An Update on 20 State Tobacco-Related Legislative Bills

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Mississippi: An amended version of House Bill 874, which increases the minimum sales age to 21 years of age, passed the House and moved to the Senate on Feb. 10, 2021. The amended version of the bill now requires every manufacturer of vapor products sold in the state to deliver an attestation to the attorney general certifying that the product was on the market as of Aug. 9, 2016, and the manufacturer has applied for a marketing order for the product by submitting a PMTA to the U.S. FDA on or before Sept. 9, 2020. Also requires the attorney general to develop a directory of all manufacturers of vapor products that deliver e-liquids and sell vapor products in the state.

New Jersey: Senate Bill 1144, which prohibits the sale of tobacco products and electronic smoking devices at pharmacies, reported favorably from the Senate Health, Human Services and Senior Citizens Committee on Feb. 9, 2021. Senate Bill 2943, which requires tobacco products retailers to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use was heard in the Senate Health, Human Services and Senior Citizens Committee on Feb. 9, 2021.

New Mexico: House Bill 167, which increases the tax on cigarettes by $2.00 per pack, increases the OTP tax to 83 percent of the product value, increases the tax on e-liquid to 83 percent of the product value, and increases the tax on closed system cartridges to $3.32 per cartridge, passed the House Health and Human Services Committee on Feb. 9, 2021. HB167 is currently in the House Taxation and Revenue Committee.

North Dakota: Senate Bill 2189 was amended on Feb. 4, 2021 in the Finance and Taxation Committee to remove an excise tax on vapor products at a rate of 28 percent of the wholesale purchase price. The amended bill, as it passed the Senate on Feb. 8, 2021, would require vapor product retailers and distributors to obtain a license. Senate Bill 2190, which would have prohibited the shipping of tobacco products and vapor products to any consumer and requires the sale of tobacco products and vapor products to be made by face-to-face over-the-counter retail sales transactions did not pass the Industry, Business and Labor Committee on Jan. 25. House Bill 1403, which would have increased the cigarette tax by $1.10 per pack and House Bill 1422, which would have increased the cigarette tax by $1.00 per pack, cigar and pipe tobacco taxes by 64 percent, the snuff tax by $1.36 per ounce, and the chewing tobacco by $0.36 per ounce, both failed in the Finance and Taxation Committee on Feb. 9, 2021.

Oklahoma: House Bill 1054 imposes a tax on electronic smoking devices at the rate of 44 percent of the wholesale price, is scheduled to be considered in the House Appropriations and Budget Finance-Revenue and Taxation Subcommittee on Feb. 15, 2021.

Virginia: Senate Bill 1326, which would require counties to participate in a regional cigarette tax board in order to impose a county cigarette tax, passed the Senate as amended on Feb. 5, 2021. House Bill 2164, which prohibits any person from selling any tobacco product at retail without first obtaining a license from the Alcoholic Beverage Control Authority (the Authority). The bill also includes nicotine vapor products in the under age 21 sales restrictions and removes the exception allowing the sale of tobacco products to active-duty military personnel age 18 and older, was “left” in the House Appropriations Committee on Feb. 5, 2021.

For all the latest news from the National Association of Tobacco Outlets (NATO), visit natocentral.org.