Sen. Jimmy Higdon, R-Lebanon, filed a bill, which passed the Senate, to add harsher penalties for retailers who sell vaping products to minors. (Kentucky Lantern photo by Sarah Ladd)
FRANKFORT — Kentucky’s Senate is moving to add harsher penalties for retailers who sell vaping products to minors.
Sen. Jimmy Higdon, R-Lebanon’s Senate Bill 100 passed 33-3 on Wednesday. The three who voted against it — Sens. Robby Mills, Aaron Reed and Lindsey Tichenor — are all Republican.
The legislation would license all retailers who sell tobacco and vape products, giving the Kentucky Department of Alcoholic Beverage Control inspection and enforcement powers over them, similar to those it exercises over alcohol retailers.
“This bill has teeth,” Higdon said on the Senate floor. It’s “not aimed at responsible retailers who follow rules,” he said, and is aimed at “protecting our youth.”
The bill would also fine retailers who sell to minors, and revoke their licenses on their fourth violation. Clerks who sell to minors would be fined $100 per violation. Shop owners would receive a notice after the first violation then be fined $500 on the second offense and then $1,000. Upon a fourth violation, retailers would lose their license and not be able to renew it for two years.
Fine money will be split between enforcement expenses and youth prevention programs.
Smoking is a leading cause of preventable death across the country, according to the Association of American Medical Colleges. In Kentucky, smoking and lung cancer rates exceed those in the rest of the nation.
About 17% of Kentucky adults smoke compared to 11% nationally. In Kentucky, 5% of high school students smoke and almost 20% use e-cigarettes, according to The Campaign for Tobacco-Free Kids. Smoking costs the state more than $2 billion every year in health complications, according to the campaign.
Under Higdon’s bill, retailers who operate without a license would face criminal charges: the first offence would be a Class B misdemeanor, followed by a Class A misdemeanor. The third and subsequent offenses would be Class D felonies.
The bill “is about holding the bad actors accountable,” Higdon said. “If you sell without a license, you will face serious consequences. If you sell to underage individuals, there will be financial and legal consequences.”
The bill now goes to the House for committee consideration.
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