Virginia House Bill 790
Session 2024
Tobacco products retailers; purchase, possession, and sale of retail tobacco products.
Became Law
Became Law on Apr 17, 2024
Origin Chamber
House
Type
Bill
Bill Number
790
State
Virginia
Session
2024
Motion Text
VOTE: Adoption (88-Y 12-N)
House Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Reaser, Atoosa R.
Yes
Yes
Yes
Yes
Yes
Yes
Summary
Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits any person from selling any retail tobacco product, as defined in the bill, at retail without first obtaining a permit from the Department of Taxation and prohibits such sale at a location within 1,000 feet of a youth-oriented facility, as defined in the bill. The bill prohibits Internet sales of retail tobacco products, except to a permit-holding retailer, and prohibits the sale of retail tobacco products from vending machines. Under the bill, permits are subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age. The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks. The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products.
Purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits Internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of retail tobacco products from vending machines. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.The bill provides that the punishment of a retail dealer that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense within a 36-month period, (ii) a civil penalty of $5,000 for a second offense within a 36-month period such retail dealer shall become subject to specific age-verification requirements, (iii) a civil penalty of $10,000 and a 30-day suspension of such retail dealer's distributor's license for a third offense within a 36-month period, and (iv) revocation of such license and such retail dealer shall be ineligible to hold a license for a period of three years following the most recent violation for a fourth offense within a 36-month period. The bill requires the Department of Taxation, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retail dealer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price for purchases on and after July 1, 2024. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products. This bill is identical to SB 582.
Purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits Internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of retail tobacco products from vending machines. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products. The provisions of the bill shall not become effective unless reenacted by the 2025 Session of the General Assembly.
HB790EH1
February 12, 2024
Committee substitute printed 24108318D-S1
February 27, 2024
Conference substitute printed 24108839D-H2
March 7, 2024
HB790ER
March 25, 2024
HB790ER2
April 17, 2024
Amendment: HB790AC
Amendment: HB790AG
Amendment: HB790AH
Fiscal Impact Statement: HB790F161.PDF
Fiscal Impact Statement: HB790FEH1161.PDF
Sort by most recent
04/17/2024
Office of the Governor
Acts of Assembly Chapter text (CHAP0821)
04/17/2024
House
Enacted, Chapter 821 (effective 7/1/24)
04/17/2024
Senate
Signed by President as reenrolled
04/17/2024
House
Signed by Speaker as reenrolled
04/17/2024
House
Reenrolled bill text (HB790ER2)
04/17/2024
House
Reenrolled
04/17/2024
Office of the Governor
Governor's recommendation adopted
04/17/2024
Senate
Senate concurred in Governor's recommendation (33-Y 7-N)
04/17/2024
House
VOTE: Adoption (88-Y 12-N)
04/17/2024
House
House concurred in Governor's recommendation (88-Y 12-N)
04/08/2024
House
Governor's recommendation received by House
03/27/2024
Office of the Governor
Governor's Action Deadline 11:59 p.m., April 8, 2024
03/27/2024
House
Enrolled Bill communicated to Governor on March 27, 2024
03/26/2024
House
Signed by Speaker
03/25/2024
Senate
Signed by President
03/25/2024
House
Bill text as passed House and Senate (HB790ER)
03/25/2024
House
Enrolled
03/08/2024
Senate
Conference report agreed to by Senate (21-Y 19-N)
03/08/2024
House
VOTE: Adoption (86-Y 10-N)
03/08/2024
House
Conference report agreed to by House (86-Y 10-N)
03/07/2024
House
Conference substitute printed 24108839D-H2
03/07/2024
Virginia General Assembly
Amended by conference committee
02/28/2024
Senate
Senators: Ebbin, Favola, Pillion
02/28/2024
Senate
Conferees appointed by Senate
02/28/2024
House
Delegates: Hope, Seibold, Leftwich
02/28/2024
House
Conferees appointed by House
02/28/2024
House
House acceded to request
02/28/2024
Senate
Senate requested conference committee
02/28/2024
Senate
Senate insisted on substitute (39-Y 0-N)
02/28/2024
House
VOTE: REJECTED (1-Y 95-N)
02/28/2024
House
Senate substitute rejected by House 24108318D-S1 (1-Y 95-N)
02/28/2024
Senate
Passed Senate with substitute (39-Y 0-N)
02/28/2024
Senate
Engrossed by Senate - committee substitute HB790S1
02/28/2024
Senate
Committee substitute agreed to 24108318D-S1
02/28/2024
Senate
Reading of substitute waived
02/28/2024
Senate
Read third time
02/27/2024
Senate
Reported from Finance and Appropriations with substitute (15-Y 0-N)
02/27/2024
Senate
Constitutional reading dispensed (39-Y 0-N)
02/27/2024
Senate
Committee substitute printed 24108318D-S1
02/27/2024
Senate
Senate subcommittee amendments and substitutes offered
02/25/2024
House
Impact statement from TAX (HB790EH1)
02/14/2024
Senate
Referred to Committee on Finance and Appropriations
02/14/2024
Senate
Constitutional reading dispensed
02/13/2024
House
VOTE: Passage (87-Y 12-N)
02/13/2024
House
Read third time and passed House (87-Y 12-N)
02/12/2024
House
Printed as engrossed 24107284D-EH1
02/12/2024
House
Engrossed by House - committee substitute with amendment HB790EH1
02/12/2024
House
Committee on Appropriations amendment agreed to
02/12/2024
House
Committee on General Laws substitute agreed to 24107284D-H1
02/12/2024
House
Read second time
02/11/2024
House
Read first time
02/09/2024
House
House subcommittee amendments and substitutes offered
02/09/2024
House
Reported from Appropriations with amendment(s) (20-Y 0-N)
02/09/2024
House
Subcommittee recommends reporting with amendments (7-Y 0-N)
02/07/2024
House
Assigned App. sub: Transportation & Public Safety
02/06/2024
House
Referred to Committee on Appropriations
02/06/2024
House
Committee substitute printed 24107284D-H1
02/06/2024
House
Reported from General Laws with substitute (20-Y 0-N)
02/06/2024
House
Subcommittee recommends referring to Committee on Appropriations
02/06/2024
House
Subcommittee recommends reporting with substitute (8-Y 0-N)
02/06/2024
House
House subcommittee amendments and substitutes offered
02/05/2024
House
Impact statement from TAX (HB790)
01/26/2024
House
Assigned GL sub: ABC/Gaming
01/09/2024
House
Referred to Committee on General Laws
01/09/2024
House
Prefiled and ordered printed; offered 01/10/24 24104754D
Sources
Open States
Record Created
Jan 10, 2024 5:13:15 PM
Record Updated
May 2, 2024 12:09:51 AM