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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:
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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;
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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;
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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.
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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.
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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.
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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;
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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.);
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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.
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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;
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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;
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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;
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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.
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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;
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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:
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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:
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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.
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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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