Kentucky lawmakers are considering more legislation to keep tobacco products, such as vapes, away from minors in 2025.
Sen. Jimmy Higdon, R-Lebanon, testified on the topic before the Interim Joint Committee on Licensing, Occupations and Administrative Regulations last week. 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 similar to its authority over alcohol regulations, he added.
“It would give the officers the ability to enter and inspect the premises without a warrant,” Higdon said. “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 added.
The Kentucky General Assembly passed House Bill 11 during the 2024 regular session. The bill 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.
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,” Higdon said.
Two students representing #iCANendthetrend – Philena Ash and Griffin Nemeth – testified alongside Dr. Brit Anderson, vice president of the Kentucky Chapter of the American Academy of Pediatrics, in support of legislation to keep tobacco products away from minors.
“Nicotine has detrimental effects on a developing brain, including diminished impulse control, learning difficulties, problems with attention, and even mood disorders like anxiety and depression,” Anderson said. “… You have the awesome privilege and responsibility of making policy, and tobacco 21-enforcement can change the health trajectory of real children in our state.”
Sen. Donald Douglas, R-Nicholasville, who is also a doctor, said reducing vaping among minors will take more than just legislation.
“No matter what laws we pass, no matter what legislation we pass, unless we get buy-in from our public, from our parents, it won’t make a difference,” he said.
Abbie Gilbert with The Denton Group read a statement to the committee on behalf of the Vapor Technology Association. She said the group believes regulations like the ones in HB 11 from this year are harmful to small businesses and the economy. The group would like the general assembly to delay the HB 11 effective date until after the U.S. Supreme Court has a chance to weigh in on the issue later next year.
The statement said this would “allow time to create regulation which is based on science and help keep small businesses operating in the Commonwealth.”
Sen. Christian McDaniel, R-Ryland Heights, said the legislature wouldn’t be looking to create new regulations on tobacco retailers if “they quit selling to underage kids.”
“(Minors) have absolutely no problem accessing these products in this commonwealth, and until they do, you will find us being more and more and more stringent about this,” McDaniel added.
The Kentucky General Assembly cannot act on legislation until the 2025 legislative session begins on Jan. 7. The Interim Joint Committee on Licensing, Occupations and Administrative Regulations is not scheduled to meet again in 2024.
Information from the Kentucky Legislative Research Commission.
