HB962: Hemp; products intended for smoking.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-371.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-371.2. Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age.
A. No person shall sell to, distribute to, purchase for, or
knowingly permit the purchase by any person less than 21 years of age, knowing
or having reason to believe that such person is less than 21 years of age, any
tobacco product, nicotine vapor product, or alternative nicotine product,
or hemp product intended for smoking.
Tobacco products, nicotine vapor products, and
alternative nicotine products, and hemp products intended for smoking
may be sold from a vending machine only if the machine is (i) posted with a
notice, in a conspicuous manner and place, indicating that the purchase or
possession of tobacco such products by persons under 21 years of
age is unlawful and (ii) located in a place that is not open to the general
public and is not generally accessible to persons under 21 years of age. An
establishment that prohibits the presence of persons under 21 years of age
unless accompanied by a person 21 years of age or older is not open to the
general public.
B. No person less than 21 years of age shall attempt to
purchase, purchase, or possess any tobacco product, nicotine vapor product,
or alternative nicotine product, or hemp product intended for smoking.
The provisions of this subsection shall not be applicable to the possession of
tobacco products, nicotine vapor products, or alternative nicotine
products, or hemp products intended for smoking by a person less than 21
years of age making a delivery of tobacco products, nicotine vapor products,
or alternative nicotine products, or hemp products intended for smoking
in pursuance of his employment. This subsection shall not apply to purchase,
attempt to purchase, or possession by a law-enforcement officer or his agent
when the same is necessary in the performance of his duties.
C. No person shall sell a tobacco product, nicotine vapor
product, or alternative nicotine product, or hemp product intended
for smoking to any individual who does not demonstrate, by producing a
driver's license or similar photo identification issued by a government agency,
that the individual is at least 21 years of age. Such identification is not
required from an individual whom the person has reason to believe is at least
21 years of age or who the person knows is at least 21 years of age. Proof that
the person demanded, was shown, and reasonably relied upon a photo
identification stating that the individual was at least 21 years of age shall
be a defense to any action brought under this subsection. In determining
whether a person had reason to believe an individual is at least 21 years of
age, the trier of fact may consider, but is not limited to, proof of the
general appearance, facial characteristics, behavior, and manner of the
individual.
This subsection shall not apply to mail order or Internet
sales, provided that the person offering the tobacco product, nicotine vapor
product, or alternative nicotine product, or hemp product intended
for smoking for sale through mail order or the Internet (i) prior to the
sale of the tobacco product, nicotine vapor product, or alternative nicotine
product, or hemp product intended for smoking verifies that the
purchaser is at least 21 years of age through a commercially available database
that is regularly used by businesses or governmental entities for the purpose
of age and identity verification and (ii) uses a method of mailing, shipping, or
delivery that requires the signature of a person at least 21 years of age
before the tobacco product, nicotine vapor product, or alternative
nicotine product, or hemp product intended for smoking will be released
to the purchaser.
D. The provisions of subsections B and C shall not apply to
the sale, giving, or furnishing of any tobacco product, nicotine vapor product,
or alternative nicotine product, or hemp product intended for smoking
to any active duty military personnel who are 18 years of age or older. An
identification card issued by the Armed Forces of the United States shall be
accepted as proof of age for this purpose.
E. A violation of subsection A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution, or purchase of a bidi is punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi.
A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C.
F. 1. Cigarettes and hemp products intended for smoking
shall be sold only in sealed packages provided by the manufacturer, with the
required health warning. The proprietor of every retail establishment that
offers for sale any tobacco product, nicotine vapor product, or
alternative nicotine product, or hemp product intended for smoking shall
post in a conspicuous manner and place a sign or signs indicating that the sale
of tobacco products, nicotine vapor products, or alternative nicotine
products, or hemp products intended for smoking to any person under 21
years of age is prohibited by law. Any attorney for the county, city, or town
in which an alleged violation of this subsection occurred may enforce this
subsection by civil action to recover a civil penalty not to exceed $50. The
civil penalty shall be paid into the local treasury. No filing fee or other fee
or cost shall be charged to the county, city, or town which instituted the
action.
2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
3. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
G. Nothing in this section shall be construed to create a private cause of action.
H. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
I. As used in this section:
"Alternative nicotine product" means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. "Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
"Hemp product" means the same as that term is defined in § 3.2-4112.
"Nicotine vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. "Nicotine vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Nicotine vapor product" does not include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Tobacco product" means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings. "Tobacco product" does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-371.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-371.2. Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age.
A. No person shall sell to, distribute to, purchase for, or
knowingly permit the purchase by any person less than 21 years of age, knowing
or having reason to believe that such person is less than 21 years of age, any
tobacco product, nicotine vapor product, or alternative nicotine product,
or hemp product intended for smoking.
Tobacco products, nicotine vapor products, and
alternative nicotine products, and hemp products intended for smoking
may be sold from a vending machine only if the machine is (i) posted with a
notice, in a conspicuous manner and place, indicating that the purchase or
possession of tobacco such products by persons under 21 years of
age is unlawful and (ii) located in a place that is not open to the general
public and is not generally accessible to persons under 21 years of age. An
establishment that prohibits the presence of persons under 21 years of age
unless accompanied by a person 21 years of age or older is not open to the
general public.
B. No person less than 21 years of age shall attempt to
purchase, purchase, or possess any tobacco product, nicotine vapor product,
or alternative nicotine product, or hemp product intended for smoking.
The provisions of this subsection shall not be applicable to the possession of
tobacco products, nicotine vapor products, or alternative nicotine
products, or hemp products intended for smoking by a person less than 21
years of age making a delivery of tobacco products, nicotine vapor products,
or alternative nicotine products, or hemp products intended for smoking
in pursuance of his employment. This subsection shall not apply to purchase,
attempt to purchase, or possession by a law-enforcement officer or his agent
when the same is necessary in the performance of his duties.
C. No person shall sell a tobacco product, nicotine vapor
product, or alternative nicotine product, or hemp product intended
for smoking to any individual who does not demonstrate, by producing a
driver's license or similar photo identification issued by a government agency,
that the individual is at least 21 years of age. Such identification is not
required from an individual whom the person has reason to believe is at least
21 years of age or who the person knows is at least 21 years of age. Proof that
the person demanded, was shown, and reasonably relied upon a photo
identification stating that the individual was at least 21 years of age shall
be a defense to any action brought under this subsection. In determining
whether a person had reason to believe an individual is at least 21 years of
age, the trier of fact may consider, but is not limited to, proof of the
general appearance, facial characteristics, behavior, and manner of the
individual.
This subsection shall not apply to mail order or Internet
sales, provided that the person offering the tobacco product, nicotine vapor
product, or alternative nicotine product, or hemp product intended
for smoking for sale through mail order or the Internet (i) prior to the
sale of the tobacco product, nicotine vapor product, or alternative
nicotine product, or hemp product intended for smoking verifies that the
purchaser is at least 21 years of age through a commercially available database
that is regularly used by businesses or governmental entities for the purpose
of age and identity verification and (ii) uses a method of mailing, shipping,
or delivery that requires the signature of a person at least 21 years of age
before the tobacco product, nicotine vapor product, or alternative
nicotine product, or hemp product intended for smoking will be released
to the purchaser.
D. The provisions of subsections B and C shall not apply to
the sale, giving, or furnishing of any tobacco product, nicotine vapor product,
or alternative nicotine product, or hemp product intended for smoking
to any active duty military personnel who are 18 years of age or older. An
identification card issued by the Armed Forces of the United States shall be
accepted as proof of age for this purpose.
E. A violation of subsection A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution, or purchase of a bidi is punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi.
A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C.
F. 1. Cigarettes and hemp products intended for smoking
shall be sold only in sealed packages provided by the manufacturer, with the
required health warning. The proprietor of every retail establishment that
offers for sale any tobacco product, nicotine vapor product, or
alternative nicotine product, or hemp product intended for smoking shall
post in a conspicuous manner and place a sign or signs indicating that the sale
of tobacco products, nicotine vapor products, or alternative nicotine
products, or hemp products intended for smoking to any person under 21
years of age is prohibited by law. Any attorney for the county, city, or town
in which an alleged violation of this subsection occurred may enforce this
subsection by civil action to recover a civil penalty not to exceed $50. The
civil penalty shall be paid into the local treasury. No filing fee or other fee
or cost shall be charged to the county, city, or town which instituted the
action.
2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
3. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
G. Nothing in this section shall be construed to create a private cause of action.
H. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
I. As used in this section:
"Alternative nicotine product" means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. "Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
"Hemp product" means the same as that term is defined in § 3.2-4112.
"Nicotine vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. "Nicotine vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Nicotine vapor product" does not include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Tobacco product" means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings. "Tobacco product" does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.
HOUSE BILL NO. 962
Be it enacted by the General Assembly of Virginia:
1. That §§ 3.2-4112 and 18.2-371.2 of the Code of Virginia are amended and reenacted as follows:
§ 3.2-4112. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Cannabis sativa product" means a product made from any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law.
"Deal" means to buy industrial hemp grown in compliance with state or federal law and to sell such industrial hemp to a person who (i) processes industrial hemp in compliance with state or federal law or (ii) sells industrial hemp to a person who processes industrial hemp in compliance with state or federal law.
"Dealer" means any person who is registered pursuant to subsection A of § 3.2-4115 to deal in industrial hemp. "Dealer" does not include (i) a grower, (ii) a processor, or (iii) any person who buys industrial hemp for personal use or retail sale in Virginia.
"Dealership" means the location at which a dealer stores or intends to store the industrial hemp in which he deals.
"Grow" means to plant, cultivate, or harvest a plant or crop.
"Grower" means any person registered pursuant to subsection A of § 3.2-4115 to grow industrial hemp.
"Hemp product" means any finished product that is otherwise lawful and that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption. "Hemp product" includes a product intended for smoking.
"Industrial hemp" means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.
"Process" means to convert industrial hemp into a hemp product. "Process" includes to press, cook, dry, cure, extrude, extract, roll, cut, blend, treat, combine with natural or man-made substances or compounds, or otherwise alter a hemp plant from its growing condition.
"Processor" means a person registered pursuant to subsection A of § 3.2-4115 to process industrial hemp.
"Process site" means the location at which a processor processes or intends to process industrial hemp.
"Production field" means the land or area on which a grower is growing or intends to grow industrial hemp.
§ 18.2-371.2. Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age.
A. No person shall sell to, distribute to, purchase for, or
knowingly permit the purchase by any person less than 21 years of age, knowing
or having reason to believe that such person is less than 21 years of age, any
tobacco product, nicotine vapor product, or
alternative nicotine product, or hemp
product intended for smoking.
Tobacco products, nicotine vapor products,
and alternative nicotine products,
and hemp products intended for smoking
may be sold from a vending machine only if the machine is (i) posted with a
notice, in a conspicuous manner and place, indicating that the purchase or
possession of tobacco such products by persons under
21 years of age is unlawful and (ii) located in a place that is not open to the
general public and is not generally accessible to persons under 21 years of
age. An establishment that prohibits the presence of persons under 21 years of
age unless accompanied by a person 21 years of age or older is not open to the
general public.
B. No person less than 21 years of age shall attempt to
purchase, purchase, or possess any tobacco product, nicotine vapor product, or alternative nicotine
product, or hemp product
intended for smoking. The provisions of this subsection
shall not be applicable to the possession of tobacco products, nicotine vapor
products, or
alternative nicotine products, or hemp
products intended for smoking by a person less than 21 years
of age making a delivery of tobacco products, nicotine vapor products, or alternative nicotine
products, or hemp products
intended for smoking in pursuance of his employment. This
subsection shall not apply to purchase, attempt to purchase, or possession by a
law-enforcement officer or his agent when the same is necessary in the
performance of his duties.
C. No person shall sell a tobacco product, nicotine vapor
product, or alternative nicotine
product, or hemp product
intended for smoking to any individual who does not
demonstrate, by producing a driver's license or similar photo identification
issued by a government agency, that the individual is at least 21 years of age.
Such identification is not required from an individual whom the person has
reason to believe is at least 21 years of age or who the person knows is at
least 21 years of age. Proof that the person demanded, was shown, and
reasonably relied upon a photo identification stating that the individual was
at least 21 years of age shall be a defense to any action brought under this
subsection. In determining whether a person had reason to believe an individual
is at least 21 years of age, the trier of fact may consider, but is not limited
to, proof of the general appearance, facial characteristics, behavior, and
manner of the individual.
This subsection shall not apply to mail order or Internet
sales, provided that the person offering the tobacco product, nicotine vapor
product, or alternative nicotine product for sale through mail order or the
Internet (i) prior to the sale of the tobacco product, nicotine vapor product, or alternative nicotine
product, or hemp product
intended for smoking verifies that the purchaser is at
least 21 years of age through a commercially available database that is
regularly used by businesses or governmental entities for the purpose of age
and identity verification and (ii) uses a method of mailing, shipping, or
delivery that requires the signature of a person at least 21 years of age
before the tobacco product, nicotine vapor product,
or alternative nicotine product,
or hemp product intended for smoking
will be released to the purchaser.
D. The provisions of subsections B and C shall not apply to
the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine
product, or hemp product
intended for smoking to any active duty military personnel
who are 18 years of age or older. An identification card issued by the Armed
Forces of the United States shall be accepted as proof of age for this purpose.
E. A violation of subsection A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.
A violation of subsection A or C by an individual or by a separate retail establishment that involves the sale, distribution, or purchase of a bidi is punishable by a civil penalty in the amount of $500 for a first violation, a civil penalty in the amount of $1,000 for a second violation, and a civil penalty in the amount of $2,500 for a third or subsequent violation. Where a defendant retail establishment offers proof that it has trained its employees concerning the requirements of this section, the court shall suspend all of the penalties imposed hereunder. However, where the court finds that a retail establishment has failed to so train its employees, the court may impose a civil penalty not to exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi.
A violation of subsection B is punishable by a civil penalty not to exceed $100 for a first violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to 20 hours of community service for a first violation of subsection B and up to 40 hours of community service for a second or subsequent violation. If the defendant fails or refuses to complete the community service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Any attorney for the Commonwealth of the county or city in which an alleged violation occurred may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any law-enforcement officer may issue a summons for a violation of subsection A, B, or C.
F. 1. Cigarettes and hemp
products intended for smoking shall be sold only in sealed
packages provided by the manufacturer, with the required health warning. The
proprietor of every retail establishment that offers for sale any tobacco
product, nicotine vapor product, or
alternative nicotine product, or hemp
product intended for smoking shall post in a conspicuous
manner and place a sign or signs indicating that the sale of tobacco products,
nicotine vapor products, or
alternative nicotine products, or hemp
products intended for
smoking to any person under 21 years of age is prohibited
by law. Any attorney for the county, city, or town in which an alleged
violation of this subsection occurred may enforce this subsection by civil
action to recover a civil penalty not to exceed $50. The civil penalty shall be
paid into the local treasury. No filing fee or other fee or cost shall be
charged to the county, city, or town which instituted the action.
2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health Services Administration published at 61 Federal Register 1492, the Department of Agriculture and Consumer Services may promulgate regulations which allow the Department to undertake the activities necessary to comply with such regulations.
3. Any attorney for the county, city, or town in which an alleged violation of this subsection occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted the action.
G. Nothing in this section shall be construed to create a private cause of action.
H. Agents of the Virginia Alcoholic Beverage Control Authority designated pursuant to § 4.1-105 may issue a summons for any violation of this section.
I. As used in this section:
"Alternative nicotine product" means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. "Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product regulated as a drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as a bidi or beedie.
"Hemp product intended for smoking" means a hemp product, as defined in § 3.2-4112, that is intended for smoking.
"Nicotine vapor product" means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. "Nicotine vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Nicotine vapor product" does not include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Tobacco product" means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings. "Tobacco product" does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.