AN ACT relating to nicotine products.

UNOFFICIAL COPY 26 RS BR 1062
Page 1 of 2
XXXX 1/15/2026 6:39 PM Jacketed
AN ACT relating to nicotine products. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) (a) A retailer shall notify a consumer placing an order for any tobacco 5
products, alternative nicotine products, or vapor products that the shipment 6
or delivery shall not be com pleted unless the recipient of the shipment or 7
delivery provides a valid identification document at the time of the shipment 8
or delivery verifying that the recipient is at least twenty -one (21) years of 9
age. 10
(b) All tobacco product, alternative nicotine p roduct, or vapor product 11
containers shipped or delivered to a consumer shall be conspicuously 12
labeled with the words: "CONTAINS TOBACCO PRODUCTS: 13
SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR 14
DELIVERY", "CONTAINS ALTERNATIVE NICOTINE PRODUCTS: 15
SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR 16
DELIVERY", or "CONTAINS VAPOR PRODUCTS: SIGNATURE OF 17
PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY", as 18
appropriate for each shipment or delivery. 19
(2) At the time of delivery, the recipient of the shipment or delivery shall present to 20
the individual delivering the package a valid identification document. Prior to 21
transferring possession of the package, the individual delivering the package 22
shall visually inspect the document and verify the identity of the recipient and , by 23
visual examination or by using age verification technology, that the recipient is at 24
least twenty-one (21) years of age. 25
(3) Before transferring possession of the package, the individual delivering the 26
package shall obtain the signature of the recipient of the shipment or delivery. 27
UNOFFICIAL COPY 26 RS BR 1062
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XXXX 1/15/2026 6:39 PM Jacketed
The individual who receives and signs for the tobacco products, alternative 1
nicotine products, or vapor products is not required to be the consumer who 2
purchased the tobacco products, alternative nicotine products, or vapor products. 3
(4) A retailer or common or private carrier that fails to comply with this section 4
shall: 5
(a) For the first offense, be guilty of a violation punishable by a fine of five 6
hundred dollars ($500); and 7
(b) For each subsequent offense, be guilty of a violation punishable by a fine of 8
one thousand dollars ($1,000). 9
(5) A consumer who intentionally causes an unlawful shipment or delivery under 10
this section shall: 11
(a) For the first offense, be guilty of a violation punishable by a fine of two 12
hundred fifty dollars ($250); and 13
(b) For each subsequent offense, be guilty of a violation punishable by a fine of 14
five hundred dollars ($500). 15
The retailer and the common or private carrier shall not be liable for a violation 16
of this subsection. 17
(6) If a common or private carrier is unable to complete delivery under this section, 18
the tobacco products, alternative nicotine products, or vap or products shall be 19
returned to the retailer. 20