Connecticut 2026 Session Status: In Committee

HB 5539 — AN ACT CONCERNING REQUIREMENTS FOR AND PENALTIES ON HOLDERS OF DEALER REGISTRATIONS REGARDING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND MANUFACTURER REGISTRATION REQUIREMENTS OF SUCH DELIVERY SYSTEMS AND PRODUCTS.

Last action — FILE NO. 671

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

This bill is in committee in the House. Introduced March 11, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

744 added · 478 removed

Plain-language change summary

The bill has shifted focus from addressing licenses and penalties specifically for cigarette and tobacco product distributors to establishing requirements and penalties for dealers of electronic nicotine delivery systems and vapor products. This change highlights a growing concern about the regulation of vaping products, which have become increasingly popular, particularly among younger populations. By tightening regulations around these products, the legislation aims to better protect public health and ensure responsible sales practices.

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General Assembly Raised Bill No.
House of Representatives General Assembly File No.
5539 February Session, 2026 LCO No.
671 February Session, 2026 Substitute House Bill No.
2960 Referred to Committee on FINANCE, REVENUE AND BONDING Introduced by:
5539 House of Representatives, April 16, 2026 The Committee on Finance, Revenue and Bonding reported through REP.
(FIN) AN ACT CONCERNING CIGARETTE AND TOBACCO PRODUCTS DISTRIBUTOR AND DEALER LICENSES AND PENALTIES FOR ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS VIOLATIONS.
HORN of the 64th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING REQUIREMENTS FOR AND PENALTIES ON HOLDERS OF DEALER REGISTRATIONS REGARDING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND MANUFACTURER REGISTRATION REQUIREMENTS OF SUCH DELIVERY SYSTEMS AND PRODUCTS.
Section 12-286 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2026):
(a) (1) The commissioner shall, after May 25, 1994, require for an initial application for a distributor's license, in addition to such other information deemed to be necessary, the filing of three affidavits from three recognized manufacturers of cigarettes stating such manufacturers' intent to supply the distributor if the applicant is granted a license.
A chain store shall be exempt from filing such affidavits.
Any pending application on May 25, 1994, and any person purchasing the business of a licensed distributor shall be exempt from filing such affidavits.
For purposes of this subsection, "chain store" means the operator or franchisor of five or more retail establishments.
LCO No.
2960 1 of 16 Raised Bill No.5539 (2) The commissioner may make public a list of recognized manufacturers of cigarettes.
(b) (1) A separate license shall be required for each class of business if the applicant is engaged in business both as a distributor and dealer.
The commissioner shall prescribe the form of the application for a distributor'slicense andfor adealer'slicense andfor therenewalofsuch licenses.
Such applications shall include, at a minimum:
(A) The name, address and electronic mail address of the applicant;
(B) The location that is to be or is operated under such distributor's license or dealer's license;
(C) The name of, and contact information for, each individual who hasa direct or indirect financialinterest insuchapplicant, unless(i)such applicant is a publicly traded company listed on a national stock exchange,or(ii)thefinancialinterestheldbysuchindividualownerand such individual's spouse, parents and children, in the aggregate, does not exceed five per cent of the total ownership or interest rights in such applicant;
(D) A criminal background check for each owner listed in such application, conducted in accordance with the provisions of section 21a- 421c;
(E) The name of the individual who shall serve as the fiduciary agent and guarantor for such applicant, which individual shall be personally liable in the event of any noncompliance that results in a debt owed to the Department of Revenue Services;
(F) A disclosure of any enforcement action against, and any negotiated settlement entered into by, such applicant or any owner disclosed pursuant to this subsection, which action or settlement is related to the sale of cigarettes, electronic nicotine delivery systems, tobacco products or vapor products;
LCO No.
2960 2 of 16 Raised Bill No.
5539 (G) The name of a manager or supervisor who is or will be physically present at such applicant's location or proposed location;
and (H) A certification that all cigarettes and tobacco products offered for sale by the applicant comply with federal and state law, including the federal Food, Drug and Cosmetic Act, 21 USC 387 et seq., as amended from time to time.
(2) Each license so issued shall be conspicuously displayed on the premises covered by the license.
(c) The commissioner shall make regulations not inconsistent with the law for the licensing of vending machines.
(d) The commissioner may, in the commissioner's discretion, refuse to issue a license if there is reasonable ground to believe (1) that the applicant has wilfully made any false statement of substance with respect to such application for license, (2) that the applicant has neglected to pay any taxes due to this state, or (3) that the applicant has been convicted of violating any of the cigarette or other tobacco products tax laws of this or any other state or the cigarette tax laws of the United States or has such a criminal record that the commissioner reasonably believes that such applicant is not a suitable person to be issued a license, provided no refusal shall be rendered under this subdivision except in accordance with the provisions of sections 46a-80 and 46a-81.
(e) (1) Any person who knowingly sells, offers for sale or possesses with intent to sell any cigarettes, without a license as provided in this chapter, shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both, for each offense.
Each day of such unauthorized operation may be deemed a separate offense.
The provisions of this subdivision shall not apply to any person whose dealer's license has expired, provided the period of operation without such license is not more than ninety days after the date of expiration.
LCO No.
2960 3 of 16 Raised Bill No.5539 (2) Any person who knowingly sells at retail, offers for sale at retail or possesses with intent to sell at retail any taxed tobacco products, as defined in section 12-330a, without a dealer's license as provided in this chapter, shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both, for each offense.
Each day of such unauthorized operation may be deemed a separate offense.
The provisions of this subdivision shall not apply to any person whose dealer's license has expired, provided the period of operation without such license is not more than ninety days from the date of expiration.
(3) Any person whose dealer's license has expired and who knowingly sells at retail, offers for sale at retail or possesses with intent to sell at retail any cigarettes or taxed tobacco products, as defined in section 12-330a, where such person's period of operation without such license is not more than ninety days from the date of expiration of such license, shall be fined three hundred fifty dollars.
(f) Any cigarettes or tobacco products sold, offered for sale or marketed in violation of this section shall be deemed a common nuisance and shall be subject to immediate seizure by the state or local police.
The authorized officer shall hold such cigarettes or tobacco product subject to confiscation and destruction by order of a court of competent jurisdiction.
All costs of such seizure, confiscation and destruction shall be borne by the person selling, offering for sale or marketing such cigarettes or tobacco products.
(g) A violation of this section shall be an unfair trade practice pursuant to subsection (a) of section 42-110b and the Commissioner of Consumer Protection may authorize the Commissioner of Revenue Services to bring an action pursuant to said section.
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(1) "Authorized owner" means the owner or authorized designee of a business entity that is applying for a registration or is registered with the Department of Consumer Protection pursuant to this chapter;
2960 4 of 16 Raised Bill No.5539 (1) "Authorized owner" means the owner or authorized designee of a business entity that is applying for a registration or is registered with the Department of Consumer Protection pursuant to this chapter;
(2) "Business entity" means any corporation, limited liability company, association, partnership, sole proprietorship, government, sHB5539 / File No.
(2) "Business entity" means any corporation, limited liability company, association, partnership, sole proprietorship, government, governmental subdivision or agency, business trust, estate, trust or any other legal entity;
671 1 sHB5539 File No.
671 governmental subdivision or agency, business trust, estate, trust or any other legal entity;
LCO No.
(9) "Manufacturer registration" means an electronic nicotine delivery system certificate of manufacturer registration issued by the Commissioner of Consumer Protection pursuant to section 21a-415a to any person who mixes, compounds, repackages or resizes any nicotine- containing electronic nicotine delivery system or vapor product;
2960 5 of 16 Raised Bill No.5539 (9) "Manufacturer registration" means an electronic nicotine delivery system certificate of manufacturer registration issued by the Commissioner of Consumer Protection pursuant to section 21a-415a to any person who mixes, compounds, repackages or resizes any nicotine- containing electronic nicotine delivery system or vapor product;
(10) "Sale" or "sell" means transferring, or offering or attempting to sHB5539 / File No.
(10) "Sale" or "sell" means transferring, or offering or attempting to transfer, for consideration, including bartering or exchanging, or offering to barter or exchange by any person,whether done as principal, proprietor, agent, servant or employee;
671 2 sHB5539 File No.
671 transfer, for consideration, including bartering or exchanging, or offering to barter or exchange by any person,whether done as principal, proprietor, agent, servant or employee;
A separate dealer registration shall be required for each place of business where such LCO No.
A separate dealer registration shall be required for each place of business where such system or product is sold, offered for sale or possessed with the intent to sell.
2960 6 of 16 Raised Bill No.5539 system or product is sold, offered for sale or possessed with the intent to sell.
(2) The holder of a dealer registration shall maintain a sign, in a form and manner prescribed by the commissioner and posted on the Department of Consumer Protection's Internet web site, on all external entry doors of the location operated under such dealer registration, which shall clearly disclose that cannabis may not be sold at such location.
(2) The holder of a dealer registration shall maintain a sign, in a form and manner prescribed by the commissioner and posted on the sHB5539 / File No.
(3) Each holder of a dealer registration that derives at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, nicotine products, synthetic nicotine, tobacco products and vapor products shall verify, with a valid government-issued driver's license or identity card, the age of each individual entering the location operated under such dealer registration, and shall prohibit any individual younger than twenty-one years of age from entering such location.
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(4) Each holder of a dealer registration shall maintain a complete set of records required pursuant to this section, and all financial records necessary to verify whether such holder derives at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, nicotine products, synthetic nicotine, tobacco products and vapor products, for the then current tax year and the three immediately preceding tax years.
671 Department of Consumer Protection's Internet web site, on all external entry doors of the location operated under such dealer registration, which shall clearly disclose that cannabis may not be sold at such location.
As used in this subsection and subsection (j) of this section, "cannabis" has the same meaning as provided in section 21a-420.
(3) Each holder of a dealer registration that derives at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, nicotine products, synthetic nicotine, tobacco products and vapor products shall:
[verify] (A)Verify,withavalidgovernment-issueddriver'slicenseoridentity card, the age of each individual entering the location operated under such dealer registration, and shall prohibit any individual younger than twenty-one years of age from entering such location;
and (B) Obtain a compliance bond in an amount not less than two hundred fifty thousand dollars.
Such compliance bond (i) may be provided by a corporate surety or posted as cash held in an attorney's escrow account or as United States government bonds payable to the state, (ii) shall be conditioned on the holder of a dealer registration's compliance with all laws and regulations governing such holder's business and payment of all taxes, fees, penalties and other charges related to such business, and (iii) shall provide that it is forfeited to the state upon the holder's violation of a law applicable to such holder's business.
The Commissioner of Consumer Protection may use the proceeds of the compliance bond for the payment of fines or penalties assessed against the holder of a dealer registration or to reimburse costs associated with the seizure and confiscation of such holder's products and the destruction of such confiscated products.
(4) Each holder of a dealer registration shall maintain a complete set of records required pursuant to this section, and all financial records necessary to verify whether such holder derives at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, nicotine products, synthetic nicotine, tobacco products and vapor products, for the then current tax sHB5539 / File No.
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671 year and the three immediately preceding tax years.
Such holder shall produce such records to the department in an LCO No.
Such holder shall produce such records to the department in an electronic format, unless it is commercially impractical to produce such records to the department in an electronic format.
2960 7 of 16 Raised Bill No.5539 electronic format, unless it is commercially impractical to produce such records to the department in an electronic format.
(D) A third-party local and national criminal background check for each owner listed on such application, which background check shall (i) be conducted by a third-party consumer reporting agency or background screening company that is in compliance with the federal Fair Credit Reporting Act and accredited by the Professional Background Screening Association, (ii) include a multistate and multijurisdiction criminal record locator or other similar commercial nation-wide database with validation and such other background screening as the commissioner may require, and (iii) be requested by such applicant not more than sixty days prior to submission of such application;
(D) A third-party local and national criminal background check for each owner listed on such application, which background check shall (i) be conducted by a third-party consumer reporting agency or background screening company that is in compliance with the federal Fair Credit Reporting Act and accredited by the Professional Background Screening Association, (ii) include a multistate and multijurisdiction criminal record locator or other similar commercial nation-wide database with validation and such other background sHB5539 / File No.
(E) The name of the individual who shall serve as the fiduciary agent LCO No.
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2960 8 of 16 Raised Bill No.5539 and guarantor for such applicant, which individual shall be personally liable in the event of any noncompliance that results in a debt owed to the department;
671 screening as the commissioner may require, and (iii) be requested by such applicant not more than sixty days prior to submission of such application;
(E) The name of the individual who shall serve as the fiduciary agent and guarantor for such applicant, which individual shall be personally liable in the event of any noncompliance that results in a debt owed to the department;
and (H) A certification that (i) an authorized owner or named designee of such applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719, and (ii) all electronic nicotine delivery systems and vapor products offered for sale bytheapplicantcomplywithfederalandstatelaw,includingthefederal Food,Drug andCosmeticAct, 21USC 387et seq., asamendedfromtime to time.
[and] (H) A certification that (i) an authorized owner or named designee of such applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719, and (ii) all electronic nicotine delivery systems and vapor products offered for sale bytheapplicantcomplywithfederalandstatelaw,includingthefederal Food,Drug andCosmeticAct, 21USC 387et seq., asamendedfromtime to time;
and (I) Proof that the applicant has obtained a compliance bond as required under subparagraph (B) of subdivision (3) of subsection (b) of this section.
and (C) shall not issue a dealer registration or a renewal of a dealer registration to an applicant unless the applicant certifies that an authorized owner or named designee of the applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719.
and (C) shall not issue a dealer registration or a renewal of a dealer sHB5539 / File No.
(3) The commissioner shall issue a dealer registration to any such applicant not later than thirty days after the date of application unless LCO No.
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2960 9 of 16 Raised Bill No.5539 the commissioner finds:
671 registration to an applicant unless the applicant certifies that an authorized owner or named designee of the applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719.
(A) The applicant has made a materially false or misleading statement in such application or in any other application made to the commissioner;
(3) The commissioner shall issue a dealer registration or a renewal of a dealer registration toany suchapplicant not later thanthirty daysafter thedateofapplicationunlessthecommissioner finds:(A)The applicant, or any individual named in such application pursuant to subparagraph (C) of subdivision (1) of this subsection, has made a materially false or misleading statement in such application or in any other application made to the commissioner;
(D) the applicant has a criminal history that is a sufficient basis for denial under section 46a-80;
(D) the third-party local and national criminal background check for any authorized owner or named designee of the applicant [has a criminal history that is] affords a sufficient basis for denial under section 46a-80;
or (E) the applicant has violated any other provision of this section.
or (E) the applicant, any authorized owner of the applicant or any entity owned or managed by any individual named in the applicant's application pursuant to subparagraph(C)ofsubdivision(1)ofthissubsection(i) has [violated] committed multiple violations of any other provision of this section,(ii)isthesubjectofadelinquencyassessmentbytheDepartment of Revenue Services, or (iii) is the subject of any other adverse determination by a government agency.
Each holder of a dealer registration shall annually attest in each renewal application as to whether such holder derived at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, nicotine products, synthetic nicotine, tobacco products and vapor products.
Each holder of a dealer registration shall annually attest in each renewal application as to whether such holder derived at least fifty per cent of its annual gross revenue from sales of cigarettes, drug paraphernalia, electronic nicotine delivery systems, sHB5539 / File No.
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671 nicotine products, synthetic nicotine, tobacco products and vapor products.
(e) (1) The Department of Consumer Protection may renew a dealer registration issued under this section that has expired if the applicant pays to the department any late fee imposed by the Commissioner of Consumer Protection pursuant to subsection (d) of section 21a-4, which late fee shall be in addition to the fees prescribed in this section for the LCO No.
(e) (1) The Department of Consumer Protection may renew a dealer registration issued under this section that has expired if the applicant pays to the department any late fee imposed by the Commissioner of Consumer Protection pursuant to subsection (d) of section 21a-4, which late fee shall be in addition to the fees prescribed in this section for the dealer registration applied for.
2960 10 of 16 Raised Bill No.5539 dealer registration applied for.
(3) A person holding a dealer registration shall be deemed to have constructive notice of communications sent by the Commissioner of Consumer Protection to an electronic mail address provided by such person.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, any business entity with a dealer registration that has expiredforaperiodofninetycalendardaysorlessandthat,during such ninety-day period, sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product shall be fined not more than five hundred dollars for each day such business entity is in violation of the provisions of this subdivision.
(2) Notwithstanding the provisions of subdivision (1) of this sHB5539 / File No.
[(3) A person holding a dealer registration shall update, through the Department of Consumer Protection's online licensing system, any application information such person has provided to the department pursuant to this section, including, but not limited to, any contact information, ownership information or criminal histories of the individual owners of the business entity, not later than thirty days after any change in such information.] (g) (1) For sufficient cause found as set forth in subdivision (2) of this subsection, the Commissioner of Consumer Protection may suspend or revoke a dealer registration, issue fines of not more than ten thousand dollars per violation, accept an offer in compromise or refuse to grant or LCO No.
671 8 sHB5539 File No.
2960 11 of 16 Raised Bill No.5539 renew a dealer registration, or place the registrant on probation, place conditions on such registrant or take other actions authorized by law.
671 subsection, any business entity with a dealer registration that has expiredforaperiodofninetycalendardaysorlessandthat,during such ninety-day period, sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product shall be fined not more than five hundred dollars for each day such business entity is in violation of the provisions of this subdivision.
[(3) A person holding a dealer registration shall update, through the Department of Consumer Protection's online licensing system, any application information such person has provided to the department pursuant to this section, including, but not limited to, any contact information, ownership information or criminal histories of the individual owners of the business entity, not later than thirty days after any change in such information.] (g) (1) For sufficient cause found as set forth in subdivision (2) of this subsection, the Commissioner of Consumer Protection may suspend or revoke a dealer registration, issue fines of not more than ten thousand dollars per violation, require the forfeiture of the full value of the registrant's compliance bond, accept an offer in compromise or refuse to grant or renew a dealer registration, [or] place the registrant on probation, place conditions on such registrant or take other actions authorized by law.
Nothing in this subdivision shall be construed to prevent the department from sharing any information with another state or federal agency or law enforcement insofar as such information relates to an investigation of any suspected violation of applicable law.
Nothing in this subdivision shall be construed to prevent the department from sharing any information with another state or federal agency or law enforcement insofar as such information relatesto an investigation of any suspected violation of applicable law.
(A) Furnishing any false or fraudulent information in an application or any failure to comply with the representations made in an application;
(A) Furnishing any false or fraudulent information in an application sHB5539 / File No.
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671 or any failure to comply with the representations made in an application;
LCO No.
(F) Any involvement in a fraudulent or deceitful practice or transaction;
2960 12 of 16 Raised Bill No.5539 (F) Any involvement in a fraudulent or deceitful practice or transaction;
(G) The possession, offer or sale of any illegal or controlled substance by the registrant, any owner of the registrant or any person with a financial interest in the registrant, unless otherwise permitted by applicable law;
(G) The possession,offer or saleofany illegalor controlledsubstance, unless otherwise permitted by applicable law;
(K) Any failure to cooperate, provide unfettered access to the location or provide information to the department, local law enforcement authorities or any other enforcement agency concerning any matter arising out of conduct in connection with a licensee or registrant;
(K) Any failure to cooperate, provide unfettered access to the location sHB5539 / File No.
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671 or provide information to the department, local law enforcement authorities or any other enforcement agency concerning any matter arising out of conduct in connection with a licensee or registrant;
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(M) Allowing an employee to promote any electronic nicotine delivery system or vapor product for a wellness purpose;
2960 13 of 16 Raised Bill No.5539 (M) Allowing an employee to promote any electronic nicotine delivery system or vapor product for a wellness purpose;
[(i)] (2) No person whose dealer registration has been revoked, including the owners of such registrant, shall apply for a dealer registration under this section for a period of one year after the date of such revocation.
sHB5539 / File No.
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671 [(i)] (2) No person whose dealer registration has been revoked, including the owners of such registrant, and any person with a financial interest in such registrant, shall apply for a dealer registration or have a financial interest in an applicant under this section for a period of one year after the date of such revocation.
The Attorney General, upon request of the commissioner, may bring an action in the superior court for the judicial district of Hartford to collect such civil penalty and for any LCO No.
The Attorney General, upon request of the commissioner, may bring an action in the superior court for the judicial district of Hartford to collect such civil penalty and for any injunctive or equitable relief.
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5539 injunctive or equitable relief.
(j) Any electronic nicotine delivery system or vapor product sold, offered for sale or marketed in violation of this section shall be deemed a common nuisance and shall be subject to immediate seizure by the state or local police.
(j) (1) Any electronic nicotine delivery system or vapor product sold, offered for sale or marketed in violation of this section by a registrant shall be deemed a common nuisance and shall be subject to immediate seizure by thestate or localpolice.
The authorized officer shall hold such electronic nicotine delivery system or vapor product subject to confiscation and destruction by order of a court of competent jurisdiction.
The authorizedofficer shallholdsuch electronic nicotine delivery system or vapor product subject to confiscation and destruction by order of a court of competent jurisdiction.
All costs of such seizure, confiscation and destruction shall be borne by the person selling, offering for sale or marketing such electronic nicotine delivery system or vapor product.
All costs of such seizure, confiscation and destruction shall be borne by the registrant selling, offering for sale or marketing such electronic nicotine delivery system or vapor product and may be paid from the proceeds of the registrant's compliance bond or sought from the registrant's fiduciary agent or guarantor.
sHB5539 / File No.
671 12 sHB5539 File No.
671 (2) Any controlled substance or cannabis sold, offered for sale or marketed by a registrant in violation of chapter 420b, 420f or 420h, as applicable, or regulations adopted thereunder, shall be subject to the provisions of subdivision (1) of this subsection.
Sec.
2.
(NEW) (Effective October 1, 2026) (a) (1) Not later than January 1, 2027, each manufacturer of an electronic nicotine delivery system or a vapor product that is sold or offered for sale in the state shall register such delivery system or product with the Department of Consumer Protection and provide the information required under this section.
Each such manufacturer shall renew its registration annually and shall pay an initial registration fee of two thousand dollars for each electronic delivery system or vapor product the manufacturer sells or offers for sale in the state and a renewal fee of five hundred dollars for each such delivery system or product.
(2) Not later than October 1, 2027, the Department of Consumer Protection shall develop and maintain a directory of (A) all electronic nicotine delivery systems and vapor products sold or offered for sale in the state, and (B) the manufacturers of such delivery systems and products.
The department shall post the directory on its Internet web site and shall update it as necessary, but not less than annually.
(3) On and after January 1, 2028, no electronic nicotine delivery system or vapor product that is not listed in the directory shall be sold or offered for sale in the state.
(b) (1) Each manufacturer of an electronic nicotine delivery system or a vapor product that is sold or offered for sale in the state shall certify under penalty of false statement that such electronic delivery system or sHB5539 / File No.
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671 vapor product (A) has been issued a marketing granted order by the federal Food and Drug Administration, or (B) was on the market as of September 9, 2020, and the manufacturer has received a filing letter or a substantive review letter from the federal Food and Drug Administration confirming that the application for the electronic delivery system or vapor product is currently undergoing scientific evaluation by the federal government.
(2) Each manufacturer shall provide to the Commissioner of Consumer Protection (A) a copy of the marketing granted order or the filing letter or substantive review letter, as applicable, (B) a unique submission tracking number for each electronic delivery system or vapor product, and (C) an annual certification that the electronic delivery system or vapor product has not been issued a marketing denial order by the federal Food and Drug Administration or been withdrawn from the federal review process.
(c) On and after the date set forth in subdivision (3) of subsection (a) of this section, any electronic delivery system or vapor product that is sold or offered for sale in the state in violation of this section shall be subject to the penalties and seizure provisions set forth in section 21a- 415 of the general statutes, as amended by this act.
Section 1 October 1, 2026 12-286 Sec.
Section 1 October 1, 2026 21a-415 Sec.
2 October 1, 2026 21a-415 Statement of Purpose:
2 October 1, 2026 New section Statement of Legislative Commissioners:
To (1) require applicants for cigarette and tobacco products distributor and dealer licenses and renewals to provide certain information with such applications, and (2) establish additional penalties for violations of state law regarding the sale, offer for sale or marketing of electronic nicotine delivery systems and vapor products.
In Section 1(b)(2), "As used in this section" was changed to "As used in this subsection" for accuracy, and in Section 2(a)(1), "such delivery system or product" was added after "shall register" for clarity.
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FIN Joint Favorable Subst.
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sHB5539 / File No.
5539 [Proposed deletions are enclosed in brackets.
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Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
671 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
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In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $ Consumer Protection, Dept.
GF - Cost 53,436 65,248 State Comptroller - Fringe GF - Cost 17,329 23,105 Benefits1 Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:
GF=General Fund Municipal Impact:
None Explanation The bill makes various changes to electronic nicotine delivery system and vapor product (i.e.
e-cigarette) regulations resulting in the costsand potential revenue gains described below.
Costs:
The bill requires the Department of Consumer Protection (DCP) to ensure e-cigarette dealers have a compliance bond of at least $250,000 and requires DCP to maintain a directory of all e-cigarettes sold in the state, resulting in a total cost to the state of $70,765 in FY 27 and $88,353 in FY 28.
To meet the requirements of the bill, DCP will need approximately $10,000 per year for overtime for existing staff and the agency will have The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.
The estimated active employee fringe benefit cost associated with most personnel changes is 41.82% of payroll in FY 27.
sHB5539 / File No.
671 15 sHB5539 File No.
671 to hire a processing technician for a cost of $43,436 in FY 27 and $55,248 in FY 28, along with associated fringe benefit costs of $17,329 in FY 27 and $23,105 in FY 28.
The overtime funding and additional employee are needed to ensure e-cigarette dealers procure compliance bonds, process the data submitted by the manufacturers, and maintain the directory.
Potential Revenue Gain:
Section 1 allows DCP to impose a civil penalty of up to $10,000 for certain e-cigarette violations resulting in a potential revenue gain to the General Fund (GF) to the extent violations occur.
Section 2 requires manufacturers to pay an initial registration fee of $2,000 and annual renewal fee of $500 for each e-cigarette product sold in the state resulting in a revenue gain to the GF.
The Out Years The annualized ongoing fiscal impact identified above will continue into the future subject to employee wage increases, the amount of overtime required, the number of violations, the number of e-cigarette products, and inflation.
2Costs in FY 27 reflect nine months of expenditures due to the bill's 10/1/2026 effective date.
sHB5539 / File No.
671 16 sHB5539 File No.
671 OLR Bill Analysis sHB 5539 AN ACT CONCERNING REQUIREMENTS FOR AND PENALTIES ON HOLDERS OF DEALER REGISTRATIONS REGARDING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND MANUFACTURER REGISTRATION REQUIREMENTS OF SUCH DELIVERY SYSTEMS AND PRODUCTS.
SUMMARY This bill expands the requirements for businesses that sell electronic nicotine delivery systems (ENDS) or vapor products, commonly known as e-cigarette dealers.
By law, e-cigarette dealers must have a dealer registration for each of their business locations and renew it annually.
Among other things, the bill:
1.
requires certain e-cigarette dealers to get a compliance bond of at least $250,000 that is conditioned on the dealer’s compliance with applicable laws and payment of related taxes, fees, penalties, and other charges;
2.
expands the individual owners who must provide their contact information and a third-party background check as part of a dealer’s application to include anyone with at least 5%, rather than 10%, ownership or interest rights;
3.
expands the information dealer registration applicants must provide to include a certification that the ENDS or vapor products they sell comply with federal and state laws;
4.
generally expands the circumstances under which the Department of Consumer Protection (DCP) may deny a dealer’s registration or take other enforcement actions;
5.
extendstheexistingone-year reapplicationprohibitionto anyone sHB5539 / File No.
671 17 sHB5539 File No.
671 with a financial interest in the e-cigarette dealer and prohibits anyone whose dealer registration was revoked from having a financial interest in another applicant for one year after the revocation date;
6.
authorizes the DCP commissioner to impose a civil penalty of up to $10,000 for each ENDS or vapor product sold in violation of the dealer registration law and requires these products to be deemed a common nuisance and subject to seizure by police;
7.
specifies that registered e-cigarette dealers are deemed to have constructive notice of communications the DCP commissioner sends to an email address they provided;
8.
makes violations of the dealer registration law a violation of the Connecticut Unfair Trade Practices Act (CUTPA, see BACKGROUND);
and 9.
makes technical and conforming changes.
The bill also establishes product certification and registration requirementsfor anyonemanufacturing ENDS andvapor products sold in Connecticut.
Specifically, it requires these manufacturers to:
1.
by October 1, 2026, certify that their products have received specified federal Food and Drug Administration (FDA) approvals or documents and 2.
by January 1, 2027, annually register with DCP each product they sell in Connecticut and pay an initial $2,000 registration fee and $500 renewal fee for each one.
It requires DCP, by October 1, 2027, to create an online directory of ENDS and vapor products sold in the state and bans the sale of unlisted products starting January 1, 2028.
EFFECTIVE DATE:
October 1, 2026 § 1 — E-CIGARETTE DEALERS sHB5539 / File No.
671 18 sHB5539 File No.
671 Compliance Bonds The bill imposes a compliance bond requirement on e-cigarette dealers that derive at least 50% of their annual gross revenue from selling e-cigarettes and cigarettes;
drug paraphernalia;
synthetic nicotine;
and nicotine, tobacco, or vapor products.
The bond must be for at least $250,000 and may be (1) provided by a surety bond company, (2) posted as cash in an attorney’s escrow account, or (3) posted as U.S.
government bonds payable to the state.
The bond must be:
1.
conditioned on the registration holder complying with the laws and regulations for e-cigarette businesses and paying all related taxes, fees, penalties, and charges and 2.
forfeited to the state if the holder violates any applicable business law.
The bill allows DCP to require the compliance bond’s full value to be forfeited and its proceeds used to pay fines and penalties assessed against the holder or as reimbursement for product seizure, confiscation, and destruction costs (as described below).
Individual Owners Existing law generally requires anyone applying for an initial or renewal e-cigarette dealer registration to provide the name and contact information and a third-party background check for the business’s individual owners (those with a direct or indirect financial interest in the applicant).
The bill expands this requirement to cover anyone with at least 5%, rather than10%, ownership or interest rights inthe business.
As under current law, this includes the total financial interest held by the individual owner and his or her spouse, parents, and children.
As under existing law, applicants do not need to provide this information if they are a publicly traded company listed on a national stock exchange.
sHB5539 / File No.
671 19 sHB5539 File No.
671 Grounds for Denying an Initial or Renewal Dealer Registration Under current law, the DCP commissioner must issue a dealer registration within 30 days of the application unless he makes certain findings.
The bill extends the same timeframe and reasons for denying a dealer registration to renewals and expands the reasons for a denial to include the following:
1.
if an individual owner named in the application made materially false or misleading statements in a DCP application, rather than just the applicant;
2.
ifthebusinessowner’sornameddesignee’scriminalbackground check is sufficient for denying the registration under the existing law that prohibits state-issued credentials because of a prior criminalconviction,ratherthanifthecommissioner findsthatthe applicant hasa criminalhistory sufficient to disqualify himor her for a state-issued credential under this law;
and 3.
if the applicant, its authorized owner, or any entity owned or managed by any individual owner named in the application (a) committed multiple violations of the e-cigarette dealer law, (b) is subject to a delinquency assessment by the Department of Revenue Services, or (c) is the subject of any other adverse determination by a government agency, rather than if the applicant violated any other provision of the e-cigarette dealer law.
Registration Requirements The bill expands the information applicants for an initial or renewal e-cigarette dealer registration must provide to include (1) proof that they have obtained the compliance bond described above, if applicable, and (2) a certification that the ENDS and vapor products they offer for sale comply withfederalandstate law,including thefederalFood,Drug and Cosmetic Act’s requirement for tobacco products.
Sufficient Cause for DCP Enforcement Actions Current law allows the DCP commissioner to take certain actions sHB5539 / File No.
671 20 sHB5539 File No.
671 against an e-cigarette dealer for sufficient cause, including suspending, revoking, or refusing to grant or renew their registration.
Under current law, sufficient cause includes illegally possessing, offering, or selling any illegal or controlled substance.
The bill specifies that this applies to the registrant, its owner, or anyone with a financial interest in the registrant (presumably the individual owners named in the application, as described above).
Reapplication Prohibition Currentlawprohibitsanyonewhosedealerregistrationwasrevoked, including the registrant’s owners, from applying for a dealer registration for one year after the revocation date.
The bill (1) extends this reapplication prohibition to anyone with a financial interest in the registrant and (2) bars anyone whose dealer registration was revoked from having a financial interest in another applicant for one year after the revocation date.
Civil Penalty The bill authorizes the DCP commissioner to impose a civil penalty of up to $10,000 for each ENDS and vapor product sold, offered for sale, or marketed in violation of the dealer registration law.
Each of these products is a separate violation.
The bill allows the attorney general, upontheDCPcommissioner’srequest,tobringanactionintheHartford Superior Court to collect the civil penalty and for any injunctive or equitable relief.
In any enforcement action the attorney general brings where the state wins, the state may recover the investigation costs, expert witness fees, costs of the action, and reasonable attorney’s fees.
Seizure of Products in Violation of the Law Under the bill, any ENDS or vapor products sold, offered for sale, or marketed in violation of the dealer registration law, as well as any controlled substance or cannabis sold, offered for sale, or marketed by a dealer in violation of state law, are a common nuisance and subject to immediate seizure by state or local police.
The officers must hold the products subject to confiscation and sHB5539 / File No.
671 21 sHB5539 File No.
671 destruction by a court order and the seller or marketer is liable for all seizure, confiscation, and destruction costs, which may be paid from the dealer’s compliance bond or sought from its fiduciary agent or guarantor.
§ 2 — PRODUCT CERTIFICATION AND REGISTRATION REQUIREMENTS FOR E-CIGARETTE MANUFACTURERS Required Certification of FDA Actions Starting October 1, 2026, the bill requires anyone manufacturing ENDS and vapor products sold or offered for sale in Connecticut (e- cigarette manufacturers) to certify, under penalty for false statement, that each product:
1.
has been issued a marketing granted order (MGO) by the FDA or 2.
was on the market as of September 9, 2020, and the manufacturer received a filing or substantive review letter from the FDA confirming that the product’s application is currently undergoing scientific evaluation by the federal government.
By law, making a false statement is a class A misdemeanor (punishable by up to 364 days’ imprisonment, a fine of $2,000, or both).
E-cigarette manufacturers must give the DCP commissioner (1) a copy of the FDA’s MGO or letter, as applicable;
(2) a unique submission tracking number for each product;
and (3) an annual certification that the product has not been issued an FDA marketing denial order or withdrawn from the federal review process.
Product Registration and Directory Starting January 1, 2027, the bill requires e-cigarette manufacturers to register their products with DCP annually, subject to an initial $2,000 registration fee and $500 renewal fee for each product.
DCP must create an online directory of these products and their manufacturers by October 1, 2027, and update it at least annually.
Starting January 1, 2028, the bill prohibits selling or offering to sell any sHB5539 / File No.
671 22 sHB5539 File No.
671 productsnot listed inthedirectory andmakesproductssoldinviolation of the bill’s product certification and registration requirements subject to the penalties and seizure provisions for e-cigarettes, as amended by the bill.
BACKGROUND CUTPA By law, CUTPA prohibits businesses from engaging in unfair and deceptive acts or practices.
It allows the DCP commissioner, under specified procedures, to issue regulations defining an unfair trade practice, investigate complaints, issue cease and desist orders, order restitution in cases involving less than $10,000, impose civil penalties of up to $5,000, enter into consent agreements, ask the attorney general to seek injunctive relief, and accept voluntary statements of compliance.
It also allows individuals to sue.
Courts may issue restraining orders;
award actual and punitive damages, costs, and reasonable attorney’s fees;
and impose civil penalties of up to $5,000 for willful violations and up to $25,000 for a restraining order violation.
Related Bill sSB231 (File 174), favorably reportedby theGeneralLawCommittee, contains the same provisions that generally expand the reasons for which DCP must deny a dealer registration.
sHB 5228 (File 235), favorably reported by the General Law Committee, requiresDCPto deny aninitialorrenewale-cigarette dealer registration if more than (1) half of the applicant’s annual gross revenue comes from sales of certain nicotine-related products and (2) 25% of its retail sales area is dedicated to selling these products.
It also requires DCP to deny an initial dealer registration if the proposed business is located in a municipality that already has one dealer for every 2,500 residents based on the most recently completed decennial census.
sHB5539 / File No.
671 23 sHB5539 File No.
671 COMMITTEE ACTION Finance, Revenue and Bonding Committee Joint Favorable Substitute Yea 53 Nay 0 (04/01/2026) sHB5539 / File No.
671 24
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Action History

  1. FILE NO. 671

  2. HOUSE CALENDAR NUMBER 445

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/15/26

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0316

  9. REF. TO JOINT COMM. ON Finance, Revenue and Bonding

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