SB 100 Kentucky Senate · 2025 Regular Session

AN ACT relating to tobacco, nicotine, or vapor product licensure.

Summary
Amend KRS 438.305 to define terms; create new sections of KRS 438.305 to 438.350 to create the Division of Tobacco, Nicotine, and Vapor Product Licensing within the Department of Beverage Control; give the department investigators the authority to inspect any premise where alternative nicotine products, tobacco products, or vapor products are sold without obtaining a search warrant; require any retailer that sells alternative nicotine products, tobacco products, or vapor products to obtain a tobacco, nicotine, and vapor products license issued by the department; establish penalties for retailers that sell alternative nicotine products, tobacco products, or vapor products without a license; establish conditions under which a license may be revoked; amend KRS 438.310 to establish penalties for retailers and store clerks who sell to individuals under the age of 21; amend KRS 438.313 to prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer whose license has been revoked; prohibit a distributor from distributing alternative nicotine products, tobacco products, or vapor products to any retailer that has been placed on the tobacco noncompliance database and reporting system; amend KRS 438.337 to allocate 100% of license and application fees to the department; allocate 50% of fines collected to go toward a youth program that educates the youth on the dangers of vaping and tobacco use; require the department to develop and maintain the noncompliance database and reporting system; amend KRS 438.340 to direct the department to promulgate administrative regulations to establish a procedure for administering citations, issuing orders, and filing appeals; amend KRS 438.350 to establish conditions upon which a person under the age of 21 may be required to perform community service or attend a tobacco cessation program; amend various sections of KRS to conform.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 7, 2025 Signed Mar 24, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Current/Final · 11 edits
MAJOR
The bill was broadened from focusing only on nicotine products to explicitly covering tobacco, nicotine, and vapor product licensure. Several definitions were reorganized and clarified to align with federal regulations, particularly regarding FDA authorization and safe harbor certifications for nicotine products.
Scope change
The bill's scope expanded from solely nicotine products to include tobacco and vapor products, and the definition of 'Alternative nicotine product' was clarified to exclude FDA-regulated drugs or devices.
SCOPE

The bill title and scope were expanded from 'products containing nicotine' to 'tobacco, nicotine, or vapor product licensure' to cover a broader range of products.

DEFINITION

The definition of 'Alternative nicotine product' was updated to exclude products regulated as drugs or devices by the FDA under Chapter V of the Food, Drug, and Cosmetic Act.

The definition of 'Authorized vapor product' was changed to 'Authorized nicotine vapor product' and the criteria for authorization were restructured to include FDA authorization, safe harbor certification, or timely pursuit of a path to market for tobacco-derived nicotine products.

The definition of 'Safe harbor certification' was reorganized and clarified to include specific conditions for FDA review status, marketing denial orders, and marketing granted orders.

The definition of 'Investigator' was updated to specify that investigators must be certified peace officers.

The definition of 'Distributor' was expanded to include 'wholesaler' and now covers distribution of alternative nicotine products, tobacco products, and authorized nicotine vapor products.

The definition of 'Nonresident wholesaler' was updated to reference Kentucky cigarette tax evidence and reporting requirements.

The definition of 'Resident wholesaler' was updated to specify that at least 75% of tobacco products purchased must be from the cigarette manufacturer with unpaid Kentucky cigarette tax.

The definition of 'Retailer' was updated to clarify that sales are for any purpose other than resale, with minor formatting changes.

The definition of 'Tobacco noncompliance database and reporting system' was updated to reference KRS 438.307 instead of Section 16 of this Act.

The definition of 'Tobacco product' was updated to align with the federal Tobacco Control Act, Pub. L. No. 111-31.

Floor votes · Senate Mar 13, 2025

How they voted

367
Passed
Total votes 43
Mar 13, 2025
D Democratic6
6 Yea
100% Yea
R Republican37
30 Yea 7 Nay
81% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
15
Committee
11
Amendments
4
Mar 24, 2025
Signed into law
signed by Governor (Acts Ch. 78)
upper
Mar 13, 2025
Lower · Passed
enrolled, signed by Speaker of the House
lower
Mar 13, 2025
Upper · Passed
enrolled, signed by President of the Senate
upper
Mar 13, 2025
Upper · Passed
passed 32-6 with Committee Substitute (1)
upper
Mar 13, 2025
Upper · Passed
Senate concurred in House Committee Substitute (1)
upper
Mar 13, 2025
Upper · Passed
posted for passage for concurrence in House Committee Substitute (1)
upper
Mar 12, 2025
Committee
to Rules (S)
upper
Mar 12, 2025
Upper · Passed
3rd reading, passed 82-11 with Committee Substitute (1)
upper
Mar 12, 2025
Upper · Passed
reported favorably, to Rules with Committee Substitute (1)
upper
Mar 5, 2025
Committee
to Licensing, Occupations, & Administrative Regulations (H)
lower
Mar 5, 2025
Lower · Passed
returned to Committee on Committees (H)
lower
Mar 5, 2025
Lower · Passed
taken from Committee on Committees (H)
lower
Feb 27, 2025
Committee
to Committee on Committees (H)
lower
Feb 26, 2025
Upper · Passed
passed 33-3 with Committee Substitute (1), Floor Amendment (5) and Floor Amendment (3-title)
upper
Feb 25, 2025
Upper · Passed
passed over and retained in the Orders of the Day
upper
Feb 25, 2025
Introduced
floor amendment (5) filed to Committee Substitute
upper
Feb 21, 2025
Introduced
floor amendment (4) filed to Committee Substitute , floor amendment (3-title) filed to bill
upper
Feb 21, 2025
Upper · Passed
passed over and retained in the Orders of the Day
upper
Feb 20, 2025
Upper · Passed
passed over and retained in the Orders of the Day
upper
Feb 19, 2025
Introduced
floor amendment (2) filed to Committee Substitute
upper
Feb 18, 2025
Introduced
floor amendment (1) filed to Committee Substitute
upper
Feb 18, 2025
Upper · Passed
reported favorably, 1st reading, to Calendar with Committee Substitute (1)
upper
Feb 12, 2025
Committee
to Licensing & Occupations (S)
upper
Feb 7, 2025
Committee
to Committee on Committees (S)
upper
Feb 7, 2025
Introduced
introduced in Senate
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.