Virginia 2024 Regular Session Status: In Committee

HB 1509 — Nicotine vapor products; restrictions on sale of products containing liquid nicotine/hemp products.

Last action — Left in Appropriations

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

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Restrictions on the sale of nicotine vapor products containing liquid nicotine and hemp products intended for smoking;civil penalties. Provides restrictions and prohibitions on certainretail sales that include (i) restrictions on the number of nicotinevapor products containing liquid nicotine, liquid nicotine containers,and hemp products intended for smoking, as such terms are defined in the bill, that may be sold in one transaction to a consumer; (ii)packaging, labeling, and signage requirements for those selling anynicotine vapor products containing liquid nicotine or hemp productsintended for smoking; (iii) advertising and marketing requirementsfor those selling any nicotine vapor products containing liquid nicotineor hemp products intended for smoking; (iv) education requirementsfor employees at retail establishments selling nicotine vapor productscontaining liquid nicotine or hemp products intended for smoking;and (v) online delivery sale requirements of nicotine vapor productscontaining liquid nicotine or hemp products intended for smoking.The Virginia Alcoholic Beverage Control Authority and the VirginiaDepartment of Agriculture and Consumer Services, as applicable, shallenforce such requirements and restrictions and shall impose civilpenalties on violations thereof.

Bill Text

What changed in the latest version

333 added · 297 removed

Plain-language change summary

The revised version of Bill HB 1509 introduces additional restrictions on the sale of nicotine vapor products and hemp products intended for smoking, specifically increasing the age limit to 21. It prohibits the sale of these products from vending machines unless they are clearly marked and located in areas not accessible to those under 21. This change is significant as it aims to better protect young people from potential health risks associated with these substances.

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SESSION INTRODUCED 24105629D I HOUSE BILL NO.
SESSION HOUSE SUBSTITUTE 24106980D HOUSE BILL NO.
1509 Offered January 19, 2024 N A BILL to amend and reenact §§ 18.2-371.2, 58.1-1021.01, 59.1-293.10, and 59.1-293.11 of the CTde section numbered 59.1-293.12, relating to restrictions on the sale of nicotine vapor productRa containing liquid nicotine and hemp products intended for smoking;
1509 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 6, 2024) (Patron Prior to Substitute––Delegate Seibold) A BILL to amend and reenact §§ 18.2-371.2, 58.1-615, 58.1-1021.01, 59.1-293.10, and 59.1-293.11 of in Chapter 23.2 of Title 59.1 a section numbered 59.1-293.12, relating to restrictions on the sale of nicotine vapor products containing liquid nicotine and hemp products intended for smoking;
–––––––––– O Patrons––Seibold, Clark, Hope, Martinez, Rasoul and Simonds;
Be it enacted by the General Assembly of Virginia:
Senators:
1.
Boysko and Pekarsky D –––––––––– Referred to Committee on Labor and Commerce U –––––––––– C Be it enacted by the General Assembly of Virginia:
That §§ 18.2-371.2, 58.1-615, 58.1-1021.01, 59.1-293.10, and 59.1-293.11 of the Code of Virginia of Title 59.1 a section numbered 59.1-293.12 as follows:is amended by adding in Chapter 23.2 H § 18.2-371.2.
amended and reenacted and that the Code of Virginia is amended by adding in Chapter 23.2 ofre E Title 59.1 a section numbered 59.1-293.12 as follows:
Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 O years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age;
D § 18.2-371.2.
Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age;
A.
U A.
No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person less than 21 years of age, knowing or having reason to believe that such person is less than 21 intended for smoking.acco product, nicotine vapor product, alternative nicotine product, or hemp product Tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking may be sold from a vending machine only if the machine is (i) posted with a notice,5in a conspicuous manner and place, indicating that the purchase or possession of such products by pe9sons 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.
No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any years of age, any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.
An establishment that prohibits the presence of persons under 21 years of age unless accompanied by a person 21 years of age or older is not open to the general public.
E Tobacco products, nicotine vapor products, alternative nicotine products, and 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 pSblic and is of persons under 21 years of age unless accompanied by a person 21 years of age or older is not opennce to the general public.
product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.
B.
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 35 nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part 36 of a scientific study being conducted by an organization for the purpose of medical research to further / 37 efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided 38 that such medical research has been approved by an institutional review board pursuant to applicable Title 32.1.
No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoSing.
This subsection shall not apply to purchase, attempt to purchase, or possession by aseq.) of law-enforcement officer or his agent when the same is necessary in the performance of his duties.
The provisions of this subsection shall not be applicable to the possession of tobacco products, niTotine than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternatives nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part 36 of a scientific study being conducted by an organization for the purpose of medical research toTfurther 37 efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided / 38 that such medical research has been approved by an institutional review board pursuant to applicable 39 federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 etTseq.) of law-enforcement officer or his agent when the same is necessary in the performance of his dutieE.
Such identification is not required from an individual whom the person has reason to believe is at least 21 years of age or who the person knows is at least 21 years of age.
Such identification is not required from an individual whom the person has reason to person demanded, was shown, and reasonably relied upon a photo identification stating that the that the individual was at least 21 years of age shall be a defense to any action brought under this subsection.
Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the determining whether a person had reason to believe an individual is at least 21 years of age, the trier of fact may consider, but is not limited to, proof of the general appearance, facial characteristics, behavior, and manner of the individual.
In determining whether a person had reason to believe an individual is at least 21 years of age, tHe trier of fact may consider, but is not limited to, proof of the general appearance, facial characteristiBs, behavior, and manner of the individual.
This subsection shall not apply to mail order or Internet sales, provided that the person offering the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age HB1509 2 of 7 before the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking will be released to the purchaser.
5 This subsection shall not apply to mail order or Internet sales, provided that the person of9ering the smoking for sale through mail order or the Internet (i) prior to the sale of the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product HB1509H1 2 of 8 intended for smoking will be released to the purchaser.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) of 7 or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
"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 of 8 a b"Hemp product" means and "hemp product intended for smoking" mean the same as that term is those terms are defined in § 3.2-4112.
I "Hemp product" and "hemp product intended for smoking" means mean the same as that those terN is "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 oRher 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" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronDc cigarillo, electronic pipe, or similar product or device.
pipe, or similar product or device and any cartridge or other container of nicotine in a solution or otheronic form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
"Nicotine vapor product" does not include any product Cosmetic Act the same as that term is defined in § 58.1-1021.01.f the Federal Food, Drug, and U "Tobacco product" means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings.
"Nicotine vapor product" does not include any product regulated by the FDA under Chapter V (21 U.S.C.
"Tobacco product" does not include any nicotine vaEor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C.
§ 351 et seq.) of the Federal Food, Drug, and Cosmetic Act the same as that term is defined in § 58.1-1021.01.
tobacco, pipe tobacco, bidis, and wrappings.
"Tobacco product" does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C.
D "Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.
H "Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.
As used in this article, unless the context requires a different meaning:
O A.
1.
Every dealer required to collect or pay the sales or use tax shall, on or before the tUentieth day of the month following the month in which the tax shall become effective, transmit to the Tax Commissioner a return showing the gross sales, gross proceeds, or cost price, as the case may bS, arising from all transactions taxable under this chapter during the preceding calendar month, and thereafter a like return shall be prepared and transmitted to the Tax Commissioner by every deaEer on or regularly keeping books and accounts on the basis of an annual period which varies 52 to 53 weeks, the Tax Commissioner may make rules and regulations for reporting consistent with such accounting period.
Notwithstanding any other provision of this chapter, a dealer may be required by the Tax S Commissioner to file sales or use tax returns on an accounting period less frequent than monthly when, in the opinion of the Tax Commissioner, the administration of the taxes imposed by this chapterUwould before the twentieth day of the month following the close of the period.
Each such return shall contain all information required for monthly returns.
S A sales or use tax return shall be filed by each registered dealer even though the dealer is not liable to remit to the Tax Commissioner any tax for the period covered by the return.
T The Tax Commissioner shall not require that more than one sales and use tax return per monthIbe fil2.
For purposes of compliance with the provisions of subdivision B 1 e of § 59.1-293.12, any dealerr.
required to file a sales or use tax return pursuant to subdivision 1 that offers for retail sale nicotine vapor products containing liquid nicotine or hemp products intended for smoking, as such terms are defined in § 59.1-293.10, shall be required to also include in such return (i) the aggregate reTail sales of all products for the period covered by the return and (ii) the aggregate retail sales of all nicotine by the return.
The Tax Commissioner shall notify the Virginia Alcoholic Beverage Control Authority and its agents designated pursuant to § 4.1-105 or the Department of Agriculture and Consumer Services, as applicable, if such aggregate retail sales would render such dealer a vape shop for purposes of subdivision B 1 e of § 59.1-293.12.
B.
[Expired.] have been filed with the Tax Commissioner on the date that such return is delivered by the dealer to the commissioner of the revenue or the treasurer for the locality in which the dealer is located and receipt is acknowledged by the commissioner of the revenue or treasurer.
The commissioner of the revenue oB the treasurer shall stamp such date on the return, and shall mail the return to the Tax Commissione5 no later than the following business day.
The commissioner of the revenue or the treasurer may collect f9om the deaD.
Every dealer that elects to file a consolidated sales tax return for any taxable period and that is required to remit payment by electronic funds transfer pursuant to subsection B of § 58.1-202.1 beginning on and after July 1, 2010, shall file its monthly return using an electronic medium prescribed by the Tax Commissioner.
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A waiver of this requirement may be granted if the Tax Commissioner determines that it creates an unreasonable burden on the dealer.
§ 58.1-1021.01.
Definitions.
HB1509H1 4 of 8 As used in this article, unless the context requires a different meaning:
"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 H 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.
"Alternative nicotine product" does not include any nicotine vapor1product or any product regulated as a drug or device by the U.S.
"Alternative nicotine product" does not include any nicotine vapor product or any product regulated as a drug or device by the U.S.
Food and Drug Administration (FDA) und0r Cha"Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, other than any roll of tobacco that is a cigarette as such term is defined in § 58.1-1000.
Food and Drug Administration (FDA) under Chapter V (21 U.S.C.
§ 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, other than any roll of tobacco that is a cigarette as such term is defined in § 58.1-1000.
Commonwealth who brings, or causes to be brought, into the Commonwealth from outside thes in the Commonwealth any tobacco products for sale;
"Distributor" means (i) any person engaged in the business of selling tobacco products in the Commonwealth who brings, or causes to be brought, into the Commonwealth from outside the Commonwealth any tobacco products for sale;
"Heated tobacco product" means a product containing tobacco that produces an inhalable aerosol (i) heat generated from a combustion source that only or primarily heats rather than burns the tobacco.y "Liquid nicotine" means a liquid or other substance containing nicotine in any a concentration that is sold, marketed, or and intended for use in a nicotine vapor product.
"Heated tobacco product" means a product containing tobacco that produces an inhalable aerosol (i) by heating the tobacco by means of an electronic device without combustion of the tobacco or (ii) by heat generated from a combustion source that only or primarily heats rather than burns the tobacco.
"Liquid nicotine" means a liquid or other substance containing nicotine in any a concentration that is sold, marketed, or and intended for use in a nicotine vapor product.
"Loose leaf tobacco half pound-unit" means a consumer sized consumer-sized unit, pouch, or package containing at least 4 four ounces but not more than 8 eight ounces of loose leaf tobacco, by net divided or sold separately and containing one individual package.
"Loose leaf tobacco half pound-unit" means a consumer sized consumer-sized unit, pouch, or package containing at least 4 four ounces but not more than 8 eight ounces of loose leaf tobacco, by net weight, produced by the manufacturer to be sold to consumers as a single unit and not produced to be divided or sold separately and containing one individual package.
single unit and not produced to be 2.
2.
"Loose leaf tobacco single-unit" means a consumer sized consumer-sized unit, pouch, or package containing less than 4 four ounces of loose leaf tobacco, by net weight, produced by the manufacturer to one individual package.
"Loose leaf tobacco single-unit" means a consumer sized consumer-sized unit, pouch, or package containing less than 4 four ounces of loose leaf tobacco, by net weight, produced by the manufacturer to be sold to consumers as a single unit and not produced to be divided or sold separately and containing one individual package.
a single unit and not produced to be divided or sold separately and containing HB1509 4 of 7 "Manufacturer" means a person who manufactures or produces tobacco products and sells tobacco products to a distributor.
"Manufacturer" means a person who manufactures or produces tobacco products and sells tobacco products to a distributor.
"Person" means any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
of 8 venture, or other legal entity.l, corporation, partnership, association, company, business, trust, joint "Pipe tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered or purchased by consumers as tobacco to be smoked in a pipe.
"Pipe tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered or purchased by consumers as tobacco to be smoked in a pipe.
"Remote retail sale" means any sale of cigars or pipe tobacco to a consumer in the Commonwealth when (i) the consumer submits the order for the sale by means of a telephone or other method of voice physical presence of the consumer when the request for the purchase or order is made, or (ii) the cigars or pipe tobacco are delivered to the consumer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
"Remote retail sale" means any sale of cigars or pipe tobacco to a consumer in the Commonwealth when (i) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the consumer when the request for the purchase or order is made, or (ii) the cigars or pipe tobacco are delivered to the consumer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the consumer when the buyer obtains possession of the cigars or pipe tobacco.
"Remote retail seller" means a person located within or outside of this state the Commonwealth that mak"Retail dealer" means every person who sells or offers for sale any tobacco product to consumers at retail in a transaction other than a remote retail sale.
"Remote retail seller" means a person located within or outside of this state the Commonwealth that makes remote retail sales of cigars or pipe tobacco.
"Retail dealer" means every person who sells or offers for sale any tobacco product to consumers at retail in a transaction other than a remote retail sale.
"Tobacco product" or "tobacco products" means (i) "cigar" as defined in § 5702(a) of the Internal Revenue Code, and as such section may be amended;
H "Tobacco product" or "tobacco products" means (i) "cigar" as defined in § 5702(a) of the Internal Revenue Code, and as such section may be amended;
(ii) "smokeless tobacco" as defined in § 5702(m) of the Internal Revenue Code, and as such section may be amended;
(ii) "smokeless tobacco" as defined in § 5702(m) § 5702(n) of the Internal Revenue Code, and as such section may be amended.
or (iii) "pipe tobacco" as defined in § 5702(n) of the Internal Revenue Code, and as such section may be amended.
"Tobacco products" Uhall in also include loose leaf tobacco.
"Tobacco products" shall also include loose leaf tobacco.
Liquid Nicotine Vapor Products Containing Liquid Nicotine and Hemp Products.
S Liquid Nicotine Vapor Products Containing Liquid Nicotine and Hemp Products.
As used in this chapter, unless the context requires another meaning:
E "Child-resistant packaging" means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C.F.R.
"Child-resistant packaging" means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C.F.R.
"Hemp product" and "hemp product intended for smoking" mean the same as those terms are defined in § 3.2-4112.
S "Hemp product" and "hemp product intended for smoking" mean the same as those terms are defined in § 3.2-4112.
"Liquid nicotine" means a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product means the same as that term is defined in § 58.1-1021.01.
U sold, marketed, or intended for use in a nicotine vapor product means the same as that term is defineds in § 58.1-1021.01.
"Liquid nicotine container" means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer.
S "Liquid nicotine container" means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer.
"Nicotine vapor product" has means the same meaning as that term is defined in § 18.2-371.2 58.1-1021.01 and includes liquid nicotine containers.
I 58.1-1021.01 and includes liquid nicotine containers.g as that term is defined in § 18.2-371.2 "Vape shop" means any business (i) that is required to file a return to the Tax Commissioner for retail sales and use taxes as a dealer pursuant to § 58.1-615, (ii) whose product line for retail sale includes nicotine vapor products containing liquid nicotine or hemp products intended for smokiTg, and (iii) whose aggregate sales of nicotine vapor products containing liquid nicotine or hemp products determined by averaging sales from the prior three accounting periods for which a return subject to the requirements of subdivision A 2 of § 58.1-615 is filed.
of 7 § 59.1-293.11.
Sale or distribution of liquid nicotine container;
prohibition;
penalty.
No person shall sell or distribute at retail or offer for retail sale or distribution a lIquid nicotine container in the Commonwealth on or after October 1, 2015, unless such liquid nicotine containeN meets chiB.
No person shall sell or distribute at retail or offer for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, unless such liquid nicotine container meets child-resistant packaging standards.
The requirements of subsection A shall not prohibit a wholesaler or retailer from selling its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can establish that the inventory was purchased prior to October 1, 2015, in a quantity comparable to that of the iRventory purchased during the same period of the prior year.
B B.
C.
The requirements of subsection A shall not prohibit a wholesaler or retailer from selling5its existing inventory of liquid nicotine until January 1, 2016, if the wholesaler or retailer can 9stablish that purchased during the same period of the prior year.5, in a quantity comparable to that of the i1ventory C.
Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reasonDto know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class faith on any information provided by the manufacturer of a liquid nicotine container that such container meets the requirements of this section.
Any person who sells or distributes at retail or offers for retail sale or distribution a liquid nicotine container in the Commonwealth on or after October 1, 2015, that he knows or has reason to know does not satisfy the child-resistant packaging standards required by this section is guilty of a Class 4 misdemeanor.
C D.
However, no person shall be guilty of a violation of this section who relies in good faith on any information provided by the manufacturer of a liquid nicotine container that such container HB1509H1 6 of 8 meets the requirements of this section.
The provisions of this chapter do not apply to any manufacturer or wholesaler of liquid nEcotine containers who sells or distributes a liquid nicotine container, provided that any such liquid nicotine container sold or distributed is intended for use outside of the Commonwealth.
D.
D E.
The provisions of this chapter do not apply to any manufacturer or wholesaler of liquid nicotine containers who sells or distributes a liquid nicotine container, provided that any such liquid nicotine container sold or distributed is intended for use outside of the Commonwealth.
E.
Food and Drug child-resistant packaging for liquid nicotine containers.legislation or regulations mandate F.
Food and Drug Administration or by any other federal agency where such legislation or regulations mandate child-resistant packaging for liquid nicotine containers.
F.
H G.
G.
The provisions of this section with respect to retail sales, retail establishments, and o1fers for retail sales, shall apply only to retail sales or offers at retail of liquid nicotine container0 before July 1, 202§ 59.1-293.12.
The provisions of this section with respect to retail sales, retail establishments, and offers for retail sales, shall apply only to retail sales or offers at retail of liquid nicotine containers before July 1, 2024.
§ 59.1-293.12.
child-resistant effectiveness set forth in the poison prevention packaging standards under 16 C.F.R.
a.
the § 1700.15(b)(1);
Any nicotine vapor product containing liquid nicotine shall use a child-resistant cap that has the child-resistant effectiveness set forth in the poison prevention packaging standards under 16 C.F.R.
§ 1700.15(b)(1);
Any label on a nicotine vapor product containing liquid nicotine shall meet the nicotine addd.
Any label on a nicotine vapor product containing liquid nicotine shall meet the nicotine addictiveness warning statement requirements under 21 C.F.R.
§ 1143.3;
and d.
No sale, offer for sale, or distribution by a person of nicotine vapor products containing liquid center as defined in § 22.1-289.02, schools offering instruction to children in kindergarten through grade 12, a playground, youth center, or any other youth-oriented facility.
No vape shop shall be located within 1,000 feet of a child day center as defined in § 22.1-289.02, schools offering instruction to children in kindergarten through grade 12, a playground, youth center, or any other youth-oriented facility.
The provisions of this subdivision e shall not apply to a person that (i) was operating as a retail establishment before July 1, 2024, or (ii) begins operating as a retail establishment on or after July 1, 2024, provided that at the time such establishment begins operation such establishment is not located within 1,000 feet of a youth-oriented facility.
The provisions of this subdivision e shall not apply to a vape shop that (i) was operating as a vape shop before July 1, 2024, or (ii) begins operating as a vape shop on or after July 1, 2024, provided that at the time such vape shop begins operation such vape shop is not located within 1,000 feet of a youth-oriented facility.
No person may sell, offer for sale, or otherwise distribute any nicotine vapor product containing person may sell, offer for sale, or otherwise distribute any nicotine vapor product containing liquid HB1509 6 of 7 nicotine or hemp product intended for smoking with labeling or packaging that:
No person may sell, offer for sale, or otherwise distribute any nicotine vapor product containing liquid nicotine with labeling or packaging that is not in compliance with 21 C.F.R.
§ 1143.3 and no person may sell, offer for sale, or otherwise distribute any nicotine vapor product containing liquid nicotine or hemp product intended for smoking with labeling or packaging that:
All advertisements and marketing shall accurately and legibly identify the person responsible for its content, shall be truthful and appropriately substantiated, and shall not be presented in a manner that is materially false or untrue and shall not be presented in a manner that 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;
All advertisements and marketing shall accurately and legibly identify the person responsible for of 8 that is materially false or untrue and shall not be presented in a manner that imitates or mimics aner 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;
Any advertising or marketing in broadcast, cable, radio, print, and digital communications or any event marketing or sponsorships shall be made only where at least 85 percent of the audience is reasonably expected to be at least 21 years of age, as determined by reliable, up-to-date audience composition data;
Any advertising or marketing in broadcast, cable, radio, print, and digital communications or any event marketing or sponsorships shall be made only where at least 85 percent of the audience is composition data;ed to be at least 21 years of age, as determined by reliable, up-to-date audience 3.
3.
No advertising or marketing of nicotine vapor products containing liquid nicotine or hemp products intended for smoking shall be conducted on a sign within 1,000 feet of a child day center as defined in § 22.1-289.02, schools offering instruction to children in kindergarten through grade 12, a playground, youth center, or any other youth-oriented facility.
No advertising or marketing of nicotine vapor products containing liquid nicotine or hemp products intended for smoking shall be conducted on a sign within 1,000 feet of a child day center as playground, youth center, or any other youth-oriented facility.
However, placement of advertising or marketing signs inside a retail premises that are not readable by normal, unassisted vision from a public place or public right-of-way is allowable, provided that such advertising signs do not advertise nicotine vapor products containing liquid nicotine or hemp products intended for smoking in a manner intended to encourage minors to consume nicotine vapor products containing liquid nicotine or hemp products intended for smoking.
However, placement of advertising or a marketing signs inside a retail premises that are not readable by normal, unassisted vision from a public place or public right-of-way is allowable, provided that such advertising signs do not advertise nicotine vapor products containing liquid nicotine or hemp products intended for smoking in a manner intended to encourage minors to consume nicotine vapor products containing liquid nicotine or hemp was operating as a retail establishment before July 1, 2024, or (ii) begins operating as a retaUlt (i) establishment on or after July 1, 2024, provided that at the time such establishment begins operation such establishment is not located within 1,000 feet of a youth-oriented facility;
The provisions of this subdivision shall not apply to a person that (i) was operating as a retail establishment before July 1, 2024, or (ii) begins operating as a retail establishment on or after July 1, 2024, provided that at the time such establishment begins operation such establishment is not located within 1,000 feet of a youth-oriented facility;
and S 5.
and 5.
No advertising or marketing may contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the health benefits of consuEption of nicD.
No advertising or marketing may contain any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the health benefits of consumption of nicotine vapor products containing liquid nicotine or hemp products intended for smoking.
D.
1.
S 1.
The prohibitions on the sale of certain products to persons under age 21 and other restrictions prescribed by this chapter and § 18.2-371.2;
The prohibitions on the sale of certain products to persons under age 21 and other restriUtions pre3.
3.
and 4.
and B 4.
The legal penalties that may be incurred for violation of the provisions of law identified in this chapter and § 18.2-371.2.
The legal penalties that may be incurred for violation of the provisions of law identifieS in this chapter and § 18.2-371.2.
F.
I intended for smoking to a consumer may not ship for a delivery sale any nicotine vapor productscts containing liquid nicotine or hemp products intended for smoking without first making a good faith effort to verify the age of the purchaser of the nicotine vapor products containing liquid nicotine or hemp products intended for smoking through an independent, third-party age verification softwarT, service, or technology that compares information available from public records to the personal legal age or older.
1.
by the purchaser during the ordering process that establishes the purchaserEis of 2.
Any person that sells nicotine vapor products containing liquid nicotine or hemp products intended for smoking to a consumer may not ship for a delivery sale any nicotine vapor products containing liquid nicotine or hemp products intended for smoking without first making a good faith effort to verify the age of the purchaser of the nicotine vapor products containing liquid nicotine or hemp products intended for smoking through an independent, third-party 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.
Prior to shipment of nicotine vapor products containing liquid nicotine or hemp products intended for smoking for a delivery sale, any person that sells nicotine vapor products containing liquid nicotine or hemp products intended for smoking to a consumer 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 taking a delivery sale may request the electronic mail address of the consumer as a condition ofealer completing such delivery sale.
2.
3.
Prior to shipment of nicotine vapor products containing liquid nicotine or hemp products intended for smoking for a delivery sale, any person that sells nicotine vapor products containing liquid nicotine of 7 or hemp products intended for smoking to a consumer 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 crIdit card issued in the consumer's name, or by a debit card issued in the consumer's name.
For purposes of this subsection, "delivery sale" means a sale of nicotine vapor products B containing liquid nicotine or hemp products intended for smoking to a consumer in the Commonwea5th in which the consumer submits the order for the sale by telephone, over the Internet, or throug9 the hemp products intended for smoking are shipped through a delivery service.
A retail dealer taking a delivery sale may request the electronic mail address of the consumer as a condition of com3.
"Delivery sale" does not include a sale of nicotine vapor products containing liquid nicotine or hemp products intended for smoking that are not for personal consumption to a person who is a manufacturer, distributor, or retail dealer.
For purposes of this subsection, "delivery sale" means a sale of nicotine vapor products T containing liquid nicotine or hemp products intended for smoking to a consumer in the CommonweaRth 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 nicotine vapor products containing liquid nicotine or include a sale of nicotine vapor products containing liquid nicotine or hemp products intended fort smoking that are not for personal consumption to a person who is a manufacturer, distributor, oU retail dealer.
If the Virginia Alcoholic Beverage Control Authority and the Virginia Department of Agriculture violated subsection A, B, C, D, E, or F, it shall impose and the person shall be subject to:loyEe, 1.
If the Virginia Alcoholic Beverage Control Authority and the Virginia Department of Agriculture and Consumer Services, as applicable, determine that a person, or such person's agent or employee, HB1509H1 8 of 8 violated subsection A, B, C, D, E, or F, it shall impose and the person shall be subject to:
1.
D 2.
2.
For a third violation in a 36-month period, a penalty of no less than $10,000 and a prohibition for a period of three years from the date of the most recent violation.
For a third violation in a 36-month period, a penalty of no less than $10,000 and a prohibition from selling nicotine vapor products containing liquid nicotine or hemp products intended for smoking for a period of three years from the date of the most recent violation.
products intended for smoking H.
H.
The Virginia Alcoholic Beverage Control Authority and the Virginia Department of Agriculture and Consumer Services, as applicable, shall collaborate with the DepaBtment 4.1-103.01 and 18.2-371.2.enforcement as necessary to enforce the provisions of this chapter an1 §§ 2.
The Virginia Alcoholic Beverage Control Authority and the Virginia Department of Agriculture and Consumer Services, as applicable, shall collaborate with the Department of Taxation and local law enforcement as necessary to enforce the provisions of this chapter and §§ 4.1-103.01 and 18.2-371.2.
Any attorney for the county, city, or town in which an alleged violation of this chapter 9ccurred may enforce this chapter by civil action to recover a civil penalty not to exceed $500.
2.
Any attorney for the county, city, or town in which an alleged violation of this chapter occurred may enforce this chapter by civil action to recover a civil penalty not to exceed $500.
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Action History

  1. Left in Appropriations

  2. Impact statement from DPB (HB1509H1)

  3. Referred to Committee on Appropriations

  4. Committee substitute printed 24106980D-H1

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

  6. Subcommittee recommends referring to Committee on Appropriations

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

  8. House subcommittee amendments and substitutes offered

  9. Assigned GL sub: ABC/Gaming

  10. Referred to Committee on General Laws

  11. Referred from Labor and Commerce

  12. Assigned L & C sub: Subcommittee #2

  13. Referred to Committee on Labor and Commerce

  14. Presented and ordered printed 24105629D

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 140 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"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

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
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1509 do?
Restrictions on the sale of nicotine vapor products containing liquid nicotine and hemp products intended for smoking;civil penalties. Provides restrictions and prohibitions on certainretail sales that include (i) restrictions on the number of nicotinevapor products containing liquid nicotine, liquid nicotine containers,and hemp products intended for smoking, as such terms are defined in the bill, that may be sold in one transaction to a consumer; (ii)packaging, labeling, and signage requirements for those selling anynicotine vapor products containing liquid nicotine or hemp productsintended for smoking; (iii) advertising and marketing requirementsfor those selling any nicotine vapor products containing liquid nicotineor hemp products intended for smoking; (iv) education requirementsfor employees at retail establishments selling nicotine vapor productscontaining liquid nicotine or hemp products intended for smoking;and (v) online delivery sale requirements of nicotine vapor productscontaining liquid nicotine or hemp products intended for smoking.The Virginia Alcoholic Beverage Control Authority and the VirginiaDepartment of Agriculture and Consumer Services, as applicable, shallenforce such requirements and restrictions and shall impose civilpenalties on violations thereof.
Who sponsors HB 1509?
HB 1509 is sponsored by Holly M. Seibold, Nadarius E. Clark, Patrick A. Hope, Marty Martinez, Sam Rasoul, Shelly A. Simonds, Jennifer B. Boysko, and Stella G. Pekarsky.
What is the current status of HB 1509?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1509?
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