AN ACT relating to tobacco, nicotine, or vapor product licensure.
What changed between versions
The bill title and scope were expanded from 'products containing nicotine' to 'tobacco, nicotine, or vapor product licensure' to cover a broader range of products.
The definition of 'Alternative nicotine product' was updated to exclude products regulated as drugs or devices by the FDA under Chapter V of the Food, Drug, and Cosmetic Act.
The definition of 'Authorized vapor product' was changed to 'Authorized nicotine vapor product' and the criteria for authorization were restructured to include FDA authorization, safe harbor certification, or timely pursuit of a path to market for tobacco-derived nicotine products.
The definition of 'Safe harbor certification' was reorganized and clarified to include specific conditions for FDA review status, marketing denial orders, and marketing granted orders.
The definition of 'Investigator' was updated to specify that investigators must be certified peace officers.
The definition of 'Distributor' was expanded to include 'wholesaler' and now covers distribution of alternative nicotine products, tobacco products, and authorized nicotine vapor products.
The definition of 'Nonresident wholesaler' was updated to reference Kentucky cigarette tax evidence and reporting requirements.
The definition of 'Resident wholesaler' was updated to specify that at least 75% of tobacco products purchased must be from the cigarette manufacturer with unpaid Kentucky cigarette tax.
The definition of 'Retailer' was updated to clarify that sales are for any purpose other than resale, with minor formatting changes.
The definition of 'Tobacco noncompliance database and reporting system' was updated to reference KRS 438.307 instead of Section 16 of this Act.
The definition of 'Tobacco product' was updated to align with the federal Tobacco Control Act, Pub. L. No. 111-31.