§ 1010. Internet sales
(a) As used in this section:
(1) “Cigarette” has the same meaning as in 32 V.S.A. § 7702(1).
(2) [Repealed.]
(3) “Licensed wholesale dealer” has the same meaning as in 32 V.S.A. § 7702(5).
(4) “Little cigars” has the same meaning as in 32 V.S.A. § 7702(6).
(5) “Retail dealer” has the same meaning as in 32 V.S.A. § 7702(10).
(6) “Roll-your-own tobacco” has the same meaning as in 32 V.S.A. § 7702(11).
(7) “Snuff” has the same meaning as in 32 V.S.A. § 7702(13).
(b)(1) Except as provided in subdivision (2) of this subsection, no person shall cause cigarettes, roll-your-own tobacco, little cigars, snuff, tobacco substitutes, substances containing nicotine or otherwise intended for use with a tobacco substitute, or tobacco paraphernalia, ordered or purchased by mail or through a computer network, telephonic network, or other electronic network, to be shipped to anyone other than a licensed wholesale dealer in this State.
(2) The prohibition set forth in subdivision (1) of this subsection shall not apply to a licensed wholesale dealer shipping directly to a licensed retail dealer in this State.
(c) No person shall, with knowledge or reason to know of the violation, provide substantial assistance to a person in violation of this section.
(d) A violation of this section is punishable as follows:
(1) A knowing or intentional violation of this section shall be punishable by imprisonment for not more than five years or a fine of not more than $5,000.00, or both.
(2) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a person has violated this section, the Attorney General may impose a civil penalty in an amount not to exceed $5,000.00 for each violation. For purposes of this subsection, each shipment or transport of cigarettes, roll-your-own tobacco, little cigars, snuff, tobacco substitutes, substances containing nicotine or otherwise intended for use with a tobacco substitute, or tobacco paraphernalia shall constitute a separate violation.
(3) The Attorney General may seek an injunction to restrain a threatened or actual violation of this section.
(4) In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, of expert witness fees, and of the action, and reasonable attorney’s fees.
(5) A person who violates this section engages in an unfair and deceptive trade practice in violation of the State’s Consumer Protection Act, 9 V.S.A. §§ 2451 et seq.
(6) If a court determines that a person has violated the provisions of this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the General Fund.
(7) Unless otherwise expressly provided, the penalties or remedies, or both, under this section are in addition to any other penalties and remedies available under any other law of this State.
(e)(1) On or before January 15 of each year, the Department of Liquor and Lottery and the Office of the Attorney General shall each report to the House Committees on Commerce and Economic Development and on Human Services and the Senate Committees on Economic Development, Housing and General Affairs and on Health and Welfare regarding enforcement of Vermont laws relating to online sales of tobacco products, tobacco substitutes, and tobacco paraphernalia as set forth in this subsection.
(2) The Department of Liquor and Lottery shall report at least the following information for the previous 12-month period:
(A) the number of online compliance checks that the Department conducted;
(B) the number of cases relating to online sales activity that the Department referred to the Office of the Attorney General for further action; and
(C) the number of reports of unlawful online sales activity that the Department received from the public and the outcomes of those reports.
(3) The Office of the Attorney General shall report at least the following information for the previous 12-month period:
(A) the outcomes of cases related to online sales activity that were referred by the Department of Liquor and Lottery or any other governmental source;
(B) the number of reports of unlawful online sales activity that the Office received from the public and the outcomes of those reports; and
(C) the number and amounts of any monetary penalties imposed and other legal remedies executed by the Office related to online sales activity. (Added 2007, No. 119 (Adj. Sess.), § 1; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b; 2013, No. 14, § 7; 2017, No. 83, § 140; 2019, No. 22, § 2; 2025, No. 148 (Adj. Sess.), § 1, eff. July 1, 2026.)