Tackling Tobacco: February 2024 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
HAWAII
Honolulu — A bill that increases the cigarette tax from $3.20 to $3.60 per pack passed the state House Finance Committee.
IOWA
Des Moines — Members of a subcommittee of the state legislature's Ways & Means Committee approved a bill requiring vapor product manufacturers to certify with the state that their product has either received marketing authorization from the U.S. Food and Drug Administration (FDA) or the manufacturer has submitted a premarket tobacco product application (PMTA) for the vapor product that was marketed as of Aug. 8, 2016, to the FDA on or before Sept. 9, 2020, and the application remains under review by the agency or in appeal.
The bill also states that, beginning Oct. 1, the sale of any vapor product not listed in the directory is prohibited. Retailers, wholesalers and manufacturers would also be subject to penalties for selling unlisted products.
KANSAS
Topeka — The Kansas House Federal and State Affairs Committee is reviewing a bill that would require vapor product manufacturers to certify with the state that they have either received marketing authorization from the FDA or the vapor product was marketed in the U.S. as of Aug. 8, 2016, and the manufacturer has submitted a PMTA to the FDA on or before Sept. 9, 2020. Beginning Nov. 1, 2024, the directory of all certified vapor products would become public and would prohibit the sale of any vapor product not included in the directory beginning Jan. 1, 2025.
[Read more: Tackling Tobacco: January 2024 Legislative & Regulatory Roundup]
KENTUCKY
Frankfort —The state House Education Committee approved a bill that would ban the use of tobacco and vapor products in Kentucky schools. It will require schools to confiscate any tobacco or nicotine from students, and schools would be required to discipline students on a second offense. The full Kentucky House of Representatives is now considering the bill.
MAINE
Hallowell — City officials in Hallowell voted to end the sale of flavored tobacco, becoming the state's seventh municipality to do so, following Bangor, Bar Harbor, Brunswick, Falmouth, Portland and South Portland. An effort to ban flavored tobacco at a statewide level is currently making its way through the Health and Human Services Committee in the state House of Representatives.
MARYLAND
Annapolis — The state House Ways and Means Committee heard a bill that would increase the cigarette tax from $3.75 to $4.50 per pack (which includes a floor tax as of July 1, 2024).
Baltimore — The Baltimore City Council passed a bill that would prohibit all tobacco and nicotine use at stadiums across the city. Those caught violating the new rule could be fined up to $500 per instance. The move would make Baltimore the 17th Major League Baseball city to ban tobacco products. If Mayor Brandon Scott signs the bill, it will go into effect 30 days later.
WYOMING
Cheyenne — Members of the Wyoming State Senate passed a bill that would require vapor product manufacturers to certify with the state that the manufacturer has either received marketing authorization for their product from the FDA or the vapor product was marketed in the U.S. as of Aug. 8, 2016, and the manufacturer has submitted a PMTA to the FDA before Sept. 9, 2020, that is awaiting final ruling by the agency. This bill also requires the state to make the directory publicly available by Oct. 1, 2024, and prohibits the sale of any vapor product not listed in the directory.
The bill is now before the state House of Representatives for consideration.