30 New Tobacco State Legislative Bills to Watch

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Senate Bill 516 prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer). Senate Bill 536 provides for restrictions on advertisement and promotion of electronic cigarettes–addresses research and misrepresentation of electronic cigarettes. Assembly Bill 699 prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school. Governor Hochul proposes to increase the cigarette tax by $1 per pack and to prohibit the sale of all flavored tobacco products.

North Dakota: House Bill 1357 prohibits the shipping of tobacco products to any consumer in the state by sellers located within or outside the state; requires the sale of tobacco products to any consumer to be face-to-face transactions.

South Carolina: House Bill 3111 amends the state code regarding retail license to require retailers to submit information about whether or not they sell tobacco, tobacco products, vape products or any other product used for smoking. House Bill 3548 requires tobacco retailers to obtain a tobacco retail sales license from the Department of Revenue, sets a fee of $500 for a two-year license and adds vapor products to the definition of tobacco products. House Bill 3483 prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to the effective date of this act are not subject to the preemption imposed by this act.

Texas: Senate Bill 339 imposes a tax on vapor products at the rate of 1.5 percent of the sales price.

Virginia: Senate Bill 992 (same as HB1417) modifies the statutory tax rate on cigars to 10 percent of the manufacturer’s sales price or $0.30 per cigar, whichever is less. Senate Bill 1350 (similar to House Bill 2296) bifurcates the tax on liquid nicotine products ($.066 per milliliter for closed systems; 20 percent of the wholesale price for open systems), requires a license issued by the Department of Taxation to sell liquid nicotine and creates safety requirements for the advertising, marketing and labeling of liquid nicotine and nicotine vapor products. House Bill 1863 includes language to increase the cigarette tax by three (3) cents per cigarette and double the statutory tax rate on tobacco products. Doubling the “statutory tax rate” codifies what is currently in place as a result of the latest budget bill.

Washington: Senate Bill 5239 would allow the secretary of the Department of Health to restrict or prohibit the sales of flavored tobacco products.

West Virginia: House Bill 2399 repeals provision prohibiting employers from discriminating for use of tobacco products.

Wyoming: House Bill 58 increases the tax on cigarettes from 60 cents per pack to $1.04 per pack. Senate Bill 42 caps the tax on premium cigars at 30 cents per premium cigar.

For all the latest from the National Association of Tobacco Outlets, visit natocentral.org.