b) order forfeiture of any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for enforcement purposes.The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.Finally, the bill makes a violation of its provisions a prohibited practice under the Virginia Consumer Protection Act. This bill is identical to SB 550.
Who sponsors HB 1069?
HB 1069 is sponsored by Rodney T. Willett, Holly M. Seibold, and Betsy B. Carr.
What is the current status of HB 1069?
This bill has been enacted into law. Introduced January 10, 2024. Enacted.
Where can I track HB 1069?
Track HB 1069 free on One Click Politics — get push/email alerts when it moves.

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