Establishes requirements for certain tobacco product retailers to stock and sell nicotine replacement therapy products.

A1015

ASSEMBLY, No. 1015

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman BALVIR SINGH

District 7 (Burlington)

Co-Sponsored by:

Assemblywoman Speight

SYNOPSIS

���� Establishes requirements for certain tobacco product
retailers to stock and sell nicotine replacement therapy products.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning tobacco product retailers and
supplementing Title 2A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� Any entity, other
than a cigar shop, that sells, offers for sale, or distributes for commercial
purpose any tobacco product shall maintain a stock of, and offer for retail
sale, at least one type of nicotine replacement therapy drug, device, or
combination product that has been approved by the federal Food and Drug
Administration for cessation of tobacco use pursuant to the �Federal Food,
Drug, and Cosmetic Act,� 21 U.S.C. s.301 et seq.�

���� b.��� An entity that is
subject to the requirements of subsection a. of this section shall have the
discretion to determine:

���� (1)� the number and type of
nicotine replacement therapy products that the entity will stock and offer for
sale;

���� (2)� the quantity of each
nicotine replacement therapy product that is stocked and offered for sale; and

���� (3)� whether the entity will
stock and offer for sale more than one type of nicotine replacement therapy
product.�

���� c.��� An entity that is
subject to the requirements of subsection a. of this section that sells out of
the entity�s full stock of nicotine replacement therapy products shall have
five business days to place an order for a new stock of a nicotine replacement
therapy product, and shall have 14 days from the date the entity sells its last
nicotine replacement therapy product to again stock and offer for retail sale a
nicotine replacement therapy product.

���� d.��� An entity that is
subject to the requirements of subsection a. of this section shall:

���� (1)� display nicotine
replacement therapy products that are offered for retail sale in a location
behind the sales counter;

���� (2)� provide printed notice
within the establishment that nicotine replacement therapy products are
available for retail sale at that location; and

���� (3)� display the official
logo, phone number, and Internet address of the NJ Smoking Quitline or a
successor program.

���� e.��� The Commissioner of
Health may establish requirements concerning how and where materials described
in paragraphs (2) and (3) of subsection c. of this section shall be displayed,
as well as requirements concerning the size and other characteristics of the
materials.

���� f.���� As used in this
section:

���� �Cigar shop� means a retail
establishment wherein the only tobacco products and products related to tobacco
use that are available for sale or commercial distribution are cigars and cigar
accessories, including lighters, cigar cutters, humidors, and cigar carrying
tubes.� An establishment shall be considered a cigar shop for the purposes of
this section regardless of whether the establishment offers other, non-tobacco
products for sale or commercial distribution.

���� �Tobacco product� means any
product containing, made of, or derived from tobacco or nicotine that is
intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by other means, including, but not limited to, a
cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus; any vapor
product; and any component, part, or accessory of a product containing, made
of, or derived from tobacco or nicotine or a vapor product, regardless of
whether the component, part, or accessory contains tobacco or nicotine.�
�Tobacco product� includes, but is not limited to, filters, rolling papers,
blunt or hemp wraps, hookahs, and pipes.�

���� 2.��� This act shall take
effect 60 days after the date of enactment.

STATEMENT

���� This bill requires any entity
that sells, offers for sale, or distributes for commercial purpose any tobacco
product to maintain a stock of, and offer for retail sale, at least one type of
nicotine replacement therapy drug, device, or combination product that has been
approved by the federal Food and Drug Administration for cessation of tobacco
use pursuant to the �Federal Food, Drug, and Cosmetic Act,� 21 U.S.C. s.301 et
seq.� This requirement will not apply to cigar shops, which are defined under
the bill to mean retail establishments wherein the only tobacco products and
products related to tobacco use that are available for sale or commercial
distribution are cigars and cigar accessories.

���� An entity that is subject to
these requirements will have the discretion to determine the number and type of
nicotine replacement therapy products that the entity will stock and offer for
sale, as well as the quantity of the product that is stocked and offered for
sale and whether the entity will stock and offer for sale more than one type of
nicotine replacement therapy product.� All nicotine replacement therapy
products offered for retail sale are to be displayed in a location that is
behind the sales counter.

���� An entity that sells out of
the entity�s full stock of nicotine replacement therapy products will have five
business days to place an order for a new stock of nicotine replacement therapy
products, and will have 14 days from the date the entity sells its last
nicotine replacement therapy product to again stock and offer for retail sale a
nicotine replacement therapy product.

���� The entity will be required to
additionally display:� 1) printed notice that nicotine replacement therapy
products are available for retail sale at that location; and 2) the official
logo, phone number, and Internet address of the NJ Smoking Quitline or a
successor program.� The Commissioner of Health may establish requirements
concerning how and where these materials are to be displayed, as well as
requirements concerning the size and other characteristics of the materials.