KentuckySB 2452026 Regular SessionSenateWALLET

AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an emergency.

Sponsored By: Robin L. Webb (Republican)

Signed by Governor

Alcoholic BeveragesBoards And CommissionsEffective Dates, EmergencyLicensingOccupations And ProfessionsPublic SafetyRetroactive LegislationSecretary Of StateState AgenciesTobaccoVaping

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 2 costs, 5 mixed.

Stricter penalties on youth and vapor sales

You may not sell to anyone under 21. Clerks pay $100 per citation; owners get a notice for the first citation, then $500 for a second and $1,000 for a third at the same store. A fourth citation triggers license revocation and a two‑year bar on reapplying. You may sell only FDA‑authorized nicotine vapor products; owner fines are $500 for the first citation and $1,000 for later ones, a fourth citation revokes the license, and overdue fines over 60 days stop lawful vapor sales until paid. The commissioner may suspend or revoke for violating state, federal, or tax rules, or for facts that would have supported denial. Beginning November 1, 2026, the state seizes inventory from unlicensed retailers.

ID checks, labels, and delivery rules

Retailers must tell buyers that delivery will require a valid government ID showing age 21+. Packages must be labeled “CONTAINS TOBACCO OR NICOTINE PRODUCTS.” Deliverers must check ID, verify age, and get a signature; if they cannot complete delivery, products must be returned to the retailer. Retailers or carriers who break these delivery rules pay $500 first, then $1,000; consumers who cause unlawful shipments pay $250 first, then $500. Retailers and carriers are not liable for the consumer penalties. Premium cigars and pipe tobacco are exempt from these shipping and ID rules. These rules do not let anyone under 21 order, buy, receive, or use these products.

License fees and options for retailers

Retailers must pay $500 each year for each store license. A 30‑day event license costs $50 per event. The initial application fee is $50 and is nonrefundable; it counts toward the license if issued, and other fees are refunded if not. You may batch licenses to match your alcohol license renewal date (fees multiply by premises), or apply on any date for each store and renew one year from issuance. Licenses last one year (temporary licenses last 30 days) and must be posted at the store. If you paid the $500 fee in 2025 and renew in 2026, you get a $500 credit toward the 2026 renewal.

Transition timelines and grandfather rules

The Act takes effect immediately. Sections 2–10 apply retroactively to January 1, 2026. Any retailer selling without a current license must apply and pay within 60 days of enactment; approved licenses issue within 14 business days and renew on the issue date unless batched. Before June 30 each year, the Secretary of State sends an electronic reminder about this license. Licenses issued before July 1, 2026 and in good standing are not harmed by Sections 1–12. The department must issue rules within 30 days, and the old transitional license statute is repealed.

No extra hoops for tobacco and vape retailers

The department cannot add new steps or paperwork to get or renew a license to sell tobacco, nicotine, or vapor products. License rules must match what the law lists. This prevents surprise agency add-ons and keeps applications and renewals simpler for retailers.

More store inspections and reporting

State agencies run yearly random, unannounced inspections at stores that sell tobacco or vapor products, starting January 1, 2026. They may target times and places where under‑21 sales attempts are likely and may use under‑21 testers only with direct supervision and parental consent. The Secretary of State collects on filings which retailers sell authorized nicotine vapor products and sends a monthly list to enforcement and revenue agencies. The department also files the required annual federal report.

No license transfers; sale notice required

Licenses cannot be transferred to another owner or moved to a different location. A buyer must give written notice to the department at least 15 days before closing and include the application and fee. The department must issue the new license within 14 business days after it receives the notice.

Simpler applications and faster decisions

The department must post the license application, renewal form, and instructions online within 30 days. Annual and temporary applications can ask only the listed facts, and renewal forms ask for updates only if there is a material change. If facts change after a license is issued, you must file a sworn update within 10 days. If your application has an error, the department must notify you within 7 business days, give you 30 days to fix it, review your correction in 7 business days, and issue the license within 14 business days after it is complete. Starting January 1, 2026, the commissioner must approve or deny within 14 business days, and you face no penalties until a decision. Denials are limited to specific reasons like unpaid fees, owners under 21, certain tax delinquencies, an incomplete filing after a cure chance, or acts that would justify revocation.

Sponsors & Cosponsors

Sponsor

  • Robin L. Webb

    Republican • Senate

Cosponsors

  • Jimmy Higdon

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 234 • No: 1

House vote • 3/27/2026

passed

Yes: 78 • No: 0

Senate vote • 3/27/2026

passed

Yes: 35 • No: 1

House vote • 3/20/2026

3rd reading, passed

Yes: 85 • No: 0

Senate vote • 3/6/2026

passed

Yes: 36 • No: 0

Actions Timeline

  1. signed by Governor (Acts Ch. 70)

    4/10/2026
  2. delivered to Governor

    3/31/2026
  3. enrolled, signed by Speaker of the House

    3/31/2026Senate
  4. enrolled, signed by President of the Senate

    3/31/2026Senate
  5. passed 35-1

    3/27/2026Senate
  6. Free Conference Committee report adopted in Senate

    3/27/2026Senate
  7. posted for passage for consideration of Free Conference Committee Report

    3/27/2026Senate
  8. taken from Rules

    3/27/2026Senate
  9. to Rules (S)

    3/27/2026Senate
  10. received in Senate

    3/27/2026Senate
  11. passed 78-0

    3/27/2026House
  12. Free Conference Committee report adopted in House

    3/27/2026House
  13. posted for passage for consideration Free Conference Committee Report in House

    3/27/2026House
  14. Free Conference Committee report filed in House

    3/27/2026House
  15. Conference Committee report adopted in House

    3/27/2026House
  16. Conference Committee report filed in House and Senate

    3/27/2026House
  17. Conference and Free Conference Committees appointed in House and Senate

    3/26/2026House
  18. House refused to recede from Committee Substitute (1) and Floor Amendment (1)

    3/26/2026House
  19. posted for passage for receding from House Committee Substitute (1) and Floor Amendment (1)

    3/26/2026House
  20. taken from Rules

    3/26/2026House
  21. to Rules (H)

    3/26/2026House
  22. received in House

    3/26/2026House
  23. Senate refused to concur in House Committee Substitute (1) and Floor Amendment (1)

    3/26/2026House
  24. passed over and retained for concurrence in House Committee Substitute (1) and House Floor Amendment (1)

    3/25/2026House
  25. passed over and retained for concurrence in House Committee Substitute (1) and Floor Amendment (1)

    3/24/2026House

Bill Text

  • Current

    3/27/2026

  • Introduced

    3/6/2026

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