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

6 provisions identified: 0 benefits, 4 costs, 2 mixed.

No sales under 21, fines and checks

Stores cannot sell tobacco, alternative nicotine, or vapor products to anyone under 21. Post the notice and check ID when the buyer may be under 21. Fines per premises: first citation $100 to the clerk; second $100 to the clerk and $500 to the owner; third $100 to the clerk and $1,000 to the owner. A fourth citation revokes the license and triggers a two‑year bar on reapplying; you may appeal a revocation in court. You cannot renew a license until all fines are paid. Agencies run yearly unannounced inspections and may use under‑21 test buyers under direct supervision with written parental consent.

Sell only authorized vape products

Retailers may sell only nicotine‑containing vapor products that are authorized. Owner fines: $500 for the first citation, then $1,000 for each later one. On a fourth citation, the license is revoked and the owner is barred from reapplying for two years. If fines are unpaid for more than 60 days, you cannot lawfully sell vapor products until you pay them. You can defend a citation by showing an FDA material‑change review is pending within 45 days or by proof the product is authorized.

Tighter ID checks for shipped products

Retailers and delivery carriers must verify the recipient is 21 or older before delivering tobacco or nicotine products. Packages must be labeled "CONTAINS TOBACCO OR NICOTINE PRODUCTS," and the carrier must check ID and collect a signature. Premium cigars and pipe tobacco are excluded from these shipment rules. Fines: retailers or carriers pay $500 for a first offense and $1,000 for later offenses; a consumer who intentionally causes an illegal shipment pays $250 first, then $500.

License and fees to sell tobacco/vapes

You must have a state license to sell tobacco, alternative nicotine, or authorized vapor products. The fee is $500 each year per premises, plus a $50 nonrefundable application that applies to the license. A 30‑day temporary license costs $50; the department decides within 14 business days. You can batch one filing for many locations, but you pay $500 per location. Licenses do not transfer. A buyer must give written notice at least 15 days before closing and file a new application. Unlicensed sellers must apply and pay within 60 days of the law’s effective date; if approved, the license issues within 14 business days. Beginning November 1, 2026, the state may seize inventory from unlicensed sellers.

Faster licensing, simpler renewals for retailers

Applications are sworn and must list owners, SSN/FEIN, contacts, addresses, proof you control the premises, tax registration, and recent convictions. For renewals, you report only material changes, like new owners, lease or deed changes, a new address, or any civil or criminal violations. The department flags errors within 7 business days, gives you 30 days to fix them, reviews fixes in 7 days, and issues licenses within 14 business days of a complete filing; you are not penalized while it meets these timelines. The department posts temporary‑license forms and instructions on a public website within 30 days of the law’s effective date. The Secretary of State keeps a monthly list of retailers selling authorized vapor products and, before June 30 each year, sends an electronic reminder that a license is required. A license can be denied only for narrow reasons (like unpaid fees, owners under 21, or unresolved tax debt), and you may appeal within 30 days.

Transition dates and 2025 fee credit

This law takes effect immediately. Sections 2 through 10 apply retroactively to January 1, 2026, and certain enforcement sections are not delayed. If you paid the $500 license fee in 2025 and renew in 2026, you get a $500 credit toward your 2026 fee; no refund if you do not renew. Licenses issued before July 1, 2026 that were in good standing on that date are not harmed by this law. The department must issue licensing regulations within 30 days, and the transitional license statute is repealed.

Sponsors & Cosponsors

Sponsor

  • Robin L. Webb

    Republican • Senate

Cosponsors

  • Aaron Reed

    Republican • Senate

  • Jimmy Higdon

    Republican • Senate

  • Matthew Koch

    Republican • House

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. Amend KRS 438.305 to change the date in the defintion of "authorized nicotine vapor product" from September 9, 2020 to May 14, 2022.

    4/10/2026
  2. A. Reed

    4/10/2026
  3. Sponsor

    4/10/2026
  4. signed by Governor (Acts Ch. 70)

    4/10/2026
  5. delivered to Governor

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

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

    3/31/2026
  8. passed 35-1

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

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

    3/27/2026
  11. taken from Rules

    3/27/2026
  12. to Rules (S)

    3/27/2026Senate
  13. received in Senate

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

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

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

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

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

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

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

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

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

    3/26/2026
  23. taken from Rules

    3/26/2026
  24. to Rules (H)

    3/26/2026House
  25. received in House

    3/26/2026House

Bill Text

  • Current

    3/27/2026

  • Introduced

    3/6/2026

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