HB 4001 — alternative nicotine products; regulation.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 09, 2026. Enacted.
Signed by Governor Katie Hobbs (Democratic) on June 04, 2026.
Odds of enactment
High chanceBased 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
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Mixed recorded votes
3 passed, 2 failed in 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.
In plain language
This bill regulates alternative nicotine products.
The bill establishes regulations for alternative nicotine products, covering aspects like manufacturing and distribution. These regulations aim to ensure safety and responsible marketing.
Bill Text
What changed in the latest version
1313 added · 1171 removedPlain-language change summary
The bill HB 4001 has been amended to include specific requirements for social clubs to maintain their status. The updated version clarifies that a social club must have over one hundred bona fide members who are residents of the county, must operate as a nonprofit, and must have been continuously incorporated for at least one year. This change matters because it establishes clearer guidelines for what qualifies as a legitimate social club, which could help regulate the sale and distribution of nicotine products in these establishments more effectively.
HouseSenate Engrossed House Bill alternative nicotine products;
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session CHAPTER 124 HOUSE BILL 4001 AN ACT AMENDING SECTIONS 4-101, 4-112, 4-118, 4-120, 4-205.02 AND 4-244, ARIZONA REVISED STATUTES;
(b) A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization that has, as the owner, lessee or - 2 - H.B.
4001 (b) A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization that has, as the owner, lessee or occupant, operated an establishment for fraternal purposes in this state.
"Control" means the power to direct or cause the direction of the management and policies of an applicant or licensee, whether through the ownership of voting securities or a partnership interest, by -agreement 3or -otherwise. H.B.
4001Control agreementis presumed to exist if a person has the direct or otherwise.indirect ownership of or power to vote ten percent or more of - 3 - H.B.
Control4001 is presumed to exist if a person has the direct or indirect ownership of or power to vote ten percent or more of the outstanding voting securities of the applicant or licensee or to control in any manner the election of one or more of the directors of the applicant or licensee.
"Government license" means a license to serve and sell spirituous liquor on specified premises available only to a state agency, state board, state commission, county, city, town, community college or state university or the national guard or Arizona coliseum and exposition center on application by the governing body of the state agency, state - 4 - H.B.
4001 state university or the national guard or Arizona coliseum and exposition center on application by the governing body of the state agency, state board, state commission, county, city, town, community college or state university or the national guard or Arizona exposition and state fair board.
"Off-sale retailer" means any person that operates a bona fide regularly established retail liquor store that sells spirituous liquors, wines and beer and any established retail store that sells commodities other than spirituous liquors and that is engaged in the sale of spirituous liquors only in the original unbroken package, to be taken - 5 - H.B.
4001 of spirituous liquors only in the original unbroken package, to be taken away from the premises of the retailer and to be consumed off the premises.
(d) For licensed premises with a permanent occupancy of more than six hundred fifty but not more than one thousand fifty persons, six or more acts of violence within thirty days.
4001 (d)(e) For licensed premises with a permanent occupancy of more than six hundred fifty but not more than one thousand fifty persons, sixseven or more acts of violence within thirty days.
(e) For licensed premises with a permanent occupancy of more than one thousand fifty persons, seven or more acts of violence within thirty days.
37.
"RETAILER OF ALTERNATIVE NICOTINE PRODUCTS" MEANS A PERSON THAT OPERATES AN ESTABLISHMENT WHERE ALTERNATIVE NICOTINE PRODUCTS ARE SOLD IN THE ORIGINAL PACKAGING OR CONTAINER AND ARE FOR HUMAN CONSUMPTION.
37.
40.
40.41.
41.42.
42.43.
43.44.
44.45.
45.46.
46.47.
Issue and enforce cease and desist orders against any person or entity that sells beer, wine, or spirituous liquor OR ALTERNATIVE NICOTINE PRODUCTS without an appropriate license or permit.
Accept and expend private grants of monies, gifts and devises for conducting educational programs for parents and students on the repercussions of underage alcohol consumption OR THE SALESALE, USE OR POSSESSION OF ALTERNATIVE NICOTINE PRODUCTS BY A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE.
13.
ISSUE AND ENFORCE CEASE AND DESIST ORDERS AGAINST ANY PERSON OR ENTITY THAT DISTRIBUTES OR MANUFACTURES ALTERNATIVE NICOTINE PRODUCTS WITHOUT AN APPROPRIATE LICENSE THAT IS ISSUED PURSUANT TO CHAPTER 4 OF THIS TITLE.
Section 4-120, Arizona Revised Statutes, is amended to read:
4-120.
Liquor licenses fund;
exemption A.
The liquor licenses fund is established consisting of monies deposited pursuant to sections 4-115, and 4-116.01, 4-401 AND 4-402.
The department of liquor licenses and control shall administer the fund.
The amount deposited in the fund each year shall not exceed the amount appropriated by the legislature.
B.
Monies in the fund are subject to legislative appropriation.
C.
Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that any monies remaining in the fund in excess of seven hundred thousand dollars $700,000 at the end of each fiscal year revert to the state general fund.
Show all 361 changed lines (321 more)
Sec.
6.
The surrender of a license pursuant to this subsection does not prevent the director from revoking the license for other grounds prescribed in this title or for- making12 deliberate- materialH.B. misrepresentations to the department regarding the licensee's equipment, service or entertainment items or seating capacity in applying for the restaurant license.
4001 for making deliberate material misrepresentations to the department regarding the licensee's equipment, service or entertainment items or seating capacity in applying for the restaurant license.
The plan shall be completed on forms provided by the department and shall include listings of all restaurant equipment and service items, the restaurant seating capacity and other information requested by the -department 12to -substantiate H.B.that the restaurant will operate in compliance with this section.
4001 department to substantiate that the restaurant will operate in compliance with this section.
Notwithstanding section 4-203, subsection E, section 4-207 and section 4-210, subsection A, paragraph 6, through December 31, 2025, a restaurant- applicant13 or- licenseeH.B. may apply to the department for a lease for the privilege of selling mixed cocktails for consumption off the licensed premises pursuant to section 4-203.06 and section 4-244, paragraph 32, subdivision (d).
4001 restaurant applicant or licensee may apply to the department for a lease for the privilege of selling mixed cocktails for consumption off the licensed premises pursuant to section 4-203.06 and section 4-244, paragraph 32, subdivision (d).
The department shall issue the permit only after the director -has 13determined -that H.B.the public convenience requires and that the best interest of the community will be substantially served by issuing the permit.
4001 has determined that the public convenience requires and that the best interest of the community will be substantially served by issuing the permit.
6.7.
For a person to buy for resale, sell or deal in spirituous liquors in this state without first having procured a license duly issued by the board, except that the director may issue a temporary permit of any series- pursuant14 to- sectionH.B. 4-205.05 to a trustee in bankruptcy to acquire and dispose of the spirituous liquor of a debtor.
4001 series pursuant to section 4-205.05 to a trustee in bankruptcy to acquire and dispose of the spirituous liquor of a debtor.
For a distiller, vintner, brewer or wholesaler knowingly to sell, dispose of or give spirituous liquor to any person other than a licensee except in sampling wares as may be necessary in the ordinary course of business, except in donating spirituous liquor to a nonprofit organization that has obtained a special event license for the purpose of charitable fundraising activities or except in donating spirituous liquor with a cost to the distiller, brewer or wholesaler of up to $500 in a calendar year to an organization that is exempt from federal income taxes -under 14section -501(c) H.B.(3), (4), (6) or (7) of the internal revenue code and not licensed under this title.
4001 under section 501(c) (3), (4), (6) or (7) of the internal revenue code and not licensed under this title.
This paragraph does- not15 prohibit- theH.B. employment by an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least eighteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor.
4001 does not prohibit the employment by an off-sale retailer of persons who are at least sixteen years of age to check out, if supervised by a person on the premises who is at least eighteen years of age, package or carry merchandise, including spirituous liquor, in unbroken packages, for the convenience of the customer of the employer, if the employer sells primarily merchandise other than spirituous liquor.
-12. 15 - H.B.
4001 12.
(e) An unpaid volunteer of a special event licensee under section 4-203.02 may purchase and consume spirituous liquor while not engaged in waiting- on16 or- servingH.B. spirituous liquor to customers at the special event.
4001 waiting on or serving spirituous liquor to customers at the special event.
For a licensee or other person to serve, sell or furnish spirituous liquor to a disorderly or obviously intoxicated person, or for a licensee or employee of the licensee to allow a disorderly or obviously intoxicated person to come into or remain on or about the premises, except -that 16a -licensee H.B.or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for not more than thirty minutes after the state of obvious intoxication is known or should be known to the licensee for a nonintoxicated person to transport the obviously intoxicated person from the premises.
4001 that a licensee or an employee of the licensee may allow an obviously intoxicated person to remain on the premises for not more than thirty minutes after the state of obvious intoxication is known or should be known to the licensee for a nonintoxicated person to transport the obviously intoxicated person from the premises.
and 6:00 a.m., except that if the governor extends the closing time for a day for spirituous liquor sales pursuant to paragraph 15 of this section it is unlawful for an on-sale retailer or an employee- of17 such- retailerH.B. on that day to allow a person to consume or possess spirituous liquor on the premises between the hours of 3:30 a.m.
4001 employee of such retailer on that day to allow a person to consume or possess spirituous liquor on the premises between the hours of 3:30 a.m.
For an off-sale retailer or employee to sell spirituous liquor except in the original unbroken container, to allow spirituous liquor to -be 17consumed -on H.B.the premises or to knowingly allow spirituous liquor to be consumed on adjacent property under the licensee's exclusive control.
4001 be consumed on the premises or to knowingly allow spirituous liquor to be consumed on adjacent property under the licensee's exclusive control.
A licensee or an employee of a licensee may require a person who intends to enter a licensed premises or a portion of a licensed premises where persons under the legal drinking age are prohibited under this section to exhibit an instrument of identification that is acceptable under section 4-241 as a condition of entry or may use a- biometric18 identity- verificationH.B. device to determine the person's age as a condition of entry.
4001 a biometric identity verification device to determine the person's age as a condition of entry.
-(b) 18If -the H.B.owner, lessee or occupant of the premises is a club as defined in section 4-101, paragraph 8 9, subdivision (a) and the person under the legal drinking age is any of the following:
4001 (b) If the owner, lessee or occupant of the premises is a club as defined in section 4-101, paragraph 8 9, subdivision (a) and the person under the legal drinking age is any of the following:
25.- 19 - H.B.
4001 25.
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4001 29.
(c)- A20 person- withH.B. a permit issued pursuant to section 13-3112 who carries a concealed handgun on the licensed premises of any on-sale retailer that has not posted a notice pursuant to section 4-229.
4001 (c) A person with a permit issued pursuant to section 13-3112 who carries a concealed handgun on the licensed premises of any on-sale retailer that has not posted a notice pursuant to section 4-229.
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4001 32.
(iii)- The21 container- clearlyH.B. displays the bar's, liquor store's or restaurant's logo or name.
4001 (iii) The container clearly displays the bar's, liquor store's or restaurant's logo or name.
-34. 21 - H.B.
4001 34.
(a) Pursuant to section 4-249, it is a defense that the spirituous liquor was consumed in connection with the bona fide practice of a religious belief or as an integral part of a religious exercise and in a manner not dangerous to public health or safety.
(b) Pursuant to section 4-226, it is a defense that the spirituous liquor was consumed for a bona fide medicinal purpose and in a manner not dangerous to public health or safety.
4001 42.(a) Pursuant to section 4-249, it is a defense that the spirituous liquor was consumed in connection with the bona fide practice of a religious belief or as an integral part of a religious exercise and in a manner not dangerous to public health or safety.
(b) Pursuant to section 4-226, it is a defense that the spirituous liquor was consumed for a bona fide medicinal purpose and in a manner not dangerous to public health or safety.
42.
48.
FROM AND AFTER DECEMBER 31, 2027, FOR A RETAILER OF ALTERNATIVE NICOTINE PRODUCTS TO PURCHASE ALTERNATIVE NICOTINE PRODUCTS FROM AN UNLICENSED DISTRIBUTOR OF ALTERNATIVE NICOTINE PRODUCTS OR AN UNLICENSED MANUFACTURER OF ALTERNATIVE NICOTINE PRODUCTS.
4001 Sec.48.
7.FROM AND AFTER DECEMBER 31, 2027, FOR A RETAILER OF ALTERNATIVE NICOTINE PRODUCTS TO PURCHASE ALTERNATIVE NICOTINE PRODUCTS FROM AN UNLICENSED DISTRIBUTOR OF ALTERNATIVE NICOTINE PRODUCTS OR AN UNLICENSED MANUFACTURER OF ALTERNATIVE NICOTINE PRODUCTS.
Sec.
8.
AlternativeDistributor nicotine products distributor license;
ALTERNATIVE NICOTINE PRODUCTS OFFERED FOR SALE IN THIS STATE SHALL ONLY BE PROVIDED BY A MANUFACTURER THAT IS LICENSED PURSUANT TO SECTION 4-4024-402, AND ALL OF THE FOLLOWING REQUIREMENTS APPLY:
A DISTRIBUTOR OF ALTERNATIVE NICOTINE PRODUCTS SHALL MAINTAIN DOCUMENTATION FOR THREE YEARS AT THE DISTRIBUTOR'S FACILITY FOR EACH TRANSACTION THAT INVOLVES THE SALE, PURCHASE, TRANSFER OR RECEIPT OF ALTERNATIVE NICOTINE PRODUCTS.
A DISTRIBUTOR OF ALTERNATIVE NICOTINE PRODUCTS SHALL PROVIDE THIS DOCUMENTATION TO THE DEPARTMENT ON THE REQUEST OF THE DEPARTMENT.
ALL ALTERNATIVE NICOTINE PRODUCTS THAT ARE HELD OR STORED FOR SALE OR DISTRIBUTION IN THIS STATE BY OR ON BEHALF OF A RETAILER OF ALTERNATIVE NICOTINE PRODUCTS SHALL BE ACCESSIBLE TO THE DEPARTMENT AND OTHER LAW ENFORCEMENT OFFICERS DURING NORMAL BUSINESS HOURS WITHOUT A JUDICIAL WARRANT OR PRIOR WRITTEN CONSENT OF THE DISTRIBUTOR.
4.
ALTERNATIVE NICOTINE PRODUCTS THAT ARE SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION ARE DEEMED CONTRABAND AND SUBJECT TO SEIZURE AND DESTRUCTION OR DISPOSAL.
AEACH PERSONAPPLICANT DESIRINGFOR AAN ALTERNATIVE NICOTINE PRODUCT DISTRIBUTOR LICENSE ISSUED PURSUANT TO DISTRIBUTETHIS ALTERNATIVESECTION, NICOTINEOTHER PRODUCTSTHAN FORA SALECORPORATE INLICENSEE, A LIMITED LIABILITY COMPANY LICENSEE OR AN OUT-OF-STATE LICENSEE, MUST BE A CITIZEN OF THE UNITED STATES AND A BONA FIDE RESIDENT OF THIS STATE SHALLOR APPLYA TOLEGAL THERESIDENT DIRECTORALIEN ONWHO IS A FORMBONA PRESCRIBEDFIDE BYRESIDENT THEOF DIRECTOR.THIS STATE.
IF THE APPLICATIONAPPLICANT IS A PARTNERSHIP, EACH PARTNER MUST REQUIREBE ALLA CITIZEN OF THE FOLLOWINGUNITED INFORMATION:STATES AND A BONA FIDE RESIDENT OF THIS STATE OR A LEGAL RESIDENT ALIEN WHO IS A BONA FIDE RESIDENT OF THIS STATE, EXCEPT FOR A LIMITED PARTNERSHIP.
IF THE APPLICANT IS A LIMITED PARTNERSHIP, AN INDIVIDUAL - 24 - H.B.
4001 GENERAL PARTNER IS REQUIRED TO MEET THE QUALIFICATIONS OF AN INDIVIDUAL LICENSEE, A CORPORATE GENERAL PARTNER IS REQUIRED TO MEET THE QUALIFICATIONS OF A CORPORATE LICENSEE AND A LIMITED PARTNER IS NOT REQUIRED TO BE A CITIZEN OF THE UNITED STATES, A LEGAL RESIDENT ALIEN OR A BONA FIDE RESIDENT OF THIS STATE.
IF THE APPLICANT IS A CORPORATION OR LIMITED LIABILITY COMPANY, THE CORPORATION OR LIMITED LIABILITY COMPANY MUST BE A DOMESTIC CORPORATION OR A FOREIGN CORPORATION OR A LIMITED LIABILITY COMPANY THAT IS QUALIFIED TO DO BUSINESS IN THIS STATE.
THE CORPORATION OR LIMITED LIABILITY COMPANY SHALL FILE WITH THE DEPARTMENT A LIST OF THE CORPORATION'S OFFICERS AND DIRECTORS AND ANY STOCKHOLDERS WHO OWN TEN PERCENT OR MORE OF THE CORPORATION OR LIMITED LIABILITY COMPANY.
C.
AN APPLICANT OR LICENSEE SHALL HOLD A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION TO A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OUT-OF-STATE LICENSE THROUGH AN AGENT.
THE AGENT MUST BE A NATURAL PERSON.
NOTICE OF A CHANGE OF AGENT MUST BE FILED WITH THE DIRECTOR WITHIN THIRTY DAYS AFTER A CHANGE OF AGENT.
FOR THE PURPOSES OF THIS SUBSECTION, "AGENT" MEANS A PERSON WHO IS DESIGNATED BY AN APPLICANT OR LICENSEE TO RECEIVE COMMUNICATIONS FROM THE DEPARTMENT AND TO FILE AND SIGN DOCUMENTS FOR FILING WITH THE DEPARTMENT ON BEHALF OF THE APPLICANT OR LICENSEE.
D.
AN APPLICANT SHALL FILE AN APPLICATION FOR A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION ON A FORM PRESCRIBED BY THE DIRECTOR.
AN APPLICATION THAT IS FILED PURSUANT TO THIS SUBSECTION MUST REQUIRE THE FOLLOWING INFORMATION:
THE APPLICANT'S DISTRIBUTION BUSINESS ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS AND, IF THE APPLICANT IS AN ENTITY, THE NAME OF THE SENIOR OFFICER.
2.
3.2.
A COPY OF THE REGISTRATION FORM PROVIDED BY THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AS PROOF OF THE -APPLICANT'S 24COMPLIANCE -WITH H.B.THE PREVENT ALL CIGARETTE TRAFFICKING ACT OF 2009 (P.L.
4001 APPLICANT'S COMPLIANCE WITH THE PREVENT ALL CIGARETTE TRAFFICKING ACT OF 2009 (P.L.
C.
THE DIRECTOR MAY ESTABLISH A FEE FOR A LICENSE ISSUED PURSUANT TO THIS SECTION.
A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION IS VALID FOR TWO YEARS.
D.
A LICENSE TO DISTRIBUTE ALTERNATIVE NICOTINE PRODUCTS THAT ARE FOR SALE IN THIS STATE IS NOT TRANSFERABLE.
A LICENSEE SHALL REPORT ANY CHANGE IN OWNERSHIP OF THE BUSINESS OF THE LICENSEE, DIRECTLY OR INDIRECTLY, AS DEFINED BY RULE, TO THE DIRECTOR WITHIN THIRTY DAYS AFTER THE CHANGE IN OWNERSHIP.
THE DEPARTMENT SHALL ISSUE A LICENSE PURSUANT TO DISTRIBUTETHIS ALTERNATIVESECTION NICOTINETO PRODUCTSAN ISSUEDAPPLICANT PURSUANTTHAT TOMEETS ALL OF THE QUALIFICATIONS OF THIS SECTION MAYONE NOTHUNDRED BEFIVE LEASEDDAYS ORAFTER SUBLEASED.FILING THE APPLICATION.
EACH APPLICANT SHALL DESIGNATE A MANAGER WHO IS RESPONSIBLE FOR MANAGING THE PREMISES OWNED BY THE APPLICANT.
THE DESIGNATED PERSON MAY BE THE APPLICANT.
THE SAME PERSON MAY BE DESIGNATED AS THE MANAGER FOR MORE THAN ONE PREMISES OWNED BY THE SAME APPLICANT OR LICENSEE.
NOTICE OF A CHANGE OF A LICENSEE'S MANAGER MUST BE FILED WITH THE DIRECTOR WITHIN THIRTY DAYS AFTER A CHANGE.
G.
A LICENSE MAY NOT BE ISSUED TO ANY APPLICANT WHO, WITHIN ONE YEAR BEFORE SUBMITTING AN APPLICATION PURSUANT TO THIS SECTION, HAS HAD A LICENSE REVOKED.
A LICENSE MAY NOT BE ISSUED TO OR RENEWED FOR ANY APPLICANT OR LICENSEE WHO, WITHIN FIVE YEARS BEFORE SUBMITTING THE APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO THIS SECTION, HAS BEEN CONVICTED OF A FELONY OR CONVICTED OF AN OFFENSE IN ANOTHER STATE OR JURISDICTION THAT WOULD BE A FELONY IN THIS STATE.
THE - 25 - H.B.
4001 DIRECTOR SHALL REQUIRE ANY APPLICANT AND ANY CONTROLLING PERSON, OTHER THAN A BANK OR LICENSED LENDING INSTITUTION, TO CERTIFY ON A FORM THAT IS PROVIDED BY THE DEPARTMENT AND THAT IS NOTARIZED THAT WITHIN FIVE YEARS BEFORE SUBMITTING THE APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO THIS SECTION, THE APPLICANT OR CONTROLLING PERSON HAS NOT BEEN CONVICTED OF A FELONY IN THIS STATE OR AN OFFENSE IN ANOTHER STATE OR JURISDICTION THAT WOULD BE A FELONY IN THIS STATE.
H.
AN APPLICANT OR LICENSEE THAT IS DENIED A LICENSE OR A LICENSE RENEWAL BY THE DEPARTMENT MAY APPEAL THAT DECISION TO THE BOARD PURSUANT TO SECTION 4-210.02.
I.
THE DIRECTOR MAY ESTABLISH A FEE FOR A LICENSE ISSUED OR RENEWED PURSUANT TO THIS SECTION.
A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION IS VALID FOR ONE YEAR.
A LICENSE ISSUED PURSUANT TO THIS SECTION MUST BE RENEWED ANNUALLY IN A MANNER PRESCRIBED BY THE DIRECTOR.
A LICENSEE THAT FAILS TO RENEW A LICENSE ON OR BEFORE THE RENEWAL DATE SHALL PAY A PENALTY THAT IS DETERMINED BY THE DIRECTOR.
THE LICENSEE SHALL PAY THE LATE RENEWAL PENALTY WITH THE LICENSEE'S LICENSE RENEWAL FEE.
J.
A LICENSE TO DISTRIBUTE ALTERNATIVE NICOTINE PRODUCTS THAT ARE FOR SALE IN THIS STATE IS NOT TRANSFERABLE.
K.
A LICENSE TO DISTRIBUTE ALTERNATIVE NICOTINE PRODUCTS ISSUED PURSUANT TO THIS SECTION MAY NOT BE LEASED OR SUBLEASED.
L.
IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.COURT.
4-402.M.
AlternativeALTERNATIVE nicotineNICOTINE productsPRODUCTS manufacturerTHAT license;ARE DISTRIBUTED FOR SALE OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION MAY BE DEEMED CONTRABAND AND SEIZED AS EVIDENCE IN A CRIMINAL PROCEEDING UNDER THIS SECTION.
fee;ON ADJUDICATION OF A CRIMINAL PROCEEDING, THE COURT SHALL ORDER ALTERNATIVE NICOTINE PRODUCTS THAT ARE DEEMED CONTRABAND TO BE DESTROYED AS A TERM OF THE DISPOSITION OF THE CRIMINAL PROCEEDING.
N.
NOTWITHSTANDING ANY OTHER LAW, ALL RECEIPTS DERIVED FROM ALTERNATIVE NICOTINE PRODUCTS DISTRIBUTOR LICENSE APPLICATIONS ARE APPROPRIATED TO THE DEPARTMENT.
THE DEPARTMENT SHALL DEPOSIT MONIES RECEIVED PURSUANT TO THIS SECTION IN THE LIQUOR LICENSES FUND ESTABLISHED BY SECTION 4-120.
THE AMOUNT DEPOSITED IN THE LIQUOR LICENSES FUND PURSUANT TO THIS SECTION SHALL BE WITHOUT REGARD TO THE AMOUNT THAT IS APPROPRIATED TO THE DEPARTMENT BY THE LEGISLATURE.
- 26 - H.B.
4001 4-402.
Manufacturer license;
fees;
FROM AND AFTER DECEMBER 31, 2027, A PERSON MAY NOT MANUFACTURE ALTERNATIVE NICOTINE PRODUCTS THAT ARE FOR SALE IN THIS STATE WITHOUT A LICENSE ISSUED PURSUANT TO THIS SECTIONSECTION, AND ALL OF THE FOLLOWING REQUIREMENTS APPLY:
A MANUFACTURER THAT IS LICENSED PURSUANT TO THIS SECTION MAY SELL ALTERNATIVE NICOTINE PRODUCTS TO A RETAILER OF ALTERNATIVE NICOTINE PRODUCTS IN THIS STATE THAT HOLDS A VALID TRANSACTION PRIVILEGE TAX LICENSE.
A MANUFACTURER OF ALTERNATIVE NICOTINE PRODUCTS SHALL MAINTAIN DOCUMENTATION FOR THREE YEARS AT THE MANUFACTURER'S FACILITY FOR EACH TRANSACTION THAT INVOLVES THE SALE, PURCHASE, TRANSFER OR RECEIPT OF ALTERNATIVE NICOTINE PRODUCTS.
A MANUFACTURER OF ALTERNATIVE NICOTINE PRODUCTS SHALL PROVIDE THIS DOCUMENTATION TO THE DEPARTMENT ON THE REQUEST OF THE DEPARTMENT.
ALL ALTERNATIVE NICOTINE PRODUCTS THAT ARE HELD OR STORED FOR SALE OR DISTRIBUTION IN THIS STATE BY OR ON BEHALF OF A DISTRIBUTOR OR RETAILER OF ALTERNATIVE NICOTINE PRODUCTS SHALL BE ACCESSIBLE TO THE DEPARTMENT AND OTHER LAW ENFORCEMENT OFFICERS DURING NORMAL BUSINESS HOURS WITHOUT A JUDICIAL WARRANT OR PRIOR WRITTEN CONSENT OF THE MANUFACTURER.
- 25 - H.B.
4001 5.
ALTERNATIVE NICOTINE PRODUCTS THAT ARE SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION ARE DEEMED CONTRABAND AND SUBJECT TO SEIZURE AND DESTRUCTION OR DISPOSAL.
AEACH PERSONAPPLICANT DESIRINGFOR AAN ALTERNATIVE NICOTINE PRODUCT MANUFACTURER LICENSE ISSUED PURSUANT TO MANUFACTURETHIS ALTERNATIVESECTION, NICOTINEOTHER PRODUCTSTHAN THATA ARECORPORATE FORLICENSEE, SALEA INLIMITED LIABILITY COMPANY LICENSEE OR AN OUT-OF-STATE LICENSEE, MUST BE A CITIZEN OF THE UNITED STATES AND A BONA FIDE RESIDENT OF THIS STATE SHALLOR APPLYA TOLEGAL THERESIDENT DIRECTORALIEN ONWHO IS A FORMBONA FURNISHEDFIDE BYRESIDENT THEOF DIRECTOR.THIS STATE.
IF THE APPLICANT SHALLIS PROVIDEA ALLPARTNERSHIP, EACH PARTNER MUST BE A CITIZEN OF THE FOLLOWING:UNITED STATES AND A BONA FIDE RESIDENT OF THIS STATE OR A LEGAL RESIDENT ALIEN WHO IS A BONA FIDE RESIDENT OF THIS STATE, EXCEPT FOR A LIMITED PARTNERSHIP.
IF THE APPLICANT IS A LIMITED PARTNERSHIP, AN INDIVIDUAL GENERAL PARTNER IS REQUIRED TO MEET THE QUALIFICATIONS OF AN INDIVIDUAL LICENSEE, A CORPORATE GENERAL PARTNER IS REQUIRED TO MEET THE QUALIFICATIONS OF A CORPORATE LICENSEE AND A LIMITED PARTNER IS NOT REQUIRED TO BE A CITIZEN OF THE UNITED STATES, A LEGAL RESIDENT ALIEN OR A BONA FIDE RESIDENT OF THIS STATE.
IF THE APPLICANT IS A CORPORATION OR LIMITED LIABILITY COMPANY, THE CORPORATION OR LIMITED LIABILITY COMPANY MUST BE A DOMESTIC CORPORATION OR A FOREIGN CORPORATION OR A LIMITED LIABILITY COMPANY THAT IS QUALIFIED TO DO BUSINESS IN THIS STATE AND SHALL FILE WITH THE DEPARTMENT A LIST OF THE CORPORATION'S OFFICERS AND - 27 - H.B.
4001 DIRECTORS AND ANY STOCKHOLDERS WHO OWN TEN PERCENT OR MORE OF THE CORPORATION.
C.
AN APPLICANT SHALL HOLD A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION TO A CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OUT-OF-STATE LICENSE THROUGH AN AGENT.
THE AGENT MUST BE A NATURAL PERSON.
NOTICE OF A CHANGE OF AGENT MUST BE FILED WITH THE DIRECTOR WITHIN THIRTY DAYS AFTER A CHANGE OF AGENT.
FOR THE PURPOSES OF THIS SUBSECTION, "AGENT" MEANS A PERSON WHO IS DESIGNATED BY AN APPLICANT OR LICENSEE TO RECEIVE COMMUNICATIONS FROM THE DEPARTMENT AND TO FILE AND SIGN DOCUMENTS FOR FILING WITH THE DEPARTMENT ON BEHALF OF THE APPLICANT OR LICENSEE.
D.
AN APPLICANT SHALL FILE AN APPLICATION FOR A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION ON A FORM PRESCRIBED BY THE DIRECTOR.
AN APPLICATION THAT IS FILED PURSUANT TO THIS SUBSECTION MUST REQUIRE THE FOLLOWING INFORMATION:
THE APPLICANT'S MANUFACTURING BUSINESS ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS AND, IF THE APPLICANT IS AN ENTITY, THE NAME OF THE SENIOR OFFICER.
2.
3.2.
4.3.
THE PRODUCT CATALOG SHALLMUST INCLUDE ALL OF THE FOLLOWING:
(a) THE ALTERNATIVE NICOTINE PRODUCT NAME, CATEGORY, NICOTINE STRENGTH AND FLAVORS.
(b) A COPY OR IMAGE OF THE ALTERNATIVE NICOTINE PRODUCT'S PACKAGING AND WARNING LABEL.
(c) A TOXICOLOGY REPORT FOR THE ALTERNATIVE NICOTINE PRODUCT, IF REQUESTED BY THE DEPARTMENT.
C.
THE DIRECTOR MAY ESTABLISH A FEE FOR A LICENSE ISSUED PURSUANT TO THIS SECTION.
A LICENSE IS VALID FOR TWO YEARS.
D.
A LICENSEE SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE FOR EACH STOCKKEEPING UNIT OF EACH ALTERNATIVE NICOTINE PRODUCT THAT THE LICENSEE WILL MANUFACTURE AND THAT ARE FOR SALE IN THIS STATE.
THE DIRECTOR MAY DETERMINE THE ANNUAL STOCKKEEPING UNIT FEE THAT IS REQUIRED PURSUANT TO THIS SUBSECTION.
AN APPLICANT FOR A LICENSE ISSUED PURSUANT TO MANUFACTURETHIS ALTERNATIVESECTION NICOTINEMAY PRODUCTSPROVIDE THATTO ARETHE FORDEPARTMENT SALEAN INUPDATED PRODUCT CATALOG PURSUANT TO SUBSECTION D, PARAGRAPH 3 OF THIS STATESECTION WHILE THE APPLICANT'S APPLICATION IS NOTPENDING TRANSFERABLE.APPROVAL.
THEA LICENSEE SHALLMAY REPORTSUBMIT ANYAN CHANGEUPDATED INPRODUCT OWNERSHIPCATALOG OF THE BUSINESS OF THE LICENSEE, DIRECTLY OR INDIRECTLY, AS DEFINED BY RULE, TO THE DIRECTORDEPARTMENT WITHINAT THIRTYANY DAYSTIME. AFTER THE CHANGE IN OWNERSHIP.
SUBMITTING AN UPDATED PRODUCT CATALOG IS SUPPLEMENTARY TO THE REQUIREMENTS OF SUBSECTION D OF THIS SECTION, DOES NOT RENDER AN APPLICATION FOR A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION INCOMPLETE AND DOES NOT AFFECT THE VALIDITY OF A LICENSE OR THE ELIGIBILITY OF THE APPLICANT OR LICENSEE.
THE DEPARTMENT SHALL ISSUE A LICENSE PURSUANT TO MANUFACTURETHIS ALTERNATIVESECTION NICOTINETO PRODUCTSAN MAYAPPLICANT NOTTHAT BEMEETS LEASEDALL OROF SUBLEASED.THE QUALIFICATIONS OF THIS SECTION WITHIN ONE HUNDRED FIVE DAYS AFTER FILING THE APPLICATION.
AN APPLICANT FOR A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION OR FOR THE RENEWAL OF A LICENSE THAT IS ISSUED PURSUANT TO THIS SECTION SHALL FILE WITH THE APPLICATION A NOTARIZED ATTESTATION THAT IS SIGNED UNDER PENALTY OF PERJURY THAT FOR EACH ALTERNATIVE NICOTINE PRODUCT THAT IS IDENTIFIED IN THE MANUFACTURER'S PRODUCT CATALOG, BOTH OF THE FOLLOWING APPLY:
- 28 - H.B.
4001 1.
THE APPLICANT OR THE LICENSEE HAS SUBMITTED TO THE UNITED STATES FOOD AND DRUG ADMINISTRATION AN APPLICATION FOR A PREMARKET SUBMISSION OR REQUEST FOR MARKETING AUTHORIZATION PURSUANT TO 21 UNITED STATES CODE SECTION 387j.
2.
ANY DENIAL OF AN APPLICATION FOR ANY PRODUCT IN THE MANUFACTURER'S PRODUCT CATALOG IS PENDING ADMINISTRATIVE REVIEW BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION OR PENDING A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION PURSUANT TO 21 UNITED STATES CODE SECTION 387l.
H.
EACH APPLICANT SHALL DESIGNATE A MANAGER WHO IS RESPONSIBLE FOR MANAGING THE PREMISES OWNED BY THE APPLICANT.
THE DESIGNATED PERSON MAY BE THE APPLICANT.
THE SAME PERSON MAY BE DESIGNATED AS THE MANAGER FOR MORE THAN ONE PREMISES OWNED BY THE SAME APPLICANT OR LICENSEE.
NOTICE OF A CHANGE OF A LICENSEE'S MANAGER MUST BE FILED WITH THE DIRECTOR WITHIN THIRTY DAYS AFTER A CHANGE.
I.
A LICENSE MAY NOT BE ISSUED TO ANY APPLICANT WHO, WITHIN ONE YEAR BEFORE SUBMITTING AN APPLICATION PURSUANT TO THIS SECTION, HAS HAD A LICENSE REVOKED.
A LICENSE MAY NOT BE ISSUED TO OR RENEWED FOR ANY APPLICANT OR LICENSEE WHO, WITHIN FIVE YEARS BEFORE SUBMITTING THE APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO THIS SECTION, HAS BEEN CONVICTED OF A FELONY OR CONVICTED OF AN OFFENSE IN ANOTHER STATE OR JURISDICTION THAT WOULD BE A FELONY IN THIS STATE.
THE DIRECTOR SHALL REQUIRE ANY APPLICANT AND ANY CONTROLLING PERSON, OTHER THAN A BANK OR LICENSED LENDING INSTITUTION, ON A FORM THAT IS PROVIDED BY THE DEPARTMENT AND THAT IS NOTARIZED THAT WITHIN FIVE YEARS BEFORE SUBMITTING THE APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE PURSUANT TO THIS SECTION, THE APPLICANT OR CONTROLLING PERSON HAS NOT BEEN CONVICTED OF A FELONY IN THIS STATE OR AN OFFENSE IN ANOTHER STATE OR JURISDICTION THAT WOULD BE A FELONY IN THIS STATE.
J.
AN APPLICANT OR LICENSEE THAT IS DENIED A LICENSE OR LICENSE RENEWAL BY THE DEPARTMENT MAY APPEAL THAT DECISION TO THE BOARD PURSUANT TO SECTION 4-210.02.
K.
THE DIRECTOR MAY ESTABLISH A FEE FOR A LICENSE ISSUED OR RENEWED PURSUANT TO THIS SECTION.
A LICENSE IS VALID FOR ONE YEAR.
A LICENSE ISSUED PURSUANT TO THIS SECTION MUST BE RENEWED ANNUALLY IN A MANNER PRESCRIBED BY THE DIRECTOR.
A LICENSEE THAT FAILS TO RENEW A LICENSE ON OR BEFORE THE RENEWAL DATE SHALL PAY A PENALTY THAT IS DETERMINED BY THE DIRECTOR.
THE LICENSEE SHALL PAY THE LATE RENEWAL PENALTY WITH THE LICENSEE'S LICENSE RENEWAL FEE.
L.
A LICENSEE SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE FOR EACH STOCKKEEPING UNIT OF EACH ALTERNATIVE NICOTINE PRODUCT THAT THE LICENSEE WILL MANUFACTURE AND THAT IS FOR SALE IN THIS STATE.
THE DIRECTOR MAY DETERMINE THE ANNUAL STOCKKEEPING UNIT FEE THAT IS REQUIRED PURSUANT TO THIS SUBSECTION.
- 29 - H.B.
4001 M.
A LICENSE TO MANUFACTURE ALTERNATIVE NICOTINE PRODUCTS THAT ARE FOR SALE IN THIS STATE IS NOT TRANSFERABLE.
N.
A LICENSE TO MANUFACTURE ALTERNATIVE NICOTINE PRODUCTS MAY NOT BE LEASED OR SUBLEASED.
O.
THE DEPARTMENT MAY REQUEST THAT THE MANUFACTURER PROVIDE ANY ADDITIONAL DOCUMENTATION THAT THE DEPARTMENT DEEMS RELEVANT.
-P. 26 - H.B.
4001 H.
IS PROHIBITED FROM SELLING, GIVINGGIVING, MANUFACTURING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.COURT.
Q.
ALTERNATIVE NICOTINE PRODUCTS THAT ARE MANUFACTURED FOR SALE OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION MAY BE DEEMED CONTRABAND AND SEIZED AS EVIDENCE IN A CRIMINAL PROCEEDING UNDER THIS SECTION.
ON ADJUDICATION OF THE CRIMINAL PROCEEDING, THE COURT SHALL ORDER ALTERNATIVE NICOTINE PRODUCTS THAT ARE DEEMED CONTRABAND TO BE DESTROYED AS A TERM OF THE DISPOSITION OF THE CRIMINAL PROCEEDING.
R.
NOTWITHSTANDING ANY OTHER LAW, ALL RECEIPTS DERIVED FROM ALTERNATIVE NICOTINE PRODUCTS MANUFACTURING LICENSE APPLICATIONS ARE APPROPRIATED TO THE DEPARTMENT.
THE DEPARTMENT SHALL DEPOSIT MONIES RECEIVED PURSUANT TO THIS SECTION IN THE LIQUOR LICENSES FUND ESTABLISHED BY SECTION 4-120.
THE AMOUNT DEPOSITED IN THE LIQUOR LICENSES FUND PURSUANT TO THIS SECTION SHALL BE WITHOUT REGARD TO THE AMOUNT THAT IS APPROPRIATED TO THE DEPARTMENT BY THE LEGISLATURE.
Selling,Alternative delivering or giving of alternative nicotine products tomarketing; underage persons;
violations;violation;
EXCEPTA ASPERSON PROVIDEDMAY INNOT SECTIONMARKET, 36-798.07,ADVERTISE, ASELL RETAILER OR ACAUSE RETAILER'STO EMPLOYEEBE MAYSOLD NOTAN SELL ALTERNATIVE NICOTINE PRODUCTSPRODUCT TOIN A PERSONCONTAINER WHOTHAT ISDOES UNDERANY TWENTY-ONE YEARS OF AGE.THE FOLLOWING:
B.
ON THE RECEIPT OF NOTICE OF A VIOLATION OF SUBSECTION A OF THIS SECTION, THE DIRECTOR SHALL PROVIDE NOTICE OF THE ALLEGED VIOLATION TO THE RETAILER WHO IS ALLEGED TO HAVE COMMITTED THE VIOLATION.
AFTER A HEARING, IF A RETAILER IS FOUND TO HAVE COMMITTED A VIOLATION OF THIS SECTION, THE FOLLOWING PENALTIES APPLY:
THE DIRECTOR SHALL ORDER A RETAILER THAT COMMITS A FIRST VIOLATION OF THIS SECTION TO ATTEND A DIRECTOR-APPROVED ALTERNATIVE NICOTINE PRODUCTS RETAILER EDUCATIONAL COURSE THAT HAS BEEN APPROVED BY THE DIRECTOR AND PAY A CIVIL PENALTY OF AT LEAST $500 BUT NOT MORE THAN $750.
2.
A RETAILER THAT COMMITS A SECOND VIOLATION OF THIS SECTION AT THE SAME LICENSED LOCATION WITHIN TWENTY-FOUR MONTHS IS GUILTY OF A CLASS 3 MISDEMEANOR AND:
(a) SHALL PAY A FINE OF AT LEAST $2,000 BUT NOT MORE THAN $3,000.
(b) SHALL ATTEND A DIRECTOR-APPROVED ALTERNATIVE NICOTINE PRODUCTS RETAILER EDUCATIONAL COURSE.
(c) IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.
3.
A RETAILER THAT COMMITS A THIRD VIOLATION OF THIS SECTION AT THE SAME LICENSED LOCATION WITHIN TWENTY-FOUR MONTHS IS GUILTY OF A CLASS 1 MISDEMEANOR AND:
(a) SHALL PAY A CIVIL PENALTY OF AT LEAST $10,000.
(b) SHALL ATTEND A DIRECTOR-APPROVED ALTERNATIVE NICOTINE PRODUCTS RETAILER EDUCATIONAL COURSE.
(c) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE HUNDRED TWENTY DAYS.
(d) IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.
4.
A RETAILER THAT COMMITS A FOURTH OR SUBSEQUENT VIOLATION OF THIS SECTION AT THE SAME LICENSED LOCATION WITHIN TWENTY-FOUR MONTHS IS GUILTY OF A CLASS 6 FELONY AND:
- 27 - H.B.
4001 (a) SHALL PAY A FINE OF AT LEAST $10,000.
(b) SHALL ATTEND A DIRECTOR-APPROVED ALTERNATIVE NICOTINE PRODUCTS EDUCATIONAL COURSE.
(c) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
(d) IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.
5.
A RETAILER THAT COMMITS A FOURTH OR SUBSEQUENT VIOLATION OF THIS SECTION AT THE SAME LICENSED LOCATION WITHIN TWELVE MONTHS IS GUILTY OF A CLASS 5 FELONY AND:
(a) SHALL PAY A FINE OF AT LEAST $10,000.
(b) SHALL ATTEND A DIRECTOR-APPROVED ALTERNATIVE NICOTINE PRODUCT RETAILER EDUCATIONAL COURSE.
(c) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
(d) IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.
C.
IF THE DIRECTOR ORDERS A RETAILER TO ATTEND AN ALTERNATIVE NICOTINE PRODUCTS RETAILER EDUCATIONAL COURSE, EACH OWNER AND PERSON WHO SERVES IN A MANAGERIAL POSITION AND AT LEAST ONE PERSON WHO SERVES IN A NONMANAGERIAL POSITION SHALL ATTEND THE COURSE.
D.
THE DEPARTMENT MAY COORDINATE WITH APPROPRIATE LAW ENFORCEMENT AGENCIES TO ENFORCE THIS SECTION.
E.
A PERSON WHO SELLS ALTERNATIVE NICOTINE PRODUCTS IN VIOLATION OF THIS SECTION IS GUILTY OF A CLASS 5 FELONY AND:
1.
SHALL PAY A FINE OF AT LEAST $10,000.
2.
IS PROHIBITED FROM SELLING, GIVING OR FURNISHING ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
3.
IS SUBJECT TO ANY OTHER PUNISHMENT DEEMED APPROPRIATE BY THE DIRECTOR.
4-404.
Alternative nicotine products marketing A.
A LICENSEE MAY NOT MARKET, ADVERTISE, SELL OR CAUSE TO BE SOLD AN ALTERNATIVE NICOTINE PRODUCT IN A CONTAINER THAT DOES ANY OF THE FOLLOWING:
1.
5.- 30 - H.B.
IS4001 IN5. A PRODUCT SHAPE OR DESIGN THAT IS MEANT TO DISGUISE THE APPEARANCE OF THE ALTERNATIVE NICOTINE PRODUCT, INCLUDING THE SHAPE OR DESIGN OR ANY OF THE FOLLOWING:
-IS 28IN -A H.B.PRODUCT SHAPE OR DESIGN THAT IS MEANT TO DISGUISE THE APPEARANCE OF THE ALTERNATIVE NICOTINE PRODUCT, INCLUDING THE SHAPE OR DESIGN OF ANY OF THE FOLLOWING:
4001 (a) A SCHOOL OR OFFICE SUPPLY.
ALTERNATIVE NICOTINE PRODUCTS SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION AREMAY BE DEEMED CONTRABAND AND SUBJECTSEIZED TOAS SEIZUREEVIDENCE ANDIN DESTRUCTIONA ORCRIMINAL DISPOSAL.PROCEEDING UNDER THIS SECTION.
4-405.ON ADJUDICATION OF THE CRIMINAL PROCEEDING, THE COURT SHALL ORDER ALTERNATIVE NICOTINE PRODUCTS THAT ARE DEEMED CONTRABAND TO BE DESTROYED AS A TERM OF THE DISPOSITION OF THE CRIMINAL PROCEEDING.
C.
A VIOLATION OF THIS SECTION IS A CLASS 3 MISDEMEANOR.
4-404.
IF A RETAILER OF ALTERNATIVE NICOTINE PRODUCTS OR ANY OTHER PERSON QUESTIONS OR HAS REASON TO QUESTION THAT THE PERSON PURCHASING, ATTEMPTING TO PURCHASE OR OTHERWISE PROCURING OR ATTEMPTING TO PROCURE AN ALTERNATIVE NICOTINE PRODUCTSPRODUCT IS UNDER TWENTY-ONE YEARS OF AGE, THE RETAILER OF THE ALTERNATIVE NICOTINE PRODUCT OR OTHER PERSON SHALL DO ALL OF THE FOLLOWING:
DETERMINE THAT THE DATE OF BIRTH IN THE IDENTIFICATION INDICATES THAT THE PERSON IS NOT UNDER TWENTY-ONE YEARS OF AGE.
5.
SCAN THE PERSON'S IDENTIFICATION USING AN ELECTRONIC SCANNING DEVICE.
AN UNEXPIRED NONOPERATING IDENTIFICATION LICENSE THAT IS- ISSUED31 TO- AH.B. PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE DOES NOT CONSTITUTE ACCEPTABLE IDENTIFICATION THIRTY DAYS AFTER THE PERSON REACHES TWENTY-ONE YEARS OF AGE.
-4001 29IS -ISSUED H.B.TO A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE DOES NOT CONSTITUTE ACCEPTABLE IDENTIFICATION THIRTY DAYS AFTER THE PERSON REACHES TWENTY-ONE YEARS OF AGE.
4001 4.
4-405.
Grounds for revocation, suspension or refusal to renew AFTER NOTICE AND A HEARING PURSUANT TO SECTION 4-210, SUBSECTION G, THE DIRECTOR MAY SUSPEND, REVOKE OR REFUSE TO RENEW ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER FOR ANY OF THE FOLLOWING REASONS:
1.
THE LICENSEE OR CONTROLLING PERSON VIOLATES OR FAILS TO COMPLY WITH THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER.
2.
THE LICENSEE OR CONTROLLING PERSON KNOWINGLY FILES WITH THE DEPARTMENT AN APPLICATION OR OTHER DOCUMENT THAT CONTAINS MATERIAL INFORMATION THAT IS FALSE OR MISLEADING OR WHILE UNDER OATH KNOWINGLY GIVES TESTIMONY IN AN INVESTIGATION OR OTHER PROCEEDING UNDER THIS CHAPTER THAT IS FALSE OR MISLEADING.
3.
THE LICENSED BUSINESS IS DELINQUENT FOR MORE THAN ONE HUNDRED TWENTY DAYS IN PAYING TAXES, PENALTIES OR INTEREST IN AN AMOUNT THAT EXCEEDS $250 TO THIS STATE OR TO ANY POLITICAL SUBDIVISION OF THIS STATE.
4.
THE LICENSEE OR CONTROLLING PERSON IS CONVICTED OF A FELONY, EXCEPT THAT FOR A CONVICTION OF A CORPORATION TO SERVE AS A REASON FOR ANY ACTION BY THE DIRECTOR, CONDUCT THAT CONSTITUTES THE CORPORATE OFFENSE AND THAT WAS THE BASIS FOR THE FELONY CONVICTION MUST HAVE BEEN ENGAGED IN, AUTHORIZED, SOLICITED, COMMANDED OR RECKLESSLY TOLERATED BY THE DIRECTORS OF THE CORPORATION OR BY A HIGH MANAGERIAL AGENT ACTING WITHIN THE SCOPE OF EMPLOYMENT.
5.
THE LICENSEE MARKETS, ADVERTISES, SELLS OR CAUSES TO BE SOLD AN ALTERNATIVE NICOTINE PRODUCT IN VIOLATION OF SECTION 4-403.
8.9.
Tobacco products, alternative nicotine products or tobacco and shisha instruments and paraphernalia;
A person who knowingly sells, gives or furnishes a tobacco product, a vapor product orAN anyALTERNATIVE instrumentNICOTINE orPRODUCT paraphernalia that is solely designed for smoking or ingestingany tobaccoinstrument PRODUCTS- or32 shisha,- includingH.B. a hookah or waterpipe, to a person who is under twenty-one years of age is guilty of a petty offense.
4001 or paraphernalia that is solely designed for smoking or ingesting tobacco PRODUCTS or shisha, including a hookah or waterpipe, to a person who is under twenty-one years of age is guilty of a petty offense.
Except as provided in section 36-798.07, a person who is under twenty-one years of age and who buys, or has in the person's possession or knowingly accepts or receives from any person, a tobacco product, a vapor product AN ALTERNATIVE NICOTINE PRODUCT or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco PRODUCTS or shisha, including a hookah or waterpipe, is guilty of a petty offense, and if the offense involves any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco PRODUCTS or shisha, shall pay a fine of at least $100 or perform at least thirty hours of community restitution.
A person who is under twenty-one years of age AND who misrepresents the person's age to another person by means of a written instrument of identification with the intent to induce the other person to sell, give or furnish a tobacco product, a vapor product AN ALTERNATIVE NICOTINE PRODUCT or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco PRODUCTS or shisha, including a hookah or waterpipe, in violation of subsection A or B of this section is guilty of a petty offense and, notwithstanding section 13-802, shall pay a fine of not more than $500.
-E. 30 - H.B.
4001NOTWITHSTANDING E.SUBSECTION A OF THIS SECTION AND SECTIONS 13-802 AND 13-803:
NOTWITHSTANDING SUBSECTION A OF THIS SECTION:
(d)- IS33 PROHIBITED- FROMH.B. SELLING, GIVING OR FURNISHING TOBACCO PRODUCTS FOR A PERIOD OF ONE HUNDRED TWENTY DAYS.
4001 (d) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE HUNDRED TWENTY DAYS.
(d) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
(d) IS PROHIBITED FROM SELLING, GIVING OR FURNISHING TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS FOR A PERIOD OF ONE YEAR.
-D. 31 - H.B.
4001 D.
"ALTERNATIVE NICOTINE PRODUCT" HAS THE SAME MEANING PRESCRIBED IN SECTION 4-101.
2.
"NICOTINE" HAS THE SAME MEANING PRESCRIBED IN SECTION 4-101.
- 34 - H.B.
4001 1.
3.
4.
9.10.
Possessing, accepting or receiving tobacco product, vapor product, alternative nicotine product or tobacco or shisha instruments or paraphernalia;
-1. 32 - H.B.
4001 1.
The use or possession of the tobacco product, THE vapor product, THE ALTERNATIVE NICOTINE PRODUCT or any instrument or paraphernalia is allowed by the regulations and policies of the United States department of defense or the branch of the United States armed forces in which the person is serving.
C.- 35 - H.B.
4001 C.
"NICOTINE" HAS THE SAME MEANING PRESCRIBED IN SECTION 4-101.
3.
10.11.
Effective date;date Sections 4-401 and 4-402, Arizona Revised Statutes, as added by this act, are effective from and after December 31, 2027.
noticeAPPROVED A.BY THE GOVERNOR JUNE 4, 2026.
SectionsFILED 4-401IN andTHE 4-402,OFFICE ArizonaOF RevisedTHE Statutes,SECRETARY asOF addedSTATE byJUNE this5, act,2026. become effective on the earlier of the following:
1.- 36 -
From and after June 30, 2027 if the department of liquor licenses and control adopts rules to implement this act and the state liquor board determines that the compliance time frames are achievable.
2.
From and after December 31, 2027.
B.
The department of liquor licenses and control shall notify the director of the Arizona legislative council in writing on or before July 1, 2027 if the requirements of subsection A, paragraph 1 of this section have been met.
- 33 -
Show all 361 changed rows (321 more)
View plain text versions (8)
- Chaptered Chaptered Version Current pdf
- Engrossed House Engrossed Version (03/16/2026) pdf
- Engrossed Senate Engrossed Version (05/26/2026) pdf
- HOUSE - Commerce View text pdf
- SENATE - Regulatory Affairs and Government Efficiency View text pdf
- Amended HOUSE - Floor Amend to COM - Weninger - passed pdf
- Amended SENATE - Boilick flr amend (ref RAGE) adopted pdf
- Introduced Introduced Version pdf
Action History
-
Signed by Governor
-
Transmit to Governor
-
PASSED
-
PASSED
-
Transmit to House
-
PASSED
-
DPA
-
DPA
-
Senate Second Reading
-
W/D
-
Senate First Reading
-
Transmit to Senate
-
PASSED
-
DPA
-
DPA
-
House Second Reading
-
House First Reading.
Sponsors
- Jeff Weninger · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 26 voted No
Sponsors (1)
- Jeff Weninger Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 15 | 11 | 0 | 1 |
| Republican | 24 | 6 | 0 | 3 |
| Total | 39 | 17 | 0 | 4 |
| % of votes cast | 65% | 28% | 0% | 7% |
How each member voted (60)
| Member | Party | Vote |
|---|---|---|
| Aaron Márquez | Democrat | Nay |
| Alma Hernandez | Democrat | Yea |
| Anna Abeytia | Democrat | Nay |
| Betty J Villegas | Democrat | Nay |
| Brian Garcia | Democrat | Nay |
| Cesar Aguilar | Democrat | Nay |
| Christopher Mathis | Democrat | Yea |
| Consuelo Hernandez | Democrat | Yea |
| Elda Luna-Nájera | Democrat | Yea |
| Janeen Connolly | Democrat | Yea |
| Junelle Cavero | Democrat | Yea |
| Kevin Volk | Democrat | Yea |
| Lorena Austin | Democrat | Nay |
| Lupe Contreras | Democrat | Yea |
| Lydia Hernandez | Democrat | Yea |
| Mae Peshlakai | Democrat | Yea |
| Mariana Sandoval | Democrat | Nay |
| Myron Tsosie | Democrat | Yea |
| Nancy Gutierrez | Democrat | Yea |
| Oscar De Los Santos | Democrat | Yea |
| Patty Contreras | Democrat | Yea |
| Quantá Crews | Democrat | Nay |
| Sarah Liguori | Democrat | Nay |
| Seth Blattman | Democrat | Not Voting |
| Stacey Travers | Democrat | Yea |
| Stephanie Simacek | Democrat | Nay |
| Stephanie Stahl Hamilton | Democrat | Nay |
| Alexander Kolodin | Republican | Nay |
| Beverly Pingerelli | Republican | Yea |
| Chris Lopez | Republican | Yea |
| Cody Reim | Republican | Nay |
| David Livingston | Republican | Not Voting |
| Gail Griffin | Republican | Yea |
| James Taylor | Republican | Yea |
| Jeff Weninger | Republican | Yea |
| John Gillette | Republican | Yea |
| Julie Willoughby | Republican | Yea |
| Justin Olson | Republican | Nay |
| Justin Wilmeth | Republican | Yea |
| Khyl Powell | Republican | Nay |
| Laurin Hendrix | Republican | Not Voting |
| Leo Biasiucci | Republican | Yea |
| Lisa Fink | Republican | Yea |
| Lupe Diaz | Republican | Yea |
| Matt Gress | Republican | Not Voting |
| Michael Carbone | Republican | Yea |
| Michael Way | Republican | Yea |
| Michele Peña | Republican | Yea |
| Neal Carter | Republican | Yea |
| Nick Kupper | Republican | Yea |
| Pamela Carter | Republican | Nay |
| Quang H Nguyen | Republican | Yea |
| Rachel Keshel | Republican | Nay |
| Ralph Heap | Republican | Yea |
| Selina Bliss | Republican | Yea |
| Steve Montenegro | Republican | Yea |
| Sylvia Allen | Republican | Yea |
| Teresa Martinez | Republican | Yea |
| Tony Rivero | Republican | Yea |
| Walt Blackman | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 10 | 2 | 0 | 1 |
| Republican | 14 | 0 | 0 | 3 |
| Total | 24 | 2 | 0 | 4 |
| % of votes cast | 80% | 7% | 0% | 13% |
How each member voted (30)
| Member | Party | Vote |
|---|---|---|
| Analise Ortiz | Democrat | Yea |
| Brian Fernandez | Democrat | Yea |
| Catherine Miranda | Democrat | Yea |
| Denise “Mitzi” Epstein | Democrat | Nay |
| Eva Diaz | Democrat | Yea |
| Flavio Bravo | Democrat | Yea |
| Kiana Sears | Democrat | Yea |
| Lauren Kuby | Democrat | Yea |
| Lela Alston | Democrat | Yea |
| Priya Sundareshan | Democrat | Yea |
| Rosanna Gabaldón | Democrat | Not Voting |
| Sally Ann Gonzales | Democrat | Yea |
| Theresa Hatathlie | Democrat | Nay |
| Carine Werner | Republican | Yea |
| David C. Farnsworth | Republican | Yea |
| David Gowan | Republican | Yea |
| Frank Carroll | Republican | Yea |
| Hildy Angius | Republican | Yea |
| J.D. Mesnard | Republican | Yea |
| Jake Hoffman | Republican | Not Voting |
| Janae Shamp | Republican | Not Voting |
| John Kavanagh | Republican | Yea |
| Kevin Payne | Republican | Yea |
| Mark Finchem | Republican | Yea |
| Shawnna Bolick | Republican | Yea |
| Thomas "T.J." Shope | Republican | Yea |
| Timothy "Tim" Dunn | Republican | Yea |
| Venden "Vince" Leach | Republican | Not Voting |
| Warren Petersen | Republican | Yea |
| Wendy Rogers | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 5 | 16 | 0 | 6 |
| Republican | 27 | 3 | 0 | 3 |
| Total | 32 | 19 | 0 | 9 |
| % of votes cast | 53% | 32% | 0% | 15% |
How each member voted (60)
| Member | Party | Vote |
|---|---|---|
| Aaron Márquez | Democrat | Nay |
| Alma Hernandez | Democrat | Not Voting |
| Anna Abeytia | Democrat | Nay |
| Betty J Villegas | Democrat | Not Voting |
| Brian Garcia | Democrat | Nay |
| Cesar Aguilar | Democrat | Nay |
| Christopher Mathis | Democrat | Not Voting |
| Consuelo Hernandez | Democrat | Yea |
| Elda Luna-Nájera | Democrat | Yea |
| Janeen Connolly | Democrat | Not Voting |
| Junelle Cavero | Democrat | Not Voting |
| Kevin Volk | Democrat | Nay |
| Lorena Austin | Democrat | Nay |
| Lupe Contreras | Democrat | Yea |
| Lydia Hernandez | Democrat | Yea |
| Mae Peshlakai | Democrat | Nay |
| Mariana Sandoval | Democrat | Nay |
| Myron Tsosie | Democrat | Not Voting |
| Nancy Gutierrez | Democrat | Nay |
| Oscar De Los Santos | Democrat | Nay |
| Patty Contreras | Democrat | Nay |
| Quantá Crews | Democrat | Nay |
| Sarah Liguori | Democrat | Nay |
| Seth Blattman | Democrat | Nay |
| Stacey Travers | Democrat | Yea |
| Stephanie Simacek | Democrat | Nay |
| Stephanie Stahl Hamilton | Democrat | Nay |
| Alexander Kolodin | Republican | Nay |
| Beverly Pingerelli | Republican | Yea |
| Chris Lopez | Republican | Yea |
| David Livingston | Republican | Nay |
| David Marshall, Sr. | Republican | Yea |
| Gail Griffin | Republican | Yea |
| James Taylor | Republican | Yea |
| Jeff Weninger | Republican | Yea |
| John Gillette | Republican | Yea |
| Joseph Chaplik | Republican | Not Voting |
| Julie Willoughby | Republican | Yea |
| Justin Olson | Republican | Nay |
| Justin Wilmeth | Republican | Yea |
| Khyl Powell | Republican | Yea |
| Laurin Hendrix | Republican | Yea |
| Leo Biasiucci | Republican | Yea |
| Lisa Fink | Republican | Yea |
| Lupe Diaz | Republican | Yea |
| Matt Gress | Republican | Not Voting |
| Michael Carbone | Republican | Yea |
| Michael Way | Republican | Yea |
| Michele Peña | Republican | Yea |
| Neal Carter | Republican | Yea |
| Nick Kupper | Republican | Yea |
| Pamela Carter | Republican | Yea |
| Quang H Nguyen | Republican | Yea |
| Rachel Keshel | Republican | Not Voting |
| Ralph Heap | Republican | Yea |
| Selina Bliss | Republican | Yea |
| Steve Montenegro | Republican | Yea |
| Teresa Martinez | Republican | Yea |
| Tony Rivero | Republican | Yea |
| Walt Blackman | Republican | Yea |
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 4001?
- HB 4001 is sponsored by Jeff Weninger (Republican).
- What is the current status of HB 4001?
- This bill has been enacted into law. Introduced February 09, 2026. Enacted.
- Where can I track HB 4001?
- Track HB 4001 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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