NevadaSB43583rd Regular Session (2025)SenateWALLET

AN ACT relating to nicotine products; defining certain terms relating to vapor products containing nicotine; requiring a manufacturer of a vapor product that is sold for retail sale in this State or to a consumer in this State to execute and deliver certain information to the Attorney General; requiring the Department of Taxation to create, maintain and make available a directory of manufacturers of vapor products and all vapor products; prohibiting a manufacturer of a vapor product from offering for sale or selling a vapor product that is not included in the directory; requiring the Department to prepare and submit to the Legislature an annual report regarding the directory; creating the Account for Vapor Product Enforcement in the State General Fund; providing for the seizure of certain products containing nicotine under certain circumstances; making it unlawful to sell, give, deliver or furnish a product that contains a nicotine analogue; authorizing the sharing of certain information with federal, state, or local agencies for purposes of enforcement of certain provisions relating to products containing nicotine; making an appropriation; providing penalties; and providing other matters properly relating thereto.

Sponsored By: Melissa R.. Hardy (Republican), Sandra Jauregui (Democratic), Steve Yeager (Democratic), Nicole J. Cannizzaro (Democratic)

Failed

BDR 32-989

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 3 costs, 3 mixed.

Vapor sellers face checks and fines

Each Nevada vapor retailer, distributor, and wholesaler faces at least two unannounced compliance checks each year. Violations require another unannounced check within 30 days. Retailers, distributors, wholesalers, and importers offering or selling unlisted products face escalating civil penalties within 12 months: $2,500, $5,000, $7,500, then $10,000. A fourth or later violation can also lead to license revocation. Manufacturers face $10,000 for each individual unlisted product they cause to be sold. False certification is a misdemeanor; a second or later violation is also a deceptive trade practice.

Nevada funds vapor product enforcement

The law creates an Attorney General-run account for vapor-product enforcement in the State General Fund. Covered fees and penalties fund only specified administration, enforcement, certification, and directory costs; unspent account money carries forward. Effective July 1, 2025, separate appropriations provide $408,479 for fiscal year 2025–2026 and $145,946 for 2026–2027. These funds support the law's vapor-product regulatory program and cannot be committed after June 30 of the applicable fiscal year. Remaining appropriation money must return to the State General Fund by September 18, 2026, and September 17, 2027, respectively. It cannot be spent after those dates.

Vapor certification records stay confidential

Beginning January 1, 2026, covered manufacturer certification records are exempt from Nevada's general public-records rule. The public cannot obtain those covered records through the usual public-records process.

Out-of-state vapor makers face bond requirements

Nonresident or foreign vapor manufacturers not registered to do business in Nevada face extra requirements to enter and stay in the directory. They must keep a Nevada agent to receive legal papers and provide the agent's details and required notices to the Attorney General. Naming the Secretary of State does not satisfy this rule. They must also provide a $25,000 bond or cash security, which can cover fines, penalties, and seizure and destruction costs. A bond must come from a corporate surety located in the United States. If the surety seeks release, manufacturers have 60 days to file an acceptable replacement bond or lose their listings.

Nevada bans nicotine analogue products

Beginning January 1, 2026, selling or giving nicotine analogue products to anyone in Nevada is unlawful. These substances have substantial chemical similarity to nicotine or similar or greater effects on the central nervous system. The ban adds a product safety restriction but limits available products. Violations are misdemeanors and carry civil penalties of up to $1,000 per violation. For a second or later violation, the Department of Taxation may suspend or revoke a covered license.

Nevada expands seizures of nicotine products

Officials can seize covered tobacco, vapor, and nicotine products sold without a required license. Beginning January 1, 2026, they can also seize covered products offered in violation of the under-21 sales ban. This strengthens youth sales protections but exposes violating sellers to product losses. Officers must notify the Department of Taxation within five working days; under-21 cases require written notice explaining the seizure. With Department approval, vapor products seized from unlicensed sellers can be sent to the Department for disposal or destroyed. Beginning January 1, 2026, the Department can share covered enforcement information with federal, state, or local agencies only to enforce matching laws in other states.

Nevada limits which vapor products sell

Unlisted vapor products cannot be sold in Nevada or to Nevada consumers starting January 1, 2027, or directory publication, whichever is later. Sellers have 60 days after publication to sell or remove covered existing stock. After at least 60 days, unlisted products intended for Nevada sale face seizure, forfeiture, and destruction or disposal. The Department can deny or remove listings for specified certification, fee, sales, or criminal-history violations. Before removal, manufacturers get notice and 15 days to fix the problem or show they qualify. After removal, wholesalers cannot buy affected products for resale and must take required inventory steps within 20 days. Retailers generally get 60 days to sell existing stock before handing over unsold products for disposal.

Sponsors & Cosponsors

Sponsors

  • Melissa R.. Hardy

    Republican • House

  • Sandra Jauregui

    Democratic • House

  • Steve Yeager

    Democratic • House

  • Nicole J. Cannizzaro

    Democratic • Senate

Cosponsors

  • Jeff Stone

    Republican • Senate

  • Melanie Scheible

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 17 • No: 4

Senate vote • 5/29/2025

Final Passage - Senate (1st Reprint)

Yes: 17 • No: 4

Actions Timeline

  1. (No further action taken.)

    6/3/2025House
  2. Read first time. Referred to Committee on Ways and Means. To committee.

    5/30/2025House
  3. In Assembly.

    5/30/2025House
  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

    5/30/2025Senate
  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 17, Nays: 4.) To printer.

    5/29/2025Senate
  6. Reprinting dispensed with.

    5/29/2025Senate
  7. Read third time. Amended. (Amend. No. 850.)

    5/29/2025Senate
  8. Placed on General File.

    5/29/2025Senate
  9. From committee: Amend, and do pass as amended.

    5/29/2025Senate
  10. From printer. To engrossment. Engrossed. First reprint. To committee.

    4/24/2025Senate
  11. Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

    4/21/2025Senate
  12. Read second time. Amended. (Amend. No. 367.)

    4/21/2025Senate
  13. Placed on Second Reading File.

    4/21/2025Senate
  14. From committee: Amend, and do pass as amended.

    4/21/2025Senate
  15. Notice of eligibility for exemption.

    4/10/2025Senate
  16. From printer. To committee.

    3/26/2025Senate
  17. Read first time. Referred to Committee on Revenue and Economic Development. To printer.

    3/24/2025Senate

Bill Text

Related Bills

Back to State Legislation