AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY SYSTEM AND VAPOR PRODUCT DEALERS.

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House of Representatives

File No. 715
General Assembly
February Session, 2026 (Reprint of File No. 235)

Substitute House Bill No. 5228
As Amended by House Amendment
Schedule "A"

Approved by the Legislative Commissioner
April 22, 2026

AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY SYSTEM
AND VAPOR PRODUCT DEALERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 21a -415 of the 2026 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2026): 3
(a) As used in this chapter: 4
(1) "Authorized owner" means the owner or authorized designee of a 5
business entity that is applying for a registration or is registered with 6
the Department of Consumer Protection pursuant to this chapter; 7
(2) "Business entity" means any corporation, limited liability 8
company, association, partnership, sole proprietorship, government, 9
governmental subdivision or agency, business trust, estate, trust or any 10
other legal entity; 11

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(3) "Cannabis" has the same meaning as provided in section 21a-420; 12
[(3)] (4) "Cigarette" has the same meaning as provided in subsection 13
(b) of section 12-285; 14
[(4)] (5) "Dealer registration" means an electronic nicotine delivery 15
system certificate of dealer registration issued by the Commissioner of 16
Consumer Protection pursuant to this section; 17
[(5)] (6) "Deliver" or "delivering" means transferring, or offering or 18
attempting to transfer, physical possession or control of an electronic 19
nicotine delivery system or vapor product by any person, whether done 20
as principal, proprietor, agent, servant or employee; 21
[(6)] (7) "Drug paraphernalia" has the same meaning as provided in 22
section 21a-240; 23
[(7)] (8) "Electronic cigarette liquid" means a liquid that, when used 24
in an electronic nicotine delivery system or vapor product, produces a 25
vapor that may or may not include nicotine and is inhaled by the user 26
of such electronic nicotine delivery system or vapor product; 27
[(8)] (9) "Electronic nicotine delivery system" means an electronic 28
device used in the delivery of nicotine or other substances to an 29
individual inhaling from the device, and includes, but is not limited to, 30
an electronic cigarette, electronic cigar, electronic cigarillo, electronic 31
pipe or electronic hookah and any related device and any cartridge or 32
other component of such device, including, but not limited to, electronic 33
cigarette liquid; 34
[(9)] (10) "Manufacturer registration" means an electronic nicotine 35
delivery system certificate of manufacturer registration issued by the 36
Commissioner of Consumer Protection pursuant to section 21a -415a to 37
any person who mixes, compounds, repackages or resizes any nicotine-38
containing electronic nicotine delivery system or vapor product; 39
[(10)] (11) "Sale" or "sell" means transferring, or offering or attempting 40
to transfer, for consideration, including bartering or exchanging, or 41
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offering to barter or exchange by any person, whether done as principal, 42
proprietor, agent, servant or employee; 43
[(11)] (12) "Tobacco products" has the same meaning as provided in 44
section 12-330a; and 45
[(12)] (13) "Vapor product" means any product that employs a heating 46
element, power source, electronic circuit or other electronic, chemical or 47
mechanical means, regardless of shape or size, to produce a vapor that 48
may include nicotine and is inhaled by the user of such product. "Vapor 49
product" does not include a medicinal or therapeutic product that is (A) 50
used by a licensed health care provider to treat a patient in a health care 51
setting, (B) used by a patient, as prescribed or directed by a licensed 52
health care provider in any setting, or (C) any drug or device, as defined 53
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 54
from time to time, any combination product, as described in said act, 21 55
USC 353(g), as amended from time to time, or any biological product, as 56
described in 42 USC 262, as amended from time to time, and 21 CFR 57
600.3, as amended from time to time, authorized for sale by the United 58
States Food and Drug Administration. 59
(b) (1) No person in this state may sell or possess with intent to sell 60
an electronic nicotine delivery system or a vapor product unless such 61
person is employed by, an agent of or directly affiliated with a business 62
entity that maintains a dealer registration issued by the Commissioner 63
of Consumer Protection pursuant to this section. A separate dealer 64
registration shall be required for each place of business where such 65
system or product is sold, offered for sale or possessed with the intent 66
to sell. A dealer registration shall allow the sale of electronic nicotine 67
delivery systems or vapor products at such place of business. A holder 68
of a dealer registration shall post such registration in a prominent 69
location adjacent to electronic nicotine delivery system products or 70
vapor products offered for sale. 71
(2) The holder of a dealer registration shall maintain a sign, in a form 72
and manner prescribed by the commissioner and posted on the 73
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Department of Consumer Protection's Internet web site, on all external 74
entry doors of the location operated under such dealer registration, 75
which shall clearly disclose that cannabis may not be sold at such 76
location. 77
(3) Each holder of a dealer registration that derives at least fifty per 78
cent of its annual gross revenue from sales of cigarettes, drug 79
paraphernalia, electronic nicotine delivery systems, nicotine products, 80
synthetic nicotine, tobacco products and vapor products shall verify, 81
with a valid government-issued driver's license or identity card, the age 82
of each individual entering the location operated under such dealer 83
registration, and shall prohibit any individual younger than twenty-one 84
years of age from entering such location. 85
(4) (A) Each holder of a dealer registration shall maintain a complete 86
set of records required pursuant to this section, [and] including, but not 87
limited to, (i) all financial records necessary to verify whether such 88
holder derives at least fifty per cent of its annual gross revenue from 89
sales of cigarettes, drug paraphernalia, electronic nicotine delivery 90
systems, nicotine products, synthetic nicotine, tobacco products and 91
vapor products, for the then current tax year and the three immediately 92
preceding tax years, and (ii) for a dealer registration initially issued on 93
or after October 1, 2026, all records necessary to verify that not more 94
than twenty-five per cent of the total floor area dedicated to sales at the 95
location that is operated under such dealer registration is dedicated to 96
sales of cigarettes, drug paraphernalia, electronic nicotine delivery 97
systems, nicotine products, synthetic nicotine, tobacco products and 98
vapor products, including, but not limited to, floor plans depicting the 99
total floor area dedicated to sales and the portions of such total floor 100
area dedicated to sales of cigarettes, drug paraphernalia, electronic 101
nicotine delivery systems, nicotine products, synthetic nicotine, tobacco 102
products and vapor products. [Such] 103
(B) Each holder of a dealer registration shall make [such] the records 104
maintained pursuant to subparagraph (A) of this subdivision 105
immediately available to the department, upon a request made by the 106
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department, for inspection and copying by the department. Such holder 107
shall produce such records to the department not later than three days 108
after the department requests such records. Such holder shall produce 109
such records to the department in an electronic format, unless it is 110
commercially impractical to produce such records to the department in 111
an electronic format. No person shall use any foreign language, code or 112
symbol in maintaining the records required under this section. 113
(c) (1) Any applicant for a dealer registration or a renewal of a dealer 114
registration shall apply to the Department of Consumer Protection, in a 115
form and manner prescribed by the Commissioner of Consumer 116
Protection, which application shall include, at a minimum: 117
(A) The name, address and electronic mail address of the applicant; 118
(B) The location that is to be operated , or is operated, under such 119
dealer registration; 120
(C) The name of, and contact information for, each individual who 121
has a direct or indirect financial interest in such applicant, unless (i) such 122
applicant is a publicly traded company listed on a national stock 123
exchange, or (ii) the financial interest held by such individual owner and 124
such individual's spouse, parents and children, in the aggregate, does 125
not exceed [ten] five per cent of the total ownership or interest rights in 126
such applicant; 127
(D) A third-party local and national criminal background check for 128
each owner listed on such application, which background check shall (i) 129
be conducted by a third -party consumer reporting agency or 130
background screening company that is in compliance with the federal 131
Fair Credit Reporting Act and accredited by the Professional 132
Background Screening Association, (ii) include a multistate and 133
multijurisdiction criminal record locator or other similar commercial 134
nation-wide database with validation and such other background 135
screening as the commissioner may require, and (iii) be requested by 136
such applicant not more than sixty days prior to submission of such 137
application; 138
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(E) The name of the individual who shall serve as the fiduciary agent 139
and guarantor for such applicant, which individual shall be personally 140
liable in the event of any noncompliance that results in a debt owed to 141
the department; 142
(F) A disclosure of any enforcement action against, and any 143
negotiated settlement entered into by, such applicant or any owner 144
disclosed pursuant to this subsection, which action or settlement is 145
related to the sale of cigarettes, electronic nicotine delivery systems, 146
tobacco products or vapor products; 147
(G) The name of a manager or supervisor who is or will be physically 148
present at such applicant's location or proposed location; [and] 149
(H) A certification that (i) an authorized owner or named designee of 150
such applicant has successfully completed the online prevention 151
education program administered by the Department of Mental Health 152
and Addiction Services pursuant to section 17a -719, and (ii) all 153
electronic nicotine delivery systems and vapor products offered for sale 154
by the applicant comply with federal and state law, including the federal 155
Food, Drug and Cosmetic Act, 21 USC 387 et seq., as amended from time 156
to time; 157
(I) In the case of an application for an initial dealer registration 158
submitted on or after October 1, 2026, a certification that (i) such 159
applicant's annual gross revenue from sales of cigarettes, drug 160
paraphernalia, electronic nicotine delivery systems, nicotine products, 161
synthetic nicotine, tobacco products and vapor products will not exceed 162
fifty per cent of such applicant's annual gross revenue from all sales at 163
the location that is to be operated under such dealer registration, and (ii) 164
not more than twenty -five per cent of the total floor area dedicated to 165
sales at the location that is to be operated under such dealer registration 166
will be dedicated to sales of cigarettes, drug paraphernalia, electronic 167
nicotine delivery systems, nicotine products, synthetic nicotine, tobacco 168
products and vapor products; and 169
(J) In the case of an application for renewal of a dealer registration 170
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initially issued on or after October 1, 2026, such information as the 171
department requires to determine that, during the registration period 172
immediately preceding such renewal, (i) such applicant's annual gross 173
revenue from sales of cigarettes, drug paraphernalia, electronic nicotine 174
delivery systems, nicotine products, synthetic nicotine, tobacco 175
products and vapor products did not exceed fifty per cent of such 176
applicant's annual gross revenue from all sales at the location operated 177
under such dealer registration, and (ii) not more than twenty -five per 178
cent of the total floor area dedicated to sales at the location operated 179
under such dealer registration was dedicated to sales of cigarettes, drug 180
paraphernalia, electronic nicotine delivery systems, nicotine products, 181
synthetic nicotine, tobacco products and vapor products. 182
(2) The Department of Consumer Protection: (A) May require that an 183
applicant submit documents sufficient to establish that state and local 184
building, fire and zoning requirements will be met at the location of any 185
sale; (B) may, in the department's discretion, conduct an investigation to 186
determine whether a dealer registration shall be issued to an applicant; 187
and (C) shall not issue a dealer registration or a renewal of a dealer 188
registration to an applicant unless the applicant certifies that an 189
authorized owner or named designee of the applicant has successfully 190
completed the online prevention education program administered by 191
the Department of Mental Health and Addiction Services pursuant to 192
section 17a-719. 193
(3) The commissioner shall issue a dealer registration or a renewal of 194
a dealer registration to any such applicant not later than thirty days after 195
the date of application , unless the commissioner finds: (A) The 196
applicant, or any individual named in such application pursuant to 197
subparagraph (C) of subdivision (1) of this subsection, has made a 198
materially false or misleading statement in such application or in any 199
other application made to the commissioner; (B) the applicant has 200
neglected to pay any taxes due to this state; (C) the authorized owner or 201
named designee of the applicant has not successfully completed the 202
online prevention education program administered by the Department 203
of Mental Health and Addiction Services pursuant to section 17a -719; 204
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(D) the third-party local and national criminal background check for any 205
authorized owner or named designee of the applicant [has a criminal 206
history that is] affords a sufficient basis for denial under section 46a-80; 207
[or] (E) the applicant , any authorized owner of the applicant or any 208
entity owned or managed by any individual named in the applicant's 209
application pursuant to subparagraph (C) of subdivision (1) of this 210
subsection (i) has [violated] committed multiple violations of any other 211
provision of this section , (ii) is the subject of a delinquency assessment 212
by the Department of Revenue Services, or (iii) is the subject of any other 213
adverse determination by a government agency; or (F) in the case of an 214
application for an initial dealer registration submitted on or after 215
October 1, 2026, that the commissioner has already issued one dealer 216
registration for every two thousand five hundred residents of the town 217
in which the location that is to be operated under such dealer 218
registration will be located, as determined by the most recently 219
completed decennial census. 220
(4) A dealer registration issued under this section shall be renewed 221
annually, [and] except the department shall not renew a dealer 222
registration initially issued on or after October 1, 2026, if the department 223
determines that the applicant for renewal of such dealer registration 224
does not satisfy the criteria established in subparagraph (J) of 225
subdivision (1) of this subsection. A dealer registration issued under this 226
section may be suspended or revoked at the discretion of the 227
Department of Consumer Protection. A dealer registration shall not 228
constitute property, nor shall it be subject to attachment and execution, 229
nor shall it be alienable. Each holder of a dealer registration shall 230
annually attest in each renewal application as to whether such holder 231
derived at least fifty per cent of its annual gross revenue from sales of 232
cigarettes, drug paraphernalia, electronic nicotine delivery systems, 233
nicotine products, synthetic nicotine, tobacco products and vapor 234
products. 235
(5) The applicant shall pay to the department a nonrefundable 236
application fee of one thousand dollars, which fee shall be in addition to 237
the annual fee prescribed in subsection (d) of this section. An application 238
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fee shall not be charged for an application to renew a dealer registration. 239
(d) The annual fee for a dealer registration shall be eight hundred 240
dollars. 241
(e) (1) The Department of Consumer Protection may renew a dealer 242
registration issued under this section that has expired if the applicant 243
pays to the department any late fee imposed by the Commissioner of 244
Consumer Protection pursuant to subsection (d) of section 21a-4, which 245
late fee shall be in addition to the fees prescribed in this section for the 246
dealer registration applied for. 247
(2) A person holding a dealer registration shall update, through the 248
Department of Consumer Protection's online licensing system, any 249
application information such person has provided to the department 250
pursuant to this section, including, but not limited to, any contact 251
information, ownership information or criminal histories of the 252
individual owners of the business entity, not later than thirty days after 253
any change in such information. 254
(3) A person holding a dealer registration shall be deemed to have 255
constructive notice of communications sent by the Commissioner of 256
Consumer Protection to an electronic mail address provided by such 257
person. 258
(f) (1) Any business entity in the state that sells, offers for sale or 259
possesses with intent to sell an electronic nicotine delivery system or 260
vapor product without a dealer registration as required under this 261
section shall, after a hearing conducted pursuant to chapter 54, be fined 262
not more than five thousand dollars per violation. 263
(2) Notwithstanding the provisions of subdivision (1) of this 264
subsection, any business entity with a dealer registration that has 265
expired for a period of ninety calendar days or less and that, during such 266
ninety-day period, sells, offers for sale or possesses with intent to sell an 267
electronic nicotine delivery system or vapor product shall be fined not 268
more than five hundred dollars for each day such business entity is in 269
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violation of the provisions of this subdivision. 270
[(3) A person holding a dealer registration shall update, through the 271
Department of Consumer Protection's online licensing system, any 272
application information such person has provided to the department 273
pursuant to this section, including, but not limited to, any contact 274
information, ownership information or criminal histories of the 275
individual owners of the business entity, not later than thirty days after 276
any change in such information.] 277
(g) (1) For sufficient cause found as set forth in subdivision (2) of this 278
subsection, the Commissioner of Consumer Protection may suspend or 279
revoke a dealer registration, issue fines of not more than ten thousand 280
dollars per violation, accept an offer in compromise or refuse to grant or 281
renew a dealer registration, [or] place the registrant on probation, place 282
conditions on such registrant or take other actions authorized by law. 283
No information derived from an inspection or investigation conducted 284
by the Department of Consumer Protection related to an administrative 285
complaint or case shall be subject to disclosure under the Freedom of 286
Information Act, as defined in section 1-200, unless the department has 287
entered into a settlement agreement, or otherwise concluded its 288
investigation or inspection as evidenced by case closure. Nothing in this 289
subdivision shall be construed to prevent the department from sharing 290
any information with another state or federal agency or law 291
enforcement insofar as such information relates to an investigation of 292
any suspected violation of applicable law. 293
(2) Any of the following shall constitute sufficient cause for the 294
purposes of subdivision (1) of this subsection: 295
(A) Furnishing any false or fraudulent information in an application 296
or any failure to comply with the representations made in an 297
application; 298
(B) A civil judgment against, or conviction of, an owner or applicant, 299
after review and application of the denial criteria set forth in section 46a-300
80; 301
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(C) Any failure to maintain effective controls against diversion, theft 302
or loss of electronic nicotine delivery systems and vapor products; 303
(D) Any denial, suspension or revocation of a license or registration 304
related to the sale of cigarettes, electronic nicotine delivery systems, 305
tobacco products or vapor products, or any denial of a renewal of a 306
license or registration related to the sale of cigarettes, electronic nicotine 307
delivery systems, tobacco products or vapor products, by any federal, 308
state or local government or a foreign jurisdiction; 309
(E) Any false, misleading or deceptive representation made to the 310
public or to the department; 311
(F) Any involvement in a fraudulent or deceitful practice or 312
transaction; 313
(G) The possession, offer or sale of any illegal or controlled substance 314
by the registrant, any owner of the registrant or any person with a 315
financial interest in the registrant , unless otherwise permitted by 316
applicable law; 317
(H) Any failure to register a trade name of the business entity with 318
the town in which the registrant engages in business; 319
(I) Any failure to notify the department of any change in the 320
information concerning the business entity, owners, ownership 321
information or designated manager or supervisor; 322
(J) Any adverse administrative decision or delinquency assessment 323
against the registrant by the Department of Revenue Services; 324
(K) Any failure to cooperate, provide unfettered access to the location 325
or provide information to the department, local law enforcement 326
authorities or any other enforcement agency concerning any matter 327
arising out of conduct in connection with a licensee or registrant; 328
(L) Advertising an electronic nicotine delivery system or vapor 329
product in any manner that (i) is designed to appeal to individuals who 330
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are younger than twenty -one years of age by, among other things, (I) 331
making use of any spokesperson or celebrity who appeals to individuals 332
who are under the legal age to purchase electronic nicotine delivery 333
systems or vapor products, (II) depicting any individual who is younger 334
than twenty -five years of age using an electronic nicotine delivery 335
system or vapor product, (III) including any object, such as a toy, 336
character or cartoon character, that suggests the presence of an 337
individual who is younger than twenty-one years of age, or (IV) making 338
use of any other depiction or method that is designed in any manner to 339
be appealing to an individual who is younger than twenty-one years of 340
age, or (ii) claims or implies that (I) any electronic nicotine delivery 341
system or vapor product has any curative or therapeutic effect, or (II) 342
any medical claim is true; 343
(M) Allowing an employee to promote any electronic nicotine 344
delivery system or vapor product for a wellness purpose; [or] 345
(N) Any failure to maintain records, or make records immediately 346
available to the department, in accordance with the provisions of 347
subdivision (4) of subsection (b) of this section; or 348
[(N)] (O) Any failure to comply with any provision of this chapter or 349
any regulation adopted pursuant to this chapter. 350
(h) (1) Upon refusal to issue or renew a dealer registration, the 351
Commissioner of Consumer Protection shall notify the applicant of the 352
denial and of the applicant's right to request a hearing not later than ten 353
days after the applicant receives the notice of denial. If the applicant 354
requests a hearing within such ten -day period, the commissioner shall 355
give notice of the grounds for the commissioner's refusal and shall 356
conduct a hearing concerning such refusal in accordance with the 357
provisions of chapter 54 concerning contested cases. If the 358
commissioner's denial is sustained after such hearing, the applicant 359
shall not apply for a new dealer registration for a period of one year after 360
the date on which such denial was sustained. 361
[(i)] (2) No person whose dealer registration has been revoked, 362
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including the owners of such registrant, and any person with a financial 363
interest in such registrant, shall apply for a dealer registration or have a 364
financial interest in an applicant under this section for a period of one 365
year after the date of such revocation. 366
[(j)] (3) The voluntary surrender of a dealer registration, or the failure 367
to renew a dealer registration, shall not prevent the Commissioner of 368
Consumer Protection from suspending or revoking such dealer 369
registration or imposing other penalties permitted by applicable law. 370
(i) The Commissioner of Consumer Protection may impose a civil 371
penalty of not more than five thousand dollars for each electronic 372
nicotine delivery system and vapor product sold, offered for sale or 373
marketed in violation of this section. For purposes of this subdivision, 374
each such electronic nicotine delivery system or vapor product shall 375
constitute a separate violation. 376
(j) (1) Any electronic nicotine delivery system or vapor product sold, 377
offered for sale or marketed in violation of this section by a registrant 378
shall be deemed a common nuisance and shall be subject to immediate 379
seizure by the state or local police. The authorized officer shall hold such 380
electronic nicotine delivery system or vapor product subject to 381
confiscation and destruction by order of a court of competent 382
jurisdiction. All costs of such seizure, confiscation and destruction shall 383
be borne by the registrant selling, offering for sale or marketing such 384
electronic nicotine delivery system or vapor product. 385
(2) Any controlled substance or cannabis sold, offered for sale or 386
marketed by a registrant in violation of chapter 420b, 420f or 420h, as 387
applicable, or regulations adopted thereunder, shall be subject to the 388
provisions of subdivision (1) of this subsection. 389
(k) A violation of this section shall be an unfair trade practice 390
pursuant to subsection (a) of section 42-110b. 391
[(k)] (l) All fees, settlement amounts and fines collected under this 392
section shall be deposited in the consumer protection enforcement 393
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account established in section 21a-8a. 394
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 21a-415

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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Resources of the General Fund GF - Potential
Revenue Gain
See Below See Below
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill allows the Department of Consumer Protection to issue a civil
penalty of up to $5,000 for each electronic nicotine delivery system and
vapor product sold that violates the provisions of the bill, resulting in a
potential revenue gain to the General Fund to the extent violations
occur.
The bill also makes various changes regarding dealers of electronic
nicotine delivery systems and vapor products which do not have a fiscal
impact.
House "A" strikes the underlying bill and its associated fiscal impact
resulting in the impact described above.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number of violations.

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OLR Bill Analysis
sHB 5228 (as amended by House "A")*

AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY
SYSTEM AND VAPOR PRODUCT DEALERS.

SUMMARY
This bill expands the requirements for businesses that sell electronic
nicotine delivery systems (ENDS) or vapor products, commonly known
as e -cigarette dealers. By law, e -cigarette dealers must have a dealer
registration for each of their business locations and renew it annually.
Among other things, the bill:
1. expands the individual owners who must provide their contact
information and a third -party background check as part of a
dealer’s application to include anyone with at least 5%, rather
than 10%, ownership or interest rights;
2. expands the information dealer registration applicants must
provide to include a certification that the ENDS or vapor
products they sell comply with federal and state laws;
3. generally expands the circumstances under which the
Department of Consumer Protection (DCP) may deny a dealer’s
registration or take other enforcement actions, including when
certain dealers use more than 25% of their retail space to sell
certain nicotine products or when a business proposes to locate
in a municipality that already has a dealer for every 2,500
residents;
4. extends the existing one-year reapplication prohibition to anyone
with a financial interest in the e -cigarette dealer and prohibits
anyone whose dealer registration was revoked from having a
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financial interest in another applicant for one year after the
revocation date;
5. authorizes the DCP commissioner to impose a civil penalty of up
to $5,000 for each ENDS or vapor product sold in violation of the
dealer registration law and requires these products to be deemed
a common nuisance and subject to seizure by police;
6. specifies that registered e-cigarette dealers are deemed to have
constructive notice of communications the DCP commissioner
sends to an email address they provided;
7. makes violations of the dealer registration law a violation of the
Connecticut Unfair Trade Practices Act (CUTPA, see
BACKGROUND); and
8. makes technical and conforming changes.
*House Amendment “A” adds the provisions (1) expanding the
information that must be provided to DCP, (2) adding reasons for
denying a registration, (3) extending the reapplication prohibition, (4)
implementing penalties, and (5) on constructive notice.
EFFECTIVE DATE: October 1, 2026
INDIVIDUAL OWNERS
Existing law generally requires anyone applying for an initial or
renewal e-cigarette dealer registration to provide the name and contact
information and a third -party background check for the business’s
individual owners (those with a direct or indirect f inancial interest in
the applicant). The bill expands this requirement to cover anyone with
at least 5%, rather than 10%, ownership or interest rights in the business.
As under current law, this includes the total financial interest held by
the individual owner and his or her spouse, parents, and children.
As under existing law, applicants do not need to provide this
information if they are a publicly traded company listed on a national
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stock exchange.
GROUNDS FOR DENYING AN INITIAL OR RENEWAL DEALER
REGISTRATION
Under current law, the DCP commissioner must issue a dealer
registration within 30 days of the application unless he makes certain
findings. The bill extends the same timeframe and reasons for denying
a dealer registration to renewals and expands the reasons for a denial to
include the following:
1. if an individual owner named in the application made materially
false or misleading statements in a DCP application, rather than
just the applicant;
2. if the business owner’s or named designee’s criminal background
check is sufficient for denying the registration under the existing
law that prohibits state -issued credentials because of a prior
criminal conviction, rather than if the commissioner finds that the
applicant has a criminal history sufficient to disqualify him or her
for a state-issued credential under this law; and
3. if the applicant, its authorized owner, or any entity owned or
managed by any individual owner named in the application (a)
committed multiple violations of the e-cigarette dealer law, (b) is
subject to a delinquency assessment by the Department of
Revenue Services, or (c) is the subject of any other adverse
determination by a government agency, rather than if the
applicant violated any other provision of the e -cigarette dealer
law.
The bill also adds to the grounds for DCP to deny initial registrations
(but not renewals) submitted on or after October 1, 2026, to include
when the proposed business is located in a municipality that already has
one dealer for every 2,500 residents based on the most recently
completed decennial census.
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DEALERS THAT PRIMARILY SELL CERTAIN NICOTINE
PRODUCTS
The bill adds to the reasons for DCP to deny an initial or dealer
registration to include when the applicant (1) has over 50% of annual
gross revenue from sales of certain nicotine -related products and (2)
uses more than 25% of retail sales area for selling these products.
Under the bill, for initial registrations, the applicant must certify that
no more than (1) 50% of the applicant’s annual gross revenue at the
location will come from sales of cigarettes, drug paraphernalia, ENDS,
nicotine products, synthetic nicotine, tob acco products, and vapor
products and (2) 25% of the total floor area dedicated to sales at the
location will be dedicated to sales of these products. For renewals, the
applicant must submit the information DCP requires to determine these
thresholds, which tie back to the prior registration period’s sales, and
the bill specifically requires DCP to deny the renewal if these thresholds
are exceeded.
The bill also requires these dealers to maintain the floor space
information, subject to DCP inspection and copying, including floor
plans showing the total floor area dedicated to sales and the portion
dedicated to sales of the products listed above.
REGISTRATION REQUIREMENTS
The bill expands the information applicants for an initial or renewal
e-cigarette dealer registration must provide to include a certification
that the ENDS and vapor products they offer for sale comply with
federal and state law, including the federal Food , Drug and Cosmetic
Act’s requirement for tobacco products.
SUFFICIENT CAUSE FOR DCP ENFORCEMENT ACTIONS
Current law allows the DCP commissioner to take certain actions
against an e-cigarette dealer for sufficient cause, including suspending,
revoking, or refusing to grant or renew their registration. Under current
law, sufficient cause includes illegally pos sessing, offering, or selling
any illegal or controlled substance. The bill specifies that this applies to
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the registrant, its owner, or anyone with a financial interest in the
registrant (presumably the individual owners named in the application,
as described above).
The bill also makes any failure to maintain records or to make them
immediately available to DCP sufficient cause for enforcement action.
REAPPLICATION PROHIBITION
Current law prohibits anyone whose dealer registration was revoked,
including the registrant’s owners, from applying for a dealer
registration for one year after the revocation date. The bill (1) extends
this reapplication prohibition to anyone with a fina ncial interest in the
registrant and (2) bars anyone whose dealer registration was revoked
from having a financial interest in another applicant for one year after
the revocation date.
CIVIL PENALTY
The bill authorizes the DCP commissioner to impose a civil penalty
of up to $5,000 for each ENDS and vapor product sold, offered for sale,
or marketed in violation of the dealer registration law. Each of these
products is a separate violation.
SEIZURE OF PRODUCTS IN VIOLATION OF THE LAW
Under the bill, any ENDS or vapor products sold, offered for sale, or
marketed in violation of the dealer registration law, as well as any
controlled substance or cannabis sold, offered for sale, or marketed by a
dealer in violation of state law, are a com mon nuisance and subject to
immediate seizure by state or local police.
The officers must hold the products subject to confiscation and
destruction by a court order and the seller or marketer is liable for all
seizure, confiscation, and destruction costs.
BACKGROUND
CUTPA
By law, CUTPA prohibits businesses from engaging in unfair and
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deceptive acts or practices. It allows the DCP commissioner, under
specified procedures, to issue regulations defining an unfair trade
practice, investigate complaints, issue cease and desist orders, order
restitution in cases involving less than $10,000, impose civil penalties of
up to $5,000, enter into consent agreements, ask the attorney general to
seek injunctive relief, and accept voluntary statements of compliance. It
also allows individuals to sue. Courts may issue restraining orders;
award actual a nd punitive damages, costs, and reasonable attorney’s
fees; and impose civil penalties of up to $5,000 for willful violations and
up to $25,000 for a restraining order violation.
Related Bills
sSB 231 (File 174), favorably reported by the General Law
Committee, adds additional reasons for DCP to deny an e -cigarette
dealer registration.
sHB 5539 (File 671), favorably reported by the Finance, Revenue and
Bonding Committee, has similar provisions on expanded contact
information, compliance certification, circumstances in which DCP may
deny registration, reapplication prohibition, civil penalties, and
constructive notice.
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 20 Nay 0 (03/11/2026)