Tobacco and Electronic Cigarette Amendments

Electronic cigarette product registry requirements were modified to include a $1,000 initial registration fee and $250 annual recertification fee for each product, with manufacturers required to certify their products are premarket authorized or pending FDA approval.

New penalties were created for selling flavored electronic cigarette products, with first violations carrying a $10,000 fine for general tobacco retailers and $10,000 for retail tobacco specialty businesses, plus additional fines per product sold.

New requirement for retail tobacco specialty businesses to use electronic identification verification systems beginning July 1, 2025, to verify proof of age for customers.

Permit fees for general tobacco retailers increased from $20 to $200 for new permits and $175 for renewals, and fees for retail tobacco specialty businesses increased from $30 to $200 for new permits and $20 for renewals.

Penalties for selling tobacco products to minors were increased, with first violations now carrying a $2,000 fine for general tobacco retailers and $10,000 for retail tobacco specialty businesses, plus additional fines per product sold.

Inspection procedures were modified to allow local health departments to conduct regular inspections and publish results annually, with unannounced follow-up examinations required within 30 days of any violation.

Definition of 'flavored electronic cigarette product' was expanded to include products with tastes or smells of fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, menthol, or mint, while excluding products with only tobacco taste.

Effective date was changed from May 7, 2025 to February 28, 2025, and electronic cigarette product registry requirements were set to begin August 1, 2024, with full enforcement starting January 1, 2025.

Created civil penalties specifically for selling menthol-flavored electronic cigarette products

Established requirements for retailers to maintain clear chain of custody documentation to avoid doubled penalties

Changed local health department authority from 'may' to 'shall' for publishing inspection results annually

Increased permit fees for both general tobacco retailers and retail tobacco specialty businesses

Added 'Community location' definition to clarify jurisdictional boundaries for enforcement

Removed specific 30-day follow-up examination requirement for violations

Added coordination clause with H.B. 21 for accurate policy reflection if both bills pass

Added specific examples of flavors (fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, menthol, mint) that constitute flavored electronic cigarette products, while explicitly excluding tobacco-only flavors.

Changed inspection authority from local health departments to enforcing agencies and law enforcement agencies, including those under Section 77-39-101.

Adjusted civil penalties for selling flavored electronic cigarette products to minors, increasing fines from $2,000 to $10,000 for first violations and adding additional fines of $1,000 per product sold up to $100,000.

Modified penalty structure for general tobacco retailers selling to minors, changing from a single fine to tiered penalties based on violation frequency and product count.

Removed specific date references related to January 1, 2026, for electronic cigarette distribution restrictions.

Added a specific definition for 'flavored electronic cigarette product' that includes products with tastes or smells of fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herbs, spices, menthol, or mint, while excluding tobacco-only flavors.

Added new civil penalties for selling menthol-flavored electronic cigarettes, including fines up to $10,000 for first violations and $20,000 for second violations within two years at the same location.

Increased fines for selling tobacco products to minors from $2,000 to $10,000 for first violations and added per-product fines up to $100,000 for violations involving multiple products.

Added requirement that retailers must remove embargoed electronic cigarette products from active inventory and work with wholesalers or distributors to return or dispose of them.

Modified effective dates for various provisions, with most changes taking effect on May 7, 2025, or upon governor's approval if two-thirds of the legislature votes for immediate effect.