SB 1060: Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions. - Virginia

Finance and Appropriations Substitute → Conference Substitute · 8 edits

MODERATE

This bill shifts tobacco and nicotine regulation authority from the Department of Taxation to the Virginia Alcoholic Beverage Control Authority (ABCA), creating a unified licensing system under ABCA. It establishes a new criminal offense for minors possessing retail tobacco products and introduces stricter enforcement measures for liquid nicotine vendors. The changes aim to consolidate oversight, enhance underage prevention, and create a dedicated funding mechanism for enforcement.

Scope change

The bill expands the ABCA's jurisdiction to include tobacco retail permits and liquid nicotine licensing, while repealing the Department of Taxation's direct enforcement roles. It also adds a specific prohibition on minors possessing retail tobacco products, which was previously not explicitly defined as a crime.

SCOPE

Transferred authority to issue tobacco retail permits and liquid nicotine licenses from the Department of Taxation to the ABCA, effective January 1, 2026.

ENFORCEMENT

Created a new criminal offense making it illegal for anyone under 21 to possess retail tobacco products or hemp products intended for smoking.

REQUIREMENT

Mandated that tobacco retailers verify customer age using fraud detection software or scanners for anyone appearing under 30.

Required remote sellers of liquid nicotine to use third-party age verification services.

Repealed the requirement for the Department of Taxation to conduct unannounced underage decoy investigations.

FISCAL

Established a new Tobacco Retail Enforcement Fund to finance ABCA's tobacco enforcement and education programs.

TIMELINE

Set a transition period where existing tobacco retailers could continue operating under old licenses until January 1, 2026, with ABCA beginning permit applications on October 1, 2025.

DEFINITION

Explicitly defined 'retail tobacco product' and 'hemp product intended for smoking' in the context of possession bans.

Conference Substitute → Chaptered · 3 edits

MINOR

The bill was finalized as Chapter 596 after passing through the legislative process, with no substantive policy changes to the tobacco and nicotine product regulations. The text shows formatting and layout differences between the draft substitute version and the final enacted version, but the actual legal provisions remain identical.

Scope change

No change in scope or applicability; the bill covers the same tobacco and hemp product regulations, licensing requirements, and enforcement provisions in both versions.

TECHNICAL

Removed draft metadata headers (session info, bill numbers, amendment dates) and added final chapter formatting with page numbers and official approval date.

Changed line breaks and indentation from single-spaced draft format to multi-spaced final chapter format for publication.

Added official chapter designation (Chapter 596) and approval date (March 24, 2025) to indicate the bill became law.

Courts of Justice Substitute → Finance and Appropriations Substitute · 5 edits

MODERATE

The bill was amended from the Courts of Justice version to the Finance and Appropriations version, significantly expanding its scope from primarily regulating tobacco/hemp possession by minors to a comprehensive tobacco control framework. The new version adds extensive definitions, creates new articles in Title 4.1, and repeals several existing penalty sections while maintaining the core prohibition on minors possessing tobacco products.

Scope change

Expanded from a narrow focus on minor possession of tobacco/hemp products to a broad tobacco control framework including new definitions, licensing provisions, and repealed penalty sections.

DEFINITION

Added comprehensive definitions for alcohol, alcohol vaporizing devices, alcoholic beverages, arts venues, barrel, bed and breakfast establishment, and Authority in Title 4.1.

SCOPE

Added new articles 4 and 4 in Chapter 2 and Chapter 3 of Title 4.1 containing sections 4.1-241 through 4.1-255 and 4.1-355 through 4.1-359.

ENFORCEMENT

Repealed sections 58.1-1021.06 through 58.1-1021.09, 59.1-293.12, and 59.1-293.13 that contained penalty provisions for tobacco retailers.

Changed the bill's focus from primarily possession prohibitions for minors to a broader regulatory framework including licensing, definitions, and enforcement mechanisms.

REQUIREMENT

Added requirements for verifying consumer age using fraud detection software, technology, or scanners for dealers with multiple violations.

Enrolled → Courts of Justice Substitute · 4 edits

MODERATE

The bill was amended from its enrolled version to a Senate substitute version, primarily changing the referenced statute from § 58.1-1021.04:1 to § 59.1-293.12 regarding tobacco product sales restrictions, and removing detailed licensing provisions for liquid nicotine products that were present in the enrolled version. The core policy regarding possession of tobacco products by minors under 21 remains substantially unchanged.

Scope change

The bill's scope was narrowed by removing the detailed licensing requirements for liquid nicotine and nicotine vapor products that were included in the enrolled version, and the reference to the tobacco sales restrictions statute was changed from the Department of Taxation licensing article to the restrictions on sales to minors article.

REQUIREMENT

Changed the referenced Code of Virginia section for tobacco sales restrictions from § 58.1-1021.04:1 to § 59.1-293.12

Removed detailed licensing provisions for liquid nicotine and nicotine vapor products including application requirements, background investigation procedures, license validity periods, and specific penalties for violations

ENFORCEMENT

Removed provisions requiring the Department of Taxation to conduct unannounced investigations of retail dealers and to convene a work group for enforcement program development

TECHNICAL

Added Senate substitute formatting and amendment identifiers indicating this is a substitute version proposed by the Senate Committee for Courts of Justice

Introduced → Enrolled · 5 edits · Mar 24, 2025

MODERATE

SB 1060 was amended and reenacted from its introduced version to its enrolled version, with significant changes to the bill's scope, penalties, and enforcement mechanisms. The enrolled version adds new sections regulating tobacco and hemp product retail sale locations and modifies penalty structures for violations.

Scope change

The bill's scope was expanded from only addressing possession and purchase prohibitions to also include regulation of retail sale locations and distributor licensing requirements.

SCOPE

Added new section 15.2-912.4 allowing localities to regulate retail sale locations of tobacco and hemp products, including restrictions near child day centers and schools.

ENFORCEMENT

Changed the penalty structure for retail dealers selling to minors, increasing penalties from $1,000 to $5,000 for second violations and $10,000 for third violations.

Replaced forfeiture as the sole penalty with seizure as the primary penalty, allowing law enforcement to seize contraband products.

REQUIREMENT

Added new section 58.1-1021.04:1 establishing separate licensing requirements for distributors and remote retail sellers of tobacco products.

ELIGIBILITY

Modified the bill title to reflect expanded scope including distributor licensing and retail sale location regulations.

Retail tobacco and hemp products; smoking by a person younger than 21 years of age, prohibitions.

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