HB2158 • 2026

Tobacco, Tobacco Products

AN ACT to amend Tennessee Code Annotated, Title 39; Title 43; Title 47; Title 57; Title 67 and Title 68, relative to tobacco products.

Labor Taxes

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Baum, Reeves
Last action: 2026-02-26
Official status: Sponsor(s) Added.
Effective date: Not listed

Plain English Breakdown

Details on enforcement mechanisms are limited to penalties for violations.

Tobacco Product Retail Licensing Act

This act requires tobacco product retailers to obtain a license from the Alcoholic Beverage Commission, establishes an enforcement fund, and sets penalties for violations.

What This Bill Does

Creates a new licensing requirement for businesses that sell tobacco products in Tennessee.
Establishes a Tobacco Product Enforcement Fund where fees and penalties are deposited.
Requires retailers to apply for a license annually and pay a $250 fee.
Sets rules on how applications must be submitted, including providing proof of necessary licenses and disclosing any past violations.
Allows the Alcoholic Beverage Commission to deny or revoke licenses based on certain criteria such as criminal history or non-payment of fees.

Who It Names or Affects

Tobacco product retailers in Tennessee
The Alcoholic Beverage Commission

Terms To Know

Tobacco Product Retailer: A business that sells tobacco products to consumers.
Alcoholic Beverage Commission (ABC): The state agency responsible for licensing and regulating the sale of alcohol, tobacco, and hemp-derived cannabinoid products in Tennessee.

Limits and Unknowns

The bill does not specify an effective date.
It is unclear how existing retailers will transition to comply with new licensing requirements.

Bill History

2026-02-26 Tennessee General Assembly
Sponsor(s) Added.
2026-02-17 Tennessee General Assembly
Sponsor(s) Added.
2026-02-11 Tennessee General Assembly
Sponsor(s) Added.
2026-02-05 Tennessee General Assembly
Assigned to s/c Business & Utilities Subcommittee
2026-02-05 Tennessee General Assembly
P2C, ref. to Commerce Committee - Agriculture & Natural Resources Committee
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Commerce and Labor Committee
2026-02-04 Tennessee General Assembly
Intro., P1C.
2026-02-02 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-02-02 Tennessee General Assembly
Sponsor(s) Added.
2026-01-22 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill creates the tobacco product enforcement fund and requires fees and penalties collected pursuant to this bill to be deposited in it. Money in the fund must not revert to the general fund but must remain available for use by the alcoholic bevera
ge commission for the administration and enforcement of law relative to the sale and distribution of alcohol, tobacco, and hemp derived cannabinoid products.

LICENSURE REQUIREMENT

This bill requires tobacco product retailers to obtain a license from the alcoholic beverage commission ("commission") and to prominently display the license in a publicly visible location at the licensed location and on the establishment's website. An
application for such a license must include all of the following:



The name, address, and telephone number of the applicant.


The business name, address, and telephone number of each location for which a license is sought.


The name and mailing address authorized by each applicant to receive all communications and notices required by, authorized by, or for the purpose of enforcing this bill.


Proof that each location for which a tobacco product retailer's license is sought has been issued all necessary state and local licenses and permits for the operation of the business and for each product sold at each location
.


Whether or not an applicant has admitted violating, or has been found to have violated, this
bill
or another local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous fiv
e
years
.


A signed affidavit affirming that the applicant has not sold and will not sell a tobacco product without a license required by this
bill.


Whether the retailer engages in the sale of all tobacco products, including vapor products, or only non-vapor tobacco products
.


Whether the retail location will operate a tobacco product vending machine, or function as a cigar bar, retail tobacco store, or retail vapor product store, and proof that the venue meets the definition of those establishments
.


A statement by the applicant that the contents of the application are complete, true, and correct
.


The signature of the applicant
.


Any other information deemed necessary by the commission.

Further, this bill requires applicants to inform the commission of any change in the information submitted on an application within 30 business days.

This bill authorizes the commission to approve or deny the application for a license, or to delay action to complete an investigation of the application or applicant as deemed necessary. However, the commission is prohibited from issuing a license to an
applicant that meets any of the following criteria:



The applicant has been convicted of a felony under the laws of this state, any other state, or the United States.


The applicant has had a state or local license or permit in this state related to the sale or distribution of tobacco products revoked.


The applicant is not at least 21.


The applicant intends to carry on the business
authorized by the license as the agent or on behalf of another
.


The applicant seeks
authorization for a tobacco product retailer's license at a moveable place of business
.


The applicant has not paid fees or penalties resulting from a violation of this bill; the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act; the Children's Act for Clean Indoor Air; the Non-Smoker Protection Act.


The applicant has not paid taxes owed pursuant to the tobacco tax imposed by present law.


The applicant has a history of noncompliance with federal, state, or local laws, rules, or regulations relating to the sale of tobacco products.

This bill authorizes a tobacco product retailer who is denied a license to petition for a redetermination of the commission's denial.

This bill requires an initial application for an annual tobacco product retail license or a renewal license to include a fee of $250 when the initial application is submitted for review. A license must not be issued until the fee has been paid to the co
mmission. All fees are nonrefundable, except as may be required by law.

This bill provides that a tobacco product retailer's license is valid for one year from the date of issuance. An applicant must apply for the renewal of their license at least 30 days, but not more than 60 days, from the expiration date of the current l
icense. If an applicant fails to submit their renewal application and fee on time, then the retailer is ineligible for license renewal and must instead submit a new initial application.

This bill provides that a tobacco product retailer's license is not assignable or transferrable from one person or one location to another. A new tobacco product retailer's license is required whenever a retail location has a change in ownership.

PENALTIES

This bill authorizes the commission to assess a civil penalty of $500 and to suspend or revoke a tobacco product retailer's license if the commission finds, based on the preponderance of the evidence, that the tobacco product retailer or its agents or em
ployees (i) have violated this bill or a rule of the commission or (ii) have violated any other local, state, or federal law applicable to the sale of tobacco products. Further, if a tobacco product retailer sells or offers for sale a tobacco product to
a
person under 21, then the commission may assess a civil penalty of $2,500 for a first violation. For a second or subsequent violation, the commission may assess a civil penalty of $20,000, and may suspend the license of the retailer.

This bill provides that a tobacco product retailer is liable for all violations committed by its agent or employee, and all penalties assessed are the responsibility of the retailer. A penalty of the commission is appealable within 10 days of receiving
notice of the issuance of the penalty.

SEIZURE OF CONTRABAND

This bill authorizes the commission to seize any tobacco products sold or offered for sale in violation of this bill or rules of the commission without a warrant, as such products are deemed contraband. Further, a tobacco product retailer who possessed o
r offered for sale tobacco products in violation of this bill or a rule of the commission is responsible for reimbursing the costs of transportation, storage, and disposal of the seized property to the commission.

This bill requires a notice of a seizure to be given to the tobacco product retailer and the person from which the property was seized via United States certified mail. Such notice must inform the tobacco product retailer or person in possession of the
right to file a claim for return of the seized property. This bill requires the tobacco product retailer or the person from whom the property was seized to file a claim for the return of the property with the director within 30 days of receiving the noti
ce
of seizure. This bill provides that, if the claim is not filed within 30 days, the tobacco product retailer or person forfeits any interest in the property.

This bill requires the director of the commission to hold a hearing upon receipt of a claim to recover seized property. At the hearing, the director of the commission must find, by a preponderance of the evidence, that the tobacco product retailer or pe
rson was not in compliance with this bill or a rule of the commission. If such a finding is not made, this bill requires the director of the commission to return the seized property. This bill requires the director of the commission to grant or deny the
c
laim for return of the property by mailing a notice of final determination to the tobacco product retailer or person who made the claim.

AGE VERIFICATION

This bill prohibits a tobacco product retailer from selling a tobacco product to another person without first verifying that the recipient is at least 21 by means of a government-issued photo identification card. Further, a tobacco product retailer oper
ating an age-restricted venue must require a government-issued photo identification card from a person who enters the venue at the point of entry to ensure they are at least 21.

This bill requires a licensed tobacco product retailer to post a sign stating:

STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO PRODUCTS, INCLUDING VAPOR PRODUCTS, TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS. PROOF OF AGE IS REQUIRED
, within six feet of each register where tobacco products are available for purchase.

DELIVERY SALES

Present law authorizes delivery sales of cigarettes ordered by or through the mail, a delivery service, the internet, telephone, or some other electronic method to be shipped or transported to persons in this state if the appropriate Tennessee tax has be
en paid.

This bill, instead, requires all sales of tobacco products to be conducted in-person in a licensed location. Further, a licensed tobacco product retailer or the retailer's agents or employees, are prohibited from selling, offering for sale, or deliverin
g a tobacco product to a consumer in a manner other than an in-person, over-the-counter transaction at the location of the tobacco product retailer's licensed retail store.

COMPLIANCE CHECKS

This bill requires the commission to monitor compliance with this bill and commission rules. Further, all licenses premises are required to be open to inspection by the commission during regular business hours. The commission must conduct a compliance
check of each licensed tobacco product retailer's premises at least once a year. However, this bill requires a lottery system to conduct licensee compliance checks using a person under 21 to attempt to purchase a tobacco product at the licensed premises.

The commission is required to prescribe by rule the way to conduct a compliance check via the lottery system and the percentage of licensees that must be checked by lottery each year.

This bill requires the commission to conduct an additional unannounced compliance check within 180 days after a licensed tobacco product retailer violates this bill, a rule of the commission, or the Prevention of Youth Access to Tobacco, Smoking Hemp, an
d Vapor Products Act.

LICENSE DATABASE

This bill requires the commission to create, maintain, and publish an online database that lists the active licensed tobacco product retailers, and to update such database at least monthly. Such database must include all of the following for each license
e:



The business name, address, telephone number, and website
.


The license holder, address, and telephone number
.


The registered agent's name and address
.


The date the first license was issued
.


The date the current license was issued
.


The expiration date of the current license
.


Whether tobacco products or non-vapor tobacco products, or both, are sold at the retail location
.


Whether the retail location will operate a tobacco product vending machine, or function as a cigar bar, retail tobacco store, or retail vapor product store
.

This bill authorizes the commission to contract with a third-party service provider to create and maintain the database.

This bill authorizes the commission to provide to, upon request, the department of health, the office of the attorney general, a law enforcement agency, and an agency authorized to enforce or administer federal, state, or local tobacco laws, information
relating to each licensee operating within the jurisdiction of the requesting entity. However, the entity receiving such information must only use it in accordance with rules prescribed by the commission.

CONFLICTS OF LAW

This bill provides that, to the extent that this bill conflicts with another provision of state law, this bill controls. However, this bill clarifies that other provisions of state law remain enforceable. Further, the fees and penalties prescribed by t
his bill are in addition to all other fees and penalties required or assessed under state law.

RULEMAKING

This bill authorizes the
commission
to promulgate rules to effectuate this bill.

Current Bill Text

Read the full stored bill text

SENATE BILL 2086
By Reeves

HOUSE BILL 2158
By Baum
HB2158
011116
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39;
Title 43; Title 47; Title 57; Title 67 and Title 68,
relative to tobacco products.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 57, is amended by adding the following
as a new chapter:
57-8-101. Short title.
This part is known and may be cited as the "Tobacco Product Retail Licensing
Act."
57-8-102. Purpose and intent.
The purpose of this chapter is to regulate the sale and distribution of tobacco
products, including vapor products. It is the intent of the general assembly that the sale
and distribution of tobacco products is strictly prohibited unless specifically provided for
in this chapter or as otherwise provided in state law. The regulation and control of such
products in this state are in the interest of public health and safety through the state's
ability to efficiently enforce the requirements and restrictions contained in this chapter.
57-8-103. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Age-restricted venue" means a legal establishment that affirmatively
restricts access to its buildings or facilities at all times to persons who are twenty-
one (21) years of age or older by requiring each person who attempts to gain
entry to those buildings or facilities to submit for inspection an acceptable form of

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identification for the express purpose of determining if the person is twenty-one
(21) years of age or older;
(2) "Cigar" means a roll of tobacco other than a cigarette that is wrapped
entirely or in part in leaf tobacco or another substance containing tobacco;
(3) "Cigar bar" means a legal establishment that:
(A) Holds a valid license or permit for the on-premises
consumption of alcoholic beverages;
(B) Generates a portion of its total annual gross income from the
on-site sale of cigars and the rental of humidors;
(C) Does not knowingly sell products or services, or permit
entrance to the premises, to a person who is less than twenty-one (21)
years of age; and
(D) Does not permit vaping or the smoking of products other than
cigars on the premises;
(4) "Cigarette" means:
(A) A roll of tobacco wrapped in paper or in a substance not
containing tobacco; and
(B) A roll of tobacco wrapped in a substance containing tobacco
which, because of its appearance, the type of tobacco used in the filler, or
its packaging and labeling, is likely to be offered to, or purchased by,
consumers as a cigarette;
(5) "Compliance check" means the manner in which the commission
ensures that licensed tobacco product retailers are complying with the
requirements of this chapter. Compliance checks may involve the use of a

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natural person who is sixteen (16) years of age or older and less than twenty-one
(21) years of age to purchase or attempt to purchase tobacco products;
(6) "Delivery sale":
(A) Means the sale of a tobacco product to a person for personal
consumption and not for resale when the sale is conducted by any means
other than an in-person, over-the-counter sales transaction; and
(B) Includes:
(i) The sale of a tobacco product when the sale is
conducted by telephone, other voice transmission, mail, the
internet, or an app-based service; and
(ii) Delivery by tobacco product retailers or third parties by
any means, including curbside pick-up;
(7) "Director" means the director of the commission;
(8) "Electronic smoking device" includes a component, part, or accessory
of the device, and also includes any substance that may be aerosolized or
vaporized by such device, whether or not the substance contains nicotine;
(9) "Moveable place of business" means a form of business that is
operated out of a kiosk, truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type
of structure authorized for sales transactions;
(10) "Nicotine" means a form of the chemical nicotine, including a salt or
complex, regardless of whether the chemical is naturally or synthetically derived,
and includes nicotinic alkaloids and nicotine analogs and any substance intended
to mimic or replicate the pharmacological effect of nicotine;

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(11) "Person" means a natural person, partnership, cooperative
association, corporation, personal representative, receiver, trustee, assignee, or
any other legal entity;
(12) "Retail tobacco store" means a retail store that derives its largest
category of sales from tobacco products and accessories;
(13) "Retail vapor product store" means a retail store that derives its
largest category of sales from vapor products and accessories;
(14) "Sale" or "Sell" means the transfer, exchange, barter, gift, offer for
sale, or distribution for a commercial purpose, in any manner or by any means
whatsoever;
(15) "Tobacco product" means a product containing, made of, or derived
from tobacco or nicotine that is intended for human consumption or is likely to be
consumed, whether smoked, heated, activated, chewed, inhaled, absorbed,
dissolved, snorted, or ingested by any other means, including, but not limited to,
a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, pouch, gum, a
vapor product, and any substance that may be aerosolized or vaporized by such
device, or a component, part, or accessory regardless of whether such product
contains tobacco or nicotine, including, but not limited to, filters, rolling papers,
blunt or hemp wraps, hookahs, flavor enhancers, or pipes. "Tobacco product"
does not mean drugs, devices, or a combination of products approved for sale by
the United States food and drug administration, as those terms are defined in the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 301-392);
(16) "Tobacco product retailer" means a person who sells, offers for sale,
or exchanges or offers to exchange for any form of consideration, tobacco
products at retail to a consumer; and

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(17) "Vapor product" means:
(A) An electronic smoking device that may be used to deliver
aerosolized or vaporized substance to the person inhaling from the
device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape
pen, or e-hookah; and
(B) Does not include drugs, devices, or combination products
authorized for sale by the United States food and drug administration, as
those terms are defined in the Federal Food, Drug, and Cosmetic Act (21
U.S.C. §§ 301-392).
57-8-104. Tobacco product enforcement fund.
(a) There is created the tobacco product enforcement fund. Fees and penalties
collected pursuant to this chapter must be deposited into the fund. Money in the fund
must be invested by the state treasurer in accordance with § 9-4-603. The fund must be
administered by the commission.
(b) Money in the fund does not revert to the state general fund, but remains
available for use by the commission for the administration and enforcement of this title.
57-8-105. Delegation of power or duties by commission.
The commission may delegate a power or duty of the commission to the director.
57-8-106. License required -- Application -- Fees -- Issuance and denial -- License
display.
(a) All applications must be submitted on a form supplied by the commission and
must contain the following information:
(1) The name, address, and telephone number of the applicant;
(2) The business name, address, and telephone number of each location
for which a license is sought;

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(3) The name and mailing address authorized by each applicant to
receive all communications and notices required by, authorized by, or for the
purpose of enforcing this chapter;
(4) Proof that each location for which a tobacco product retailer's license
is sought has been issued all necessary state and local licenses and permits for
the operation of the business and for each product sold at each location;
(5) Whether or not an applicant has admitted violating, or has been found
to have violated, this chapter or another local, state, or federal law governing the
sale of tobacco products and, if so, the dates and locations of all such violations
within the previous five (5) years;
(6) A signed affidavit affirming that the applicant has not sold and will not
sell a tobacco product without a license required by this chapter;
(7) Whether the retailer engages in the sale of all tobacco products,
including vapor products, or only non-vapor tobacco products;
(8) Whether the retail location will operate a tobacco product vending
machine, or function as a cigar bar, retail tobacco store, or retail vapor product
store, and proof that the venue meets the definition of those establishments, as
applicable;
(9) A statement by the applicant that the contents of the application are
complete, true, and correct;
(10) The signature of the applicant; and
(11) Such other information as the commission deems necessary for the
administration or enforcement of this chapter as specified on the application form
required by this section.

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(b) All applicants and licensed tobacco product retailers shall inform the
commission in writing of any change in the information submitted on an application for a
tobacco product retailer's license within thirty (30) business days of a change.
(c) Each application for an annual tobacco product retail license must include
payment to the commission a one-time, nonrefundable fee in the amount of two hundred
fifty dollars ($250) when the initial application is submitted for review. A tobacco product
retail license under this section must not be issued until the applicant has paid to the
commission the annual license fee.
(d) Upon the receipt of a complete and adequate application for a tobacco
product retailer license, the commission may approve or deny the application for a
license, or it may delay action for a reasonable period of time to complete an
investigation of the application or the applicant as deemed necessary.
(e) A license shall not be issued to an applicant:
(1) Who has been convicted of a felony under the laws of this state, any
other state, or the United States;
(2) Who has had a state or local license or permit in this state related to
the sale or distribution of tobacco products revoked;
(3) Who is not twenty-one (21) years of age or older;
(4) Who intends to carry on the business authorized by the license as the
agent or on behalf of another;
(5) Who seeks authorization for a tobacco product retailer's license at a
moveable place of business;
(6) Who has not paid fees or penalties resulting from a violation of this
chapter, title 39, chapter 17, part 15, part 16, or part 18, or taxes owed pursuant
to title 67, chapter 4, part 10; or

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(7) Who has a history of noncompliance with federal, state, or local laws,
rules, or regulations relating to the sale of tobacco products, including vapor
products.
(f) A tobacco product retailer who is denied a license may petition for a
redetermination of the commission's denial in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(g) All fees and interest upon proceeds of fees must be used exclusively to fund
the regulation and enforcement of this title. Fees are nonrefundable except as may be
required by law.
(h) The license of a tobacco product retailer must be prominently displayed in a
publicly visible location at the licensed location and on the establishment's website, if
applicable.
57-8-107. License renewal and expiration -- Licenses not transferable.
(a) The fee for the renewal of a tobacco product retailer's license is two hundred
fifty dollars ($250), and must be included with the application for renewal. A tobacco
product retailer's license is invalid if the appropriate fee has not been timely paid in full or
if the term of the license has expired. The term of a tobacco product retailer's license is
one (1) year from the date of issuance.
(b) Each tobacco product retailer shall apply for the renewal of their license and
submit the licensure fee no earlier than sixty (60) days and no later than thirty (30) days
prior to expiration of the current license.
(c) A tobacco product retailer that fails to timely submit a renewal application and
the renewal fee is ineligible for license renewal and must submit a new application
pursuant to this chapter.

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(d) A tobacco product retailer's license is not assignable or transferrable from
one (1) person to another or from one (1) location to another. A person who obtains a
license as a tobacco product retailer who ceases to do business as specified in the
license, who does not commence business within sixty (60) days of the issuance of the
license, or whose license is suspended or revoked, shall immediately surrender the
license to the commission.
(e) A new tobacco product retailer's license is required whenever a retail location
has a change in ownership.
57-8-108. Penalties -- Suspension and revocation -- Hearings.
(a) In addition to any other penalty authorized by law, the commission may
assess a civil penalty of five hundred dollars ($500) and suspend or revoke a tobacco
product retailer's license if the commission finds, based upon a preponderance of the
evidence, after the tobacco product retailer is afforded notice and an opportunity to be
heard, that the tobacco product retailer or its agents or employees:
(1) Have violated this chapter or a rule of the commission; or
(2) Have violated any other local, state, or federal law applicable to the
sale of tobacco products.
(b) If a tobacco product retailer sells or offers for sale a tobacco product to a
person under twenty-one (21) years of age, the commission may assess a civil penalty
of:
(1) For a first violation, two thousand five hundred dollars ($2,500); and
(2) For a second or subsequent violation, twenty thousand dollars
($20,000), and may suspend the license of the retailer for an appropriate period
as determined by the commission.

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(c) A tobacco product retailer is liable for all violations committed by its agent or
employee, and all penalties assessed are the responsibility of the tobacco product
retailer.
(d) All penalties collected must be deposited into the tobacco product
enforcement fund and used exclusively to enforce this chapter and the rules of the
commission.
(e) A penalty of the commission is appealable in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, part 3, within ten (10) days
of receiving notice of the issuance of the penalty. The commission must provide notice
of the issuance of a penalty by United States certified mail, return receipt requested.
57-8-109. Seizure of contraband.
(a)
(1) All tobacco products that are sold or offered for sale in violation of this
chapter or rules of the commission are deemed contraband and may be seized
by the director or the director's employees, officers, or agents without a warrant.
(2) The director or the director's employees, officers, or agents shall give
notice of a seizure to the tobacco product retailer and the person from which the
property was seized. A notice of seizure must be provided by United States
certified mail, return receipt requested, and inform the tobacco product retailer or
person in possession of the right to file a claim for return of the seized property in
accordance with rules of the commission.
(b)
(1) The tobacco product retailer or the person from whom the property
was seized may file a claim for the return of the property with the director within
thirty (30) days of receiving the notice of seizure. If the claim is not timely filed,

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the tobacco product retailer or person forfeits any interest in and right or title to
the property.
(2) Upon receipt of a claim to recover seized property, the director shall
hold a hearing in accordance with the contested case hearing provisions of the
Uniform Administrative Procedures Act, codified in title 4, chapter 5, part 3.
(3) The director shall return the seized property to the tobacco product
retailer or person who filed the claim unless at the hearing the director or the
director's designee finds by a preponderance of the evidence that the tobacco
product retailer or person was not in compliance with this chapter or a rule of the
commission.
(4) The director or the director's designee shall grant or deny the claim
for return of the property by mailing a notice of final determination to the tobacco
product retailer or person who made the claim by United States certified mail,
return receipt requested.
(c) A tobacco product retailer who possessed or offered for sale tobacco
products in violation of this chapter or a rule of the commission is responsible for
reimbursing the costs of transportation, storage, and disposal of the seized property to
the commission.
57-8-110. Age verification -- Signage required.
(a) A tobacco product retailer shall not sell a tobacco product to another person,
regardless of age or appearance of age, without first verifying by means of a
government-issued photo identification card that the recipient is at least twenty-one (21)
years of age.

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(b) A tobacco product retailer operating an age-restricted venue shall also
demand a government-issued photo identification card from a person who enters the
venue at the point of entry regardless of age or appearance of age.
(c) Each licensed tobacco product retailer shall post conspicuously and keep so
posted within six feet (6') of each register where tobacco products are available for
purchase a sign, no smaller than ninety-three and one-half square inches (93 1/2 sq.
in.), stating the following:
STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO
PRODUCTS, INCLUDING VAPOR PRODUCTS, TO PERSONS UNDER THE
AGE OF TWENTY-ONE (21) YEARS. PROOF OF AGE IS REQUIRED.
57-8-111. Delivery sales prohibited.
All sales of tobacco products must be conducted in-person in the licensed
location. It is unlawful for a licensed tobacco product retailer or the retailer's agents or
employees to sell, offer for sale, or deliver a tobacco product to a consumer in a manner
other than an in-person, over-the-counter transaction at the location of the tobacco
product retailer's licensed retail store.
57-8-112. Compliance checks.
(a) Compliance with this chapter and commission rules must be monitored by
the commission.
(b) All licensed premises must be open to inspection by the commission or its
officers, agents, or employees during regular business hours.
(c) The commission shall conduct a compliance check of each licensed tobacco
product retailer's premises at least annually to ensure compliance with this chapter and
the rules of the commission. The commission shall use a lottery system to conduct
licensee compliance checks using a person under twenty-one (21) years of age to

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attempt to purchase a tobacco product at the licensed premises. The commission shall
prescribe by rule the manner in which to conduct a compliance check via the lottery
system and the percentage of licensees that must be checked by lottery each year.
(d) If a licensed tobacco product retailer violates this chapter, a rule of the
commission, or the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor
Products Act, compiled in title 39, chapter 17, part 15, the commission shall conduct an
additional unannounced compliance check within one hundred eighty (180) days after
the violation.
57-8-113. Licensee database.
(a) The commission shall create, maintain, and publish an online database that
lists the active licensed tobacco product retailers. The database must be updated at
least monthly, and must include, but is not limited to, for each licensee:
(1) The business name, address, telephone number, and website, if any;
(2) The license holder, address, and telephone number;
(3) The registered agent's name and address;
(4) The date the first license was issued;
(5) The date the current license was issued;
(6) The expiration date of the current license;
(7) Whether tobacco products or non-vapor tobacco products, or both,
are sold at the retail location;
(8) Whether the retail location will operate a tobacco product vending
machine, or function as a cigar bar, retail tobacco store, or retail vapor product
store; and
(9) The commission may contract with a third-party service provider to
create and maintain the database.

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(b) The commission may, upon request, provide to the department of health, the
office of the attorney general and reporter, a law enforcement agency, and an agency
authorized to enforce or administer federal, state, or local tobacco laws, rules, or
regulations information relating to each licensee operating within the jurisdiction of the
requesting entity. Such information must be prescribed by rule of the commission, and
an entity receiving such information must only use the information in accordance with
rules prescribed by the commission.
57-8-114. Conflicts of law -- Severability.
(a) To the extent that this chapter conflicts with another provision of state law,
this chapter controls. It is the intent of the general assembly that other provisions of
state law that may be given effect remain enforceable, including, but not limited to:
(1) The Prevention of Youth Access to Tobacco, Smoking Hemp, and
Vapor Products Act, compiled in title 39, chapter 17, part 15;
(2) The Children's Act for Clean Indoor Air, compiled in title 39, chapter
17, part 16;
(3) The Non-Smoker Protection Act, compiled in title 39, chapter 17, part
18;
(4) The regulation of tobacco sales and tobacco inspections under title
43, chapter 19; and
(5) Fees, taxes, and penalties collected and assessed under tobacco tax
laws, codified in title 67.
(b) The fees and penalties prescribed by this chapter are in addition to all other
fees and penalties required or assessed under state law, as applicable.
(c) If any provision of this chapter or its application to a person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of this

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chapter that can be given effect without the invalid provision or application, and to that
end, the provisions of this chapter are severable.
SECTION 2. Tennessee Code Annotated, Section 67-4-1029, is amended by deleting
the section.
SECTION 3. For purposes of promulgating rules and carrying out administrative duties
necessary to effectuate this act, this act takes effect upon becoming a law, the public welfare
requiring it. For all other purposes, this act takes effect January 1, 2027, the public welfare
requiring it.