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TennesseeSB 0763114th General Assembly (2025-2026)SenateWALLET

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 39, Chapter 17, Part 15; Title 47, Chapter 25; Title 67, Chapter 4, Part 10 and Title 67, Chapter 4, Part 26, relative to regulated consumable products.

Sponsored By: Ken Yager (Republican)

Became Law

Tobacco, Tobacco Products

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Bill Overview

Analyzed Economic Effects

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

Vape products must be certified to sell

Beginning August 1, 2025, each vape maker must certify every product each year and pay $25 per product, with brand, flavor, system type, and FDA paperwork; the state keeps these files confidential. The Department of Revenue posts a public directory and updates it monthly, and may remove makers or products for false or incomplete filings, unpaid fees, or selling while uncertified. Before removal, makers get written notice and 15 business days to fix; removal cannot occur until at least 30 business days after notice. After a removal, retailers have 30 days to sell through; then the state can seize and destroy stock at the business’s cost. Starting January 1, 2027 (or when the directory first appears), unlisted vapes cannot be sold, with a 60‑day initial sell‑down window. Penalties include per‑product fines for sellers (up to $500 first time; $750–$1,000 plus 30‑day suspension second time within 12 months; $1,000–$1,500 and license revocation third time) and $10,000 per unlisted product for makers; knowing false filings are a Class A misdemeanor. Makers not registered in Tennessee must keep a Tennessee registered agent, and foreign makers must ensure importers have in‑state agents. Collected fees and penalties fund directory enforcement; the department may set detailed rules.

More compliance checks and ABC enforcement

Starting January 1, 2026, the state conducts at least two unannounced compliance checks each year for vape retailers, distributors, and wholesalers. If you violate a rule, a follow‑up check happens within 30 days, and results are published. Effective July 1, 2025, the Alcoholic Beverage Commission can also investigate, run checks, and arrest based on probable cause.

Stricter ID checks and youth ad bans for vape sellers

Beginning July 1, 2025, stores cannot sell tobacco, smoking hemp, vapor, or smokeless nicotine products to anyone under 21. If a buyer does not clearly look 50 or older, staff must check a government photo ID. Mail orders must get a statement that the addressee is 21+ and must warn that under‑21 sales are illegal. Ads may not target people under 21, and vape billboards are banned within 1,000 feet of schools, parks, childcare centers, churches, and recovery facilities. If told to stop an illegal ad, you have 30 days to fix it or face at least a $2,500 fine. Selling to someone under 21 brings a $2,500 fine for the first offense and at least $20,000 plus loss of license for later offenses.

New vape tax and tobacco rates

Beginning July 1, 2025, vapor products are taxed at 10% of the wholesale cost. Other non‑vape tobacco products are taxed at 6.6% of wholesale cost. Smokeless nicotine products are excluded from these sections. The law adds vapor products to the taxable list, removes vapor taxes from one allocation rule, and sets aside 12.5% of vapor tax revenue for the Alcoholic Beverage Commission; any unspent amount returns to the general fund after administration and enforcement costs.

Sponsors & Cosponsors

Sponsor

  • Ken Yager

    Republican • Senate

Cosponsors

  • Ferrell Haile

    Republican • Senate

  • Bill Powers

    Republican • Senate

  • Bo Watson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 244 • No: 14

Senate vote • 4/17/2025

FLOOR VOTE: Motion to Concur House Amendment # 4 4/17/2025

Yes: 28 • No: 3

House vote • 4/16/2025

FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 87 • No: 4

House vote • 4/16/2025

FLOOR VOTE: REGULAR CALENDAR MOTION TO ADOPT AMENDMENT # 4 BY HICKS G PASSAGE ON THIRD CONSIDERATION 4/16/2025

Yes: 89 • No: 0

Senate vote • 3/31/2025

FLOOR VOTE: as Amended Third Consideration 3/31/2025

Yes: 24 • No: 4

Senate vote • 3/25/2025

SENATE FINANCE, WAYS AND MEANS COMMITTEE

Yes: 9 • No: 2

Senate vote • 2/25/2025

SENATE COMMERCE AND LABOR COMMITTEE

Yes: 7 • No: 1

Actions Timeline

  1. Pub. Ch. 324

    5/13/2025

  2. Effective date(s) 05/02/2025, 07/01/2025, 08/01/2025

    5/13/2025

  3. Signed by Governor.

    5/2/2025Senate

  4. Transmitted to Governor for action.

    4/22/2025Senate

  5. Enrolled and ready for signatures

    4/21/2025Senate

  6. Signed by Senate Speaker

    4/21/2025Senate

  7. Signed by H. Speaker

    4/21/2025House

  8. Concurred, Ayes 28, Nays 3, PNV 1 (Amendment 4 - HA0436)

    4/17/2025Senate

  9. Subst. for comp. HB.

    4/16/2025House

  10. Am. withdrawn. (Amendment 1 - HA0057)

    4/16/2025House

  11. Am. withdrawn. (Amendment 2 - HA0424)

    4/16/2025House

  12. H. adopted am. (Amendment 4 - HA0436)

    4/16/2025House

  13. Am. withdrawn. (Amendment 3 - HA0425)

    4/16/2025House

  14. Passed H., as am., Ayes 87, Nays 4, PNV 4

    4/16/2025House

  15. Placed on Senate Message Calendar for 4/17/2025

    4/16/2025Senate

  16. Rcvd. from S., held on H. desk.

    4/3/2025House

  17. Senate adopted Amendment (Amendment 1 - SA0032)

    3/31/2025Senate

  18. Senate adopted Amendment (Amendment 2 - SA0201)

    3/31/2025Senate

  19. Passed Senate as amended, Ayes 24, Nays 4, PNV 1

    3/31/2025Senate

  20. Engrossed; ready for transmission to House

    3/31/2025Senate

  21. Sponsor(s) Added.

    3/31/2025Senate

  22. Placed on Senate Regular Calendar for 3/31/2025

    3/28/2025Senate

  23. Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 2 PNV 0

    3/25/2025Senate

  24. Action deferred in Senate Finance, Ways, and Means Committee to 3/25/2025

    3/18/2025Senate

  25. Placed on Senate Finance, Ways, and Means Committee calendar for 3/25/2025

    3/18/2025Senate

Bill Text

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