Bill to require Kentucky tobacco and vape shops to be licensed awaits vote in full Senate, aimed at strengthening Tobacco 21 law
By Melissa Patrick
Kentucky Health News
A bill aimed at putting some “teeth” behind the state’s Tobacco-21 law that prohibits the sale of tobacco products to anyone under 21 years old awaits a hearing on the Senate floor.
Senate Bill 100, sponsored by Sen. Jimmy Higdon, R-Lebanon, would license all retailers who sell tobacco and vape products and give the Kentucky Department of Alcohol Beverage Control inspection and enforcement powers over them, similar to that over alcohol sales. The bill would also allocate a portion of the fines collected from violations to fund youth vaping prevention and cessation programs.
“From my 42 years as a retailer, I firmly believe the only way to control the bad actors in this industry is by licensing all retailers of vape, tobacco and alternative nicotine products. This bill takes a strong step in that direction,” Higdon told the Senate Licensing and Occupations Committee on Tuesday, Feb. 18. “This bill has one purpose, to stop the supply of vapes and cigarettes to underage (people). ”
SB 100 says fines for selling tobacco and vaping products to minors would start at $100 per violation for clerks who sell to minors. Shop owners would get a notice after the first violation. A second offense would fine the clerk $100 and the shop owner $500, and a third offense would result in a $1,000 fine. Retailers would lose their license upon the fourth violation and would not be able to renew it for two years.
“This bill about holding bad actors accountable,” Higdon said. “If you sell without a license, you could go to jail. If you sell to underage individuals, there will be serious financial and legal consequences.”
Before Higdon spoke, Delanie Crump, a freshman at Boyd County High School in Ashland, testified before the committee in support of the bill, calling for stronger enforcement of the Tobacco 21 law.
“Imagine this: A middle schooler, just 12 years old, trying a vape for the first time because it tastes like candy. . . . They don’t see the addiction coming, but it grabs hold of them anyway. By high school, they’re hooked. This isn’t just a hypothetical. It’s happening in every classroom, every neighborhood, in every state in our nation,” she said.
About 17% of Kentucky adults smoke compared to 11% nationally. In Kentucky, 5% of high school students smoke and almost 20% use e-cigarettes, according to the Campaign for Tobacco-Free Kids.
Griffin Nemeth, a youth advisory board coordinator for #icanendthetrend, told the committee that Kentucky is one of only 10 states that does not license its tobacco and vape retailers.
The bill is posted in the Senate’s “orders of the day” for bills awaiting a floor vote. Four floor amendments have been filed to SB 100.