Kentucky lawmakers are considering more legislation to keep tobacco products, like vapes, away from minors, during the 2025 regular session of the General Assembly.
Sen. Jimmy Higdon, R-Lebanon, testified on the topic before the legislature’s Interim Joint Committee on Licensing, Occupations and Administrative Regulations on Tuesday. He’s drafting a bill to implement more regulations on tobacco retailers.
“Under this proposed legislation, we would license everyone in the state of Kentucky that sold vapes or tobacco products, and it would give ABC enforcement authority over those institutions,” Higdon said.
The Alcoholic Beverage Control’s (ABC) regulatory authority would be like its authority over alcohol regulations, he noted. “It would give the office the ability to enter and inspect the premises without a warrant. It would also give the ability to confiscate evidence of criminal activity.”
Stricter fines and penalties for tobacco retailers who violate the law would be established under Higdon’s bill. Unpaid fines would keep a business from renewing its license until the fees are paid, he said. If a business loses its license, it will not be able to reapply for two years.
“The first offense for retailers selling to a minor would be paid by the clerk who sold the product,” Higdon said. “Fines that happened after that first offense, that would be a fine on the retailer.”
The legislation will also recommend allocating a portion of the fines to programs that educate youth on the dangers of vaping, Higdon told the panel.
The Kentucky General Assembly passed House Bill 11 during the 2024 session, which aligns state law with FDA regulations regarding the sale of tobacco products. Specifically, it prohibits the sale of tobacco products to individuals under the age of 21. It also creates penalties for retailers who violate the restrictions. The bill goes into effect Jan. 1, 2025.
Higdon said his proposed legislation would give the ABC “some more teeth” to take down those who continue to break the law by selling tobacco products to minors. “We have a lot of great retailers in the state that follow the law every single day of the year, and we have some bad actors that we need to deal with.”
The Kentucky General Assembly cannot act on legislation until the 2025 session begins on Jan. 7.
(Photo: Sen. Jimmy Higdon, R-Lebanon, courtesy of Kentucky Today)
By Tom Latek, Kentucky Today
