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AN ACT relating to tobacco, nicotine, or vapor product licensure and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 4
TO READ AS FOLLOWS: 5
(1) As used in this section: 6
(a) "Pipe tobacco" means any tobacco which, because of its appearance, type, 7
packaging, or labeling, is suitable for use and likely to be offered to or 8
purchased by consumers as tobacco to be smoked in a pipe; and 9
(b) "Premium cigar" means a cigar that: 10
1. Is wrapped in whole leaf tobacco; 11
2. Contains a one hundred percent (100%) leaf tobacco binder; 12
3. Is made by manually combining the wrapper, filler, and binder; 13
4. Has no filter, tip, or nontobacco mouthpiece and is capped by hand; 14
and 15
5. Weighs more than six (6) pounds per one thousand (1,000) units. 16
(2) (a) A retailer shall notify a consumer placing an order for any tobacco 17
products, alternative nicotine products, or vapor products that the shipment 18
or delivery shall not be completed unless the recipient of the shipment or 19
delivery provides a valid identification document at the time of the shipment 20
or delivery verifying that the recipient is at least twenty -one (21) years of 21
age. 22
(b) For purposes of this subsection, tobacco products shall not include 23
premium cigars or pipe tobacco. 24
(c) All tobacco product, alternative nicotine product, or vapor product 25
containers shipped or delivered to a consumer shall be conspicuously 26
labeled with the words: "CONTAINS TOBACCO OR NICOTINE 27
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PRODUCTS." 1
(3) At the time of de livery, the recipient of the shipment or delivery shall present to 2
the individual delivering the package a valid identification document. Prior to 3
transferring possession of the package, the individual delivering the package 4
shall visually inspect the document and verify the identity of the recipient and, by 5
visual examination or by using age verification technology, that the recipient is at 6
least twenty-one (21) years of age. 7
(4) Before transferring possession of the package, the individual delivering the 8
package shall obtain the signature of the recipient of the shipment or delivery. 9
The individual who receives and signs for the tobacco products, alternative 10
nicotine products, or vapor products is not required to be the consumer who 11
purchased the tobacco products, alternative nicotine products, or vapor products. 12
(5) A retailer or common or private carrier that fails to comply with this section 13
shall: 14
(a) For the first offense, be guilty of a violation punishable by a fine of five 15
hundred dollars ($500); and 16
(b) For each subsequent offense, be guilty of a violation punishable by a fine of 17
one thousand dollars ($1,000). 18
(6) A consumer who intentionally causes an unlawful shipment or delivery under 19
this section shall: 20
(a) For the first offense, be guilty of a violation punishable by a fine of two 21
hundred fifty dollars ($250); and 22
(b) For each subsequent offense, be guilty of a violation punishable by a fine of 23
five hundred dollars ($500). 24
The retailer and the common or private carrier shall not be liable fo r a violation 25
of this subsection. 26
(7) If a common or private carrier is unable to complete delivery under this section, 27
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the tobacco products, alternative nicotine products, or vapor products shall be 1
returned to the retailer. 2
(8) For purposes of this secti on, tobacco products shall not include premium cigars 3
or pipe tobacco. 4
(9) This section shall not be construed to authorize any person under twenty-one (21) 5
years of age to order, purchase, receive, or use tobacco products. 6
SECTION 2. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 7
TO READ AS FOLLOWS: 8
(1) The annual license application required in Section 5 of this Act shall contain 9
only the following information, given under oath: 10
(a) The name, age, Social Security nu mber, federal employer identification 11
number, telephone number, email address, business address, and citizenship 12
of each applicant; 13
(b) If the applicant is a partner, the name, age, Social Security number, 14
business address, and citizenship of each partner and the name and address 15
of the partnership; 16
(c) The name, age, Social Security number, business address, residence, and 17
citizenship of each individual or partner interested in the business for which 18
the license is sought, together with the nature of that interest, and, if the 19
applicant is a corporation, limited partnership company, limited liability 20
company, or other business entity recognized by law, the name, age, Social 21
Security number, and address of each principal owner, member, officer, 22
and director of the applicant. The department may require the names of all 23
owners and the ownership percentage held by each; 24
(d) The premises to be licensed, stating the street and number, if the premises 25
has a street number, and a description that will reasonably indicate the 26
location of the premises; 27
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(e) 1. Proof of occupancy, to include: 1
a. A copy of the lease or deed for the pre mises to be licensed, if not 2
currently on file with the department under a license issued 3
pursuant to KRS Chapter 243; or 4
b. Certification from a landlord or landowner stating that the 5
property can be used for the purpose in which the application 6
has been filed for the premise to be licensed. 7
2. If a change of ownership requires a resubmission pursuant to Section 8
5 of this Act, a copy of the revised lease or deed or certificate from a 9
landlord or landowner for the premises to be licensed shall be 10
included; 11
(f) Proof of registration with the Department of Revenue pursuant to KRS 12
139.390; and 13
(g) 1. A statement that neither the applicant nor any other person referred to 14
in this section has been convicted of: 15
a. Any misdemeanor directly or indirectly attributab le to the sale of 16
illicit substances or illegal tobacco, nicotine, or vapor products; 17
b. Any violation involving a controlled substance that is described 18
in or classified pursuant to KRS Chapter 218A within the two (2) 19
years immediately preceding the application; 20
c. Any felony within five (5) years from the later of the date of 21
parole or the date of conviction; or 22
d. Knowingly providing false information to the department 23
preceding the application. 24
2. A statement that the applicant or any other person refer red to in this 25
section has not had any license that has been issued under KRS 26
Chapter 438 revoked for cause within two (2) years prior to the date of 27
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the application. 1
(2) (a) The renewal license form required in Section 5 of this Act shall only provide 2
for information in the event of a material change. 3
(b) As used in this subsection, "material change" means: 4
1. A change of: 5
a. Ownership; 6
b. Lease or deed status; or 7
c. Business address; and 8
2. Any civil or criminal violations. 9
(3) If, after a license has been issued, there is a change in any of the facts required to 10
be set forth in the application, a verified supplemental statement in writing giving 11
notice of the change shall be filed with the department within ten (10) days after 12
the change. 13
(4) In giving any notice or taking any action in reference to a license, the department 14
may rely upon the information furnished in the application or in the 15
supplemental statement connected with the application as accurate and truthful. 16
The information required to be furn ished in the application or supplemental 17
statement shall be deemed material in any prosecution for perjury. 18
(5) The department shall not have the authority to establish any additional 19
requirements for licensure or licensure renewal beyond those statutorily required. 20
(6) (a) Within thirty (30) days of the effective date of this Act, the department shall 21
publish and maintain on its website the required application, renewal form, 22
and instructions for an annual tobacco, nicotine, or vapor product license. 23
(b) The application, renewal form, and instructions shall: 24
1. Be public-facing; 25
2. Be published outside of the department's licensure portal; 26
3. Not require a person to log into an account for access; and 27
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4. Have a quick link for easy access on a main tab or section of the 1
department's website. 2
Section 3. KRS 438.306 is amended to read as follows: 3
(1) Each retail er shall, upon organizational filing or application for certificate of 4
authority to the Secretary of State and upon its annual report, state whether it is 5
involved in the retail sale of authorized nicotine vapor products. 6
(2) The Secretary of State shall: 7
(a) Create a list of retailers that sell authorized nicotine vapor products;[ and] 8
(b) Provide the list of retailers created under paragraph (a) of this subsection to 9
the department and the Department of Revenue on a monthly basis; and 10
(c) Prior to June 30 of each calendar year, as a part of the electronic 11
notification reminder to each business to submit its annual report, notify 12
retailers that a tobacco, nicotine, or vapor product license is required to sell 13
authorized nicotine vapor products. 14
Section 4. KRS 438.3061 is amended to read as follows: 15
(1) A person, firm, or corporation shall not operate as a retailer selling alternative 16
nicotine products, tobacco products, or authorized nicotine vapor products in or on 17
any premises in the Commonwealth without first obtaining a tobacco, nicotine, or 18
vapor product license issued by the department. The department may issue: 19
(a) A tobacco, nicotine, or vapor product license that may be renewed annually; 20
(b) 1. A temporary tobacco, nicotine, or vapor product license for use at 21
fairs, festivals, and other similar events. 22
2. A temporary license issued under this paragraph shall be valid for no 23
more than thirty (30) days. 24
3. The department shall approve or deny every application for a 25
temporary tobacco, nicotine, or vapor product license within fourteen 26
(14) business days; and 27
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(c) Any other special or temporary license the department deems necessary. 1
(2) (a) Any person who, by himself or herself or through another, directly or 2
indirectly, violates subsection (1) of this section shall be subject to the 3
penalties in KRS 243.990(2). 4
(b) On and after November 1, 2026, the department shall confiscate all 5
alternative nicotine products, tobacco products, or authorized nicotine 6
vapor products fr om any person, firm, or corporation that violates 7
subsection (1) of this section. 8
Section 5. KRS 438.3063 is amended to read as follows: 9
(1) (a) 1. Each applicant shall apply [application] for an initial [a] tobacco, 10
nicotine, or vapor product license on[shall be made in] a form 11
prescribed by the department in accordance with Section 2 of this Act , 12
accompanied with a nonrefundable application fee of fifty dollars ($50) [ 13
and any supporting documentation required by the department]. 14
2. The department shall have the form published to its website within 15
thirty (30) days of the effective date of this Act. 16
(b) The application fee shall be applied to the licensing fee if the license is issued. 17
If no license is issued, the licensing fee required in subsection (4) of this 18
section shall be refunded to the applicant and the application fee shall be 19
retained by the department. 20
(2) A tobacco, nicotine, or vapor product license shall: 21
(a) Be accompanied with a licensure renewal form for an annual license and a 22
licensing fee required in subsection (4) of this section[renewed annually]; 23
(b) Remain in full force and effect for one (1) year from the date of issuance for 24
an annual license and for thirty (30) days for a temporary license unless it is 25
surrendered by the licensee, suspended, or revoked; and 26
(c) Be posted in a conspicuous place in the location[premises] of the business 27
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where alternative nicotine products, tobacco products, or authorized nicotine 1
vapor products are sold. 2
(3) (a) As used in this subsection, "batch license" means to apply for or renew: 3
1. Multiple tobacco, nicotine, or vapor product licenses for multiple 4
premises; or 5
2. A tobacco, nicotine, or vapor product license, or mult iple licenses for 6
multiple premises, in conjunction with one (1) or more licenses 7
authorized under KRS Chapter 243. 8
(b) 1. A retailer with a license issued by the department and operating under 9
KRS Chapter 243 may initiate the application process to obtain a 10
tobacco, nicotine, or vapor product license on the date of its next 11
alcohol license renewal or renew a tobacco, nicotine, or vapor product 12
license on the date of its next alcohol license renewal. 13
2. An applicant seeking to obtain a tobacco, nicotine, or vapor product 14
license or a licensee seeking to renew a license may batch license 15
using a singular application or renewal form pursuant to paragraph 16
(c) of this subsection. 17
3. A licensee may batch license: 18
a. On the date of its next alcohol licensure renew al pursuant to 19
KRS Chapter 243; or 20
b. One (1) year from the date of issuance of its tobacco, nicotine, or 21
vapor product license. 22
4. If an applicant or licensee chooses to batch license, the fee required in 23
subsection (4) of this section shall be multiplied by the number of 24
premises to be licensed or premises to be renewed. 25
(c) The department shall provide a singular application option and a singular 26
renewal form option for businesses or retailers seeking to batch license. 27
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(d) A retailer or business seeking annual licensure may choose not to batch 1
license and may apply for its tobacco, nicotine, or vapor product license 2
individually on any date throughout the calendar year and renew its license 3
one (1) year from the date of issuance. 4
(4) (a) The fee for an annual[a] tobacco, nicotine, or vapor product license shall be 5
five hundred dollars ($500) per year for each licensed premises and the fee 6
shall be made payable to the State Treasury. 7
(b) The fee for a thirty (30) day temporary tobacco, nicotine, or vapor pr oduct 8
license shall be fifty dollars ($50) for each event, and the fee shall be made 9
payable to the State Treasurer. 10
(c) All of the fees paid into the State Treasury for state licenses shall be credited 11
to a revolving trust and agency account as provided i n KRS 438.337 for the 12
department. 13
(5) (a) Prior to denial or notification of failure to renew, if the department 14
identifies any error or omission in any application submitted for issuance or 15
renewal of a tobacco, nicotine, or vapor product license: 16
1. The department shall notify the applicant of the error within seven (7) 17
business days of its discovery; 18
2. The applicant shall be granted a grace period of thirty (30) days for 19
correction; and 20
3. The department shall review the correction within seven (7) busi ness 21
days of the submitted correction. 22
(b) The department shall issue the license or permit within fourteen (14) 23
business days of the date the application is complete. 24
(6) The tobacco, nicotine, or vapor product license shall not be transferred from one (1 ) 25
person to another or from one (1) premises to another premises. 26
(7)[(6)] (a) If a retailer has a change of ownership, the new owner shall provide 27
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written notice to the department of the change in ownership no later than 1
fifteen (15) days prior to the transaction or sale closing, and the notice shall 2
include: 3
1. The initial licensin g application established in subsection (1) of this 4
section; and 5
2. The licensing fee required in subsection (4) of this section. 6
(b) The department shall issue the license within fourteen (14) business days of 7
the date the notice and application is receiv ed[A new tobacco, nicotine, or 8
vapor product license shall be required when a retailer has a change in 9
ownership]. 10
Section 6. KRS 438.3067 is amended to read as follows: 11
(1) (a) Except as provided in subsections (5) and (7) of Section 5 of this Act, the 12
commissioner shall approve or deny every application for a tobacco, nicotine, 13
or vapor product license within fourteen (14) business days. 14
(b) If a retailer has submitted an application and the department has not issued 15
a license or denial, or notified of failure to renew within fourteen (14) 16
business days, a retailer shall not be subject to any penalties during or after 17
the required fourteen (14) business days until the department has issued the 18
license or denial, or notified of failure to renew to the retailer. 19
(2) A license shall only be denied if the: 20
(a) 1. Application required in Section 5 of this Act is incomplete; and 21
2. Applicant has been given the opportunity to correct an application as 22
required in Section 5 of this Act; 23
(b) Licensing fee required in Section 5 of this Act is not remitted with the 24
application; 25
(c) Applicant or business owners are not twenty-one (21) years of age or older; 26
(d) Applicant or business owners have a tax delinquency due to the Department 27
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of Revenue, unless the applicant or business owners have an approved 1
payment agreement with the Department of Revenue; or 2
(e) Applicant has committed any act for which a license would be revoked 3
pursuant to Section 7 of this Act. 4
(3) If the application is denied, the: 5
(a) License shall not be issued; 6
(b) Applicant shall be notified of the commissioner's denial, which shall include 7
the reason for the denial; and 8
(c) Applicant may, within thirty (30) days, appeal the denial and request an 9
administrative hearing on the matter in accordance with KRS Chapter 13B. 10
(4)[(3)] (a) If the commissioner revokes a license pursuant to KRS 438.3069, the 11
commissioner shall: 12
1. Notify the applicant within ten (10) days of the decision to revoke the 13
license; and 14
2. Upon the re quest of a denied licensee, commence a hearing on the 15
license revocation in accordance with KRS Chapter 13B. 16
(b) Revocation of a license subject to KRS 438.305 to 438.350, as it relates to the 17
regulation of alternative nicotine products, tobacco products, and vapor 18
products, for any reason shall result in the inability of a retailer to reapply for 19
a license for two (2) years. 20
(c) 1. A final order of the commissioner shall be appealable to the Franklin 21
Circuit Court. 22
2. The licensee may, within thirty (30) d ays, appeal the final order and 23
request an administrative hearing on the matter in accordance with KRS 24
Chapter 13B. 25
Section 7. KRS 438.3069 is amended to read as follows: 26
A license may be revoked or suspended by the commissioner for a violation of: 27
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(1) Any of the provisions of KRS 438.305 to 438.350 , as they relate to the regulation 1
of alternative nicotine products, tobacco products, and vapor products, except as 2
provided i n Section 8 of this Act and KRS 438.312, in which the schedule of 3
penalty of each respective statute shall be followed; 4
(2) Any administrative regulation of the department relating to the regulation of the 5
manufacture, sale, and transportation of alternati ve nicotine products, tobacco 6
products, or vapor products; 7
(3) Any administrative regulation of the Department of Revenue relating to the taxation 8
of alternative nicotine products, tobacco products, or vapor products; 9
(4) Any Act of Congress or any rule or regulation of any federal board, agency, or 10
commission; or 11
(5) [Any of the laws, regulations, or ordinances referred to in this section when an 12
agent, servant, or employee of the licensee committed the violation, irrespective of 13
whether the licensee knew of or permitted the violation or whether the violation 14
was committed in disobedience of the licensee's instructions; 15
(6) Any cause which the department in the exercise of its sound discretion deems 16
sufficient; or 17
(7) ]Any of the reasons for which the commi ssioner would have been required to deny 18
a license if existing material facts had been known. 19
Section 8. KRS 438.310 is amended to read as follows: 20
(1) A[No] person shall not sell or cause to be sold any tobacco product or alternative 21
nicotine product at retail to any person under the age of twenty -one (21), or solicit 22
any person under the age of twenty -one (21) to purchase any tobacco product or 23
alternative nicotine product at retail. 24
(2) Any person who sells tobacco products or alternative nicotine products at retail 25
shall cause to be posted in a conspicuous place in his or her establishment a notice 26
stating that it is illegal to sell tobacco products, alternative nicotine pr oducts, or 27
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vapor products to persons under age twenty-one (21). 1
(3) Any person selling tobacco products, alternative nicotine products, or vapor 2
products shall require proof of age from a prospective buyer or recipient if the 3
person has reason to believe t hat the prospective buyer or recipient is under the age 4
of twenty-one (21). 5
(4) A person who violates subsection (1) or (2) of this section shall be subject to a: 6
(a) One hundred dollar ($100) fine to the retail sales clerk for a first citation and a 7
notice to the owner of a retail establishment which details the violation; 8
(b) One hundred dollar ($100) fine to the retail sales clerk and an additional five 9
hundred dollar ($500) fine to the owner of a retail establishment for a second 10
citation; 11
(c) One hundred dollar ($100) fine to the retail sales clerk and an additional one 12
thousand dollar ($1,000) fine to the owner of a retail establishment for a third 13
citation; and 14
(d) Revocation of the tobacco, nicotine, or vapor product license upon a fourth 15
citation. R evocation for any fourth and subsequent citation within a two (2) 16
year period shall result in the inability to reapply for a license for two (2) 17
years. 18
(5) Each citation shall be specific to the premises of the retail establishment where the 19
violation occurred. 20
(6) The fine shall be imposed and collected by the department using a civil 21
enforcement procedure. 22
(7) A retailer shall be prohibited from renewing its license until all fines incurred under 23
KRS 438.305 to 438.350 as they relate to the regulation of alternative nicotine 24
products, tobacco products, and vapor products are paid. 25
Section 9. KRS 438.316 is amended to read as follows: 26
(1) A retailer of nicotine vapor products containing nicotine shall only sell authorized 27
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nicotine vapor products. 1
(2) Any retailer that violates this section shall be subject to a: 2
(a) Five hundred dollar ($500) fine to the owner of a retail establishment for a 3
first citation issued for a violation of this section; 4
(b) One thousand dollar ($1 ,000) fine to the owner of a retail establishment for a 5
second or subsequent citation issued for a violation of this section; and 6
(c) Revocation of the t obacco, nicotine, or vapor product license upon a fourth 7
citation, which shall result in the inability to reapply for a tobacco, nicotine, or 8
vapor product license for two (2) years. 9
(3) Each citation shall be specific to the premises of the retail establi shment where the 10
violation occurred. 11
(4) Any retailer with unpaid fines under this section that are more than sixty (60) days 12
overdue shall lose the ability to lawfully sell vapor products until the fines are paid. 13
(5) A retailer shall have an affirmative defense to a violation of selling an unauthorized 14
vapor product if the retailer can establish: 15
(a) Proof of an official material change in the status of a vapor product under 16
review by the FDA within forty -five (45) days of the issuance of the citation; 17
or 18
(b) Proof received under KRS 438.308(1)(b) that the product is an authorized 19
nicotine vapor product. 20
Section 10. KRS 438.330 is amended to read as follows: 21
(1) Except as provided in KRS 438.337, the Department of Alcoholic Beverage Control 22
and the Department of Agriculture shall carry out annually conducted random, 23
unannounced inspections of retail establishments where tobacco products, 24
alternative nicotine products, or vapor products are sold or distributed for the 25
purpose of enforcing the provisions of KRS 438.305 to 438.350 as they relate to 26
the regulation of alternative nicotine products, tobacco products, and vapor 27
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products. The inspections shall be conducted to the extent necessary to assure that 1
the Commonwealth remains in compliance with Pub. L. No. 102-321 and applicable 2
federal regulations. The department and the Department of Agriculture shall also 3
ensure that targeted inspections are conducted at those retail establishments where, 4
and at those times when, perso ns under the age of twenty -one (21) years are most 5
likely to purchase tobacco products, alternative nicotine products, or vapor 6
products. Persons under the age of twenty -one (21) years may be used to test 7
compliance with the provisions of KRS 438.305 to 43 8.350 as they relate to the 8
regulation of alternative nicotine products, tobacco products, and vapor products 9
only if the testing is conducted under the direct supervision of the department, 10
sheriff, or chief of police, or their employees, and written pare ntal consent has been 11
obtained. The department shall prepare annually, for submission by the Governor to 12
the secretary of the United States Department of Health and Human Services, the 13
report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal 14
Public Health Service Act. 15
(2) The department shall develop and implement the survey sampling methodologies to 16
carry out the inspections as described in this section. 17
Section 11. KRS 438.340 is amended to read as follows: 18
(1) The department and the Department of Agriculture are authorized to promulgate 19
administrative regulations pursuant to KRS Chapter 13A as necessary to implement 20
and carry out the provisions of KRS 438.305 to 438.350, including establishing a 21
procedure for administering citations, issuing orders, adjusting fees, and filing 22
appeals under this section and KRS 438.3067 for any violation of the provisions of 23
KRS 438.305 to 438.350, order of the commissioner, or administrative regulations 24
promulgated by the department. 25
(2) The department shall promulgate administrative regulations relating to tobacco, 26
nicotine, and vapor licensing in accordance with KRS Chapter 13A within thirty 27
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(30) days of the effective date of this Act. 1
SECTION 12. A NEW SECTION OF KRS 438.305 TO 438.350 IS CREATED 2
TO READ AS FOLLOWS: 3
(1) The temporary license application required in Section 5 of this Act shall contain 4
only the following information, given under oath: 5
(a) The name, age, Social Security number, federal employer identification 6
number, telephone number, email address, business address, and citizenship 7
of each applicant; 8
(b) If the applicant is a partner, the name, age, Social Security number, 9
business address, and citizenship of ea ch partner and the name and address 10
of the partnership; 11
(c) The name, age, Social Security number, business address, residence, and 12
citizenship of each individual or partner interested in the business for which 13
the license is sought, together with the natu re of that interest, and, if the 14
applicant is a corporation, limited partnership company, limited liability 15
company, or other business entity recognized by law, the name, age, Social 16
Security number, and address of each principal owner, member, officer, 17
and director of the applicant. The department may require the names of all 18
owners and the ownership percentage held by each; 19
(d) A description of the location of the fair, festival, or other event that 20
reasonably indicates where at the event location the products will be sold; 21
(e) Proof of the occurrence and duration of the fair, festival, or other event 22
where the products will be sold; and 23
(f) 1. A statement that neither the applicant nor any other person referred to 24
in this section has been convicted of: 25
a. Any misdemeanor directly or indirectly attributable to the sale of 26
illicit substances or illegal tobacco, nicotine, or vapor products; 27
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b. Any violation involving a controlled substance that is described 1
in or classified pursuant to KRS Chapter 218A within the two (2) 2
years immediately preceding the application; 3
c. Any felony within five (5) years from the later of the date of 4
parole or the date of conviction; or 5
d. Knowingly providing false information to the department 6
preceding the application. 7
2. A statement that the applicant or any other person referred to in this 8
section has not had any license that has been issued under KRS 9
Chapter 438 revoked for cause within two (2) years prior to the date of 10
the application. 11
(2) If, after a license has been issued, there is a change in any of the facts required to 12
be set forth in the application, a verified supplemental statement in writing giving 13
notice of the change shall be filed with the department within ten (10) days after 14
the change. 15
(3) In giving any notice or taking any action in reference to a license, the department 16
may rely upon the information furnished in the application or in the 17
supplemental statement connected with the application as accurate and truthful. 18
The info rmation required to be furnished in the application or supplemental 19
statement shall be deemed material in any prosecution for perjury. 20
(4) The department shall not have the authority to establish any additional 21
requirements for licensure or licensure renewal beyond those statutorily required. 22
(5) (a) Within thirty (30) days of the effective date of this Act, the department shall 23
publish and maintain on its website the required application, renewal form, 24
and instructions for a temporary tobacco, nicotine, or vapor product license. 25
(b) The application, renewal form, and instructions shall: 26
1. Be public-facing; 27
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2. Be published outside of the department's licensure portal; 1
3. Not require a person to log into an account for access; and 2
4. Have a quick link for ea sy access on a main tab or section of the 3
department's website. 4
Section 13. The following KRS section is repealed: 5
438.3065 Transitional license. 6
Section 14. Notwithstanding an y laws to the contrary, this Act shall not be 7
construed to delay enforcement of Sections 8, 9, or 10 of this Act or KRS 438.311, 8
438.315, or 438.3071. 9
Section 15. Notwithstanding any law to the contrary, including 2026 RS SB 10
145/EN: 11
(1) Within 60 days of the effective date of this Act, any retailer selling tobacco, 12
nicotine, or vapor products in Kentucky that does not hold a tobacco, nicotine, or vapor 13
product l icense required by this Act shall remit the initial application form and the 14
licensing fee required in Section 5 of this Act to the department to obtain an initial 15
license; 16
(2) If a retailer is approved, the department shall issue a license within 14 17
business days; and 18
(3) If a retailer is licensed pursuant to subsection (1) of this section, the retailer 19
shall renew annually on the date of issuance unless the retailer elects to renew by batch 20
license pursuant to Section 5 of this Act. 21
Section 16. Any licensee who has obtained a tobacco, nicotine, and vapor 22
product license under KRS 438.305 to 438.350 in calendar year 2025 shall have the 23
licensing fee of five hundred dollars ($500) paid in calendar year 2025 credited to the 24
licensee's upcoming licensing fee payment for licensure renewal in calendar year 2026. 25
Licensees not seeking renewal shall not receive a refund or credit and the licensing fee 26
paid in calendar year 2025 shall be retained by the department. 27
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Section 17. Sections 1 to 12 of this Act shall not modify, invalidate, or 1
otherwise negatively affect a tobacco, nicotine, or vapor product license that: 2
(1) Was issued by the department prior to July 1, 2026; and 3
(2) Remains in good standing with the department on July 1, 2026. 4
Section 18. Sections 2 to 10 of this Act shall be retroactive to January 1, 2026. 5
Section 19. Whereas the proper regulation and licensing o f tobacco, nicotine, 6
and vapor products are crucial for public safety and protection, an emergency is declared 7
to exist, and this Act takes effect upon its passage and approval by the Governor or upon 8
its otherwise becoming a law. 9