Sponsor: Bustos

Bill Numbers: HR4629

Proposal: Imposes user fees on certain tobacco products.

Status: 7/22/21-Introduced and Referred to the House Committee on Energy and Commerce

Sponsor: Jeffries

Bill Numbers: HR2471

Proposal: Grants the FDA authority to regulate synthetic nicotine products.

Status: 3/15/22-Signed by the President

Sponsor: Rubio

Bill Numbers: SB438

Proposal: Amends the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars

Status: 2/24/21-Introduced and referred to the Senate Health, Education, Labor, and Pensions Committee

Sponsor: Shaheen

Bill Numbers: SB2445

Proposal: Imposes user fees on certain tobacco products.

Status: 7/22/21-Introduced, read twice, and referred to the Committee on Health, Education, Labor, and Pensions

Issue: Taxes

Bill Number: SB45 (2021)

Proposal: As amended, imposes a tax on electronic smoking products (including e-liquid) at the rate of 35% of the wholesale price; Increases the minimum purchase age for tobacco and vapor products to 21 years of age. Amended version includes provisions prohibiting the distribution of flavored electronic smoking products and any electronic smoking product that is not clearly recognizable as a tobacco product.

Current Status: 5/18/22-Eligible for Governor after the Senate concurred with House amendments

Issue: Taxes

Bill Number: HB110

Proposal: Imposes a tax on electronic smoking products (including e-liquid) at the rate of 75% of the wholesale price; Increases the minimum purchase age for tobacco and vapor products to 21 years of age

Current Status: 3/9/22—Committee Hearing held

Issue: Licensing

Bill Number: HB2125

Proposal: Requires a state tobacco retail license administered by the Department of Health Services and allows local jurisdictions to regulate tobacco products

Current Status: 3/25/22-died by rule

Issue: Licensing

Bill Number: SB1245

Proposal: Requires a state tobacco retail license administered by the Department of Liquor Licenses and Control and preempts local jurisdictions regulation of tobacco product sales with some exceptions

Current Status: 3/25/22-died by rule

Issue: Advertising

Bill Number: SB1583

Proposal: Prohibits billboard advertising of electronic smoking devices within 1000 feet of schools and playgrounds

Current Status: 2/18/22-died by rule

Issue: Retail Provisions

Bill Number: SB491

Proposal: Adds violations of restrictions on nitrous oxide to the list of reasons to deny, revoke or suspend a tobacco retailer license

Current Status: Carryover from 2021

Issue: Preemption

Bill Number: AB422

Proposal: Authorizes local jurisdictions to adopt ordinances prohibiting persons under 21 from possessing tobacco products

Current Status: 1/31/22-died per Constitution

Issue: Flavors

Bill Number: AB598

Proposal: Requires the Attorney General to maintain a list of tobacco product brand styles that lack a characterizing flavor

Current Status: 1/31/22-died per Constitution

Issue: Single Use

Bill Number: AB1690

Proposal: Effective January 1, 2024, bans the sale of single use e-cigarette devices, except those with FDA marketing orders

Current Status: 5/16/22- ordered to the inactive file at the request of the sponsor

Issue: Flavor Ban

Bill Number: HB1064

Proposal: As amended, prohibits the sale and distribution of all flavored cigarettes, tobacco products and nicotine products. The ban also includes flavored synthetic nicotine products. Current version also exempts hookah and premium cigars.

Current Status: 5/10/22-Failed in the Senate Appropriations Committee

Issue: Flavor Ban (ENDS) with Nicotine Cap

Bill Number: SB139

Proposal: Prohibits the sale of flavored ENDS
vapor products (excludes modified risk products as determined by the U.S. Secretary of Health and Human Services); caps nicotine content at 35 mg
ml; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.

Current Status: 2/22/22 Referred to the Joint Public Health Committee

4/1/22 Failed Joint and Favorable deadline

Issue: Flavor Ban (ENDS) with Nicotine Cap

Bill Number: SB367

Proposal: Prohibits the sale of flavored ENDS
vapor products; caps nicotine content at 35 mg
ml for all ENDS and vapor products; requires dealers to maintain documentation of nicotine content and increases penalties for sales violations.
As amended in committee—prohibits the sale of unflavored and flavored ENDS
vapor products (except in an “adult only retail store” defined as age 21 restricted) and increases penalties for tobacco-related sales violations

Current Status: 5/4/22 Failed—not called for a vote before adjournment—General Assembly adjourned sine die

Issue: Taxes (rate reduction)

Bill Number: SB131

Proposal: Reduces the tax rate on premium cigars from 30% to 15% of the wholesale price

Current Status: 6/15/21 Passed the Senate (carried over to 2022)

6//16/21 Referred to the House Committee on Revenue and Finance

4/13/22 Committee hearing—reported without recommendation

4/14/22 Referred to the House Committee on Appropriations

Issue: Preemption

Bill Number: HB6081

Proposal: Repeals the state preemption on the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco and nicotine products.

Current Status: Failed due to adjournment

Issue: Preemption

Bill Number: SB1022

Proposal: Repeals the state preemption on the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco and nicotine products.

Current Status: Failed due to adjournment

Issue: Taxes

Bill Number: HB394

Proposal: Increases the cigarette tax by $1.50 per pack, increases the OTP tax to 39% of wholesale (includes cigars, loose and smokeless tobacco) and changes the vapor tax to the OTP rate of 39% of wholesale

Current Status: 4/4/22 Failed on adjournment

Issue: Taxes

Bill Number: HB670

Proposal: Increases the cigarette tax by $2.00 per pack of 20, increases the OTP tax to 40% of wholesale (includes cigars, loose and smokeless tobacco) and changes the vapor tax to the OTP rate of 40% of wholesale

Current Status: 4/4/22 Failed on adjournment

Issue: Vapor Products

Bill Number: SB572

Proposal: Relates to the sale of vapor products (defines illicit vapor products, requires manufacturers to deliver an attestation to the state AG certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA (amended in committee to delay the implementation date).

Current Status: 4/4/22 Failed on adjournment

Issue: Cigar Tax Cap

Bill Number: HB121
SB177
HB868

Proposal: Caps the tax on large cigars at $0.50

Current Status: 2/17/22-died by rule

Issue: Taxes

Bill Number: HB476

Proposal: New tax on e-liquids of 70% of the wholesale price; reduces taxes on any product the FDA has determined to be “modified risk” by 50%, effective 7
1
2060

Current Status: 3/24/22-died by rule

Issue: Taxes

Bill Number: HB1661

Proposal: New tax on e-liquids of 70% of the wholesale price; reduces taxes on any product the FDA has determined to be “modified risk” by 50%

Current Status: 2/17/22-died by rule

Issue: Taxes,
Flavor Ban

Bill Number: SB63

Proposal: Prohibits sale of flavored vapor products; new tax on e-liquids of 70%

Current Status: 2/17/22-died by rule

Issue: Taxes

Bill Number: SB138
SB511

Proposal: Increases cigarette tax by an unspecified amount

Current Status: 2/17/22-died by rule

Issue: Taxes,
Flavor Ban

Bill Number: HB993
SB621
SB1147

Proposal: Bans the sale of flavored tobacco products (except menthol); new tax on vapor products of 70% of wholesale price, effective 1
1
2050

Current Status: HB993-2/17/22-died by rule

SB621-2/17/22-died by rule

SB1147-3/23/22-died by rule

Issue: Taxes

Bill Number: HB630
SB894
HB1925

Proposal: New tax of 20% of the wholesale price on electronic smoking devices and $0.10 per milliliter on e-liquids

Current Status: 2/17/22-died by rule

Issue: Taxes,
Flavor Ban

Bill Number: HB1328

Proposal: Prohibits the sale of flavored vapor products; new tax on vapor products of 70% of wholesale price; retail tax of 70% on electronic smoking devices

Current Status: 2/17/22-died by rule

Issue: Taxes

Bill Number: HB1329

Proposal: Includes heat-not-burn products in the definition of electronic smoking devices; new tax on electronic smoking devices of 70% of wholesale price

Current Status: 2/17/22-died by rule

Issue: Taxes,
Flavor Ban

Bill Number: HB826

Proposal: Prohibits sale of flavored vapor products (except menthol), prohibits sale of tobacco; new tax on e-cigarettes of 70% of wholesale price; new retail tax of 70% of the retail price on electronic cigarette devices

Current Status: 4/29/22-died by rule

Issue: Retail Provisions

Bill Number: SB1398

Proposal: Prohibits retailers from requiring customers who have clearly reached minimum age to disclose their date of birth

Current Status: 2/17/22-died by rule

Issue: Flavor Ban

Bill Number: HB992
SB1146
HB1698
SB2037
SB2563
HB2150

Proposal: Bans the sale of flavored tobacco products

Current Status: 2/17/22-died by rule

Issue: Flavor Ban

Bill Number: SB3118

Proposal: Bans the sale of flavored tobacco products, effective 1
1
2050

Current Status: 3/24/22- died by rule

Issue: Flavor Ban

Bill Number: HB1327

Proposal: Bans the sale of flavored tobacco products, including heat-not-burn products

Current Status: 2/17/22-died by rule

Issue: Flavor Ban

Bill Number: HB1570

Proposal: Beginning January 1, 2023, bans the sale of flavored tobacco products except those having received a marketing order from the FDA

Current Status: 5/3/22-House reconsidered its rejection of the Senate amendments and passed on final reading

5/4/22-transmitted to Governor

Issue: Civil Liability

Bill Number: HB1905

Proposal: Allows citizens suits to enforce their right to breathe air free of cigarette smoke and e-cigarette vapor

Current Status: 2/17/22-died by rule

Issue: Taxes

Bill Number: SB3119
HB2151

Proposal: New tax of 70% of wholesale price on e-cigarette products

Current Status: 2/17/22-died by rule

Issue: Taxes

Bill Number: SB2278

Proposal: New tax of 70% of wholesale price on e-cigarette products (effective 1
1
23)

Current Status: 3/5/22-died by rule

Issue: Taxes

Bill Number: HB2389

Proposal: May increase cigarette taxes

Current Status: 2/17/22-died by rule

Issue: Preemption

Bill Number: SB1285

Proposal: Prohibits any locality from enacting ordinances regulating the marketing or sale of tobacco or vapor products and also prohibits localities from imposing additional taxes or fees on tobacco products or vapor products.

Current Status: 3/23/22-Signed by the Governor; Effective July 1, 2022

Issue: Cigar Tax Cap

Bill Number: HB570/SB3728

Proposal: Prohibits the excise tax on cigars from exceeding 50 cents per cigar

Current Status: Carryover from 2021

HB570: 2/18/22-Re-referred to the Rules Committee



SB3728: 2/10/22-Re-referred to Senate Assignments Committee

Issue: Single Use Filter Ban

Bill Number: SB1724

Proposal: Bans single-use cigarette filters and states that beginning 2 years after the effective date, a cigarette may not utilize a single-use filter containing cellulose acetate, another plastic material, or any non-biodegradable material

Current Status: Carryover from 2021

Issue: Flavor Ban

Bill Number: SB3854

Proposal: Prohibits the sale of all flavored tobacco and vapor products (includes tobacco and menthol in the definition of “characterizing flavor”). The proposed ban also applies to synthetic nicotine products, zero nicotine products, and disposables.

Current Status: 2/10/22-Re-referred to Senate Assignments Committee

Issue: Flavor Ban

Bill Number: SB699

Proposal: Prohibits the sale of flavored tobacco products (exempts menthol, mint, and wintergreen) and specifies that the Act does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access of tobacco products, alternative nicotine products, or solutions or substances intended for use with electronic cigarettes.

Current Status: Carryover from 2021

Issue: Flavor Ban

Bill Number: SB2282 / HB4050

Proposal: Prohibits the sale of flavored electronic cigarettes (exempts the flavors of tobacco and menthol).

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: SB540

Proposal: States that nothing prohibits a home rule municipality that imposed a tax based on the number of units of cigarettes or other tobacco products before July 1, 1993, from imposing a tax on either the number of units of cigarettes or other tobacco products or both, on or after July 1, 1993

Current Status: Carryover from 2021

Issue: Licensing

Bill Number: HB3146

Proposal: Regulates the licensing for retailers of vapor products.

Current Status: Carryover from 2021

Issue: Nicotine Content

Bill Number: HB2579

Proposal: Prohibits electronic cigarettes from containing more than 25 milligrams per milliliter of nicotine.

Current Status: Carryover from 2021

Issue: Flavor Ban

Bill Number: HB1379

Proposal: Prohibits the sale of flavored tobacco products (including cigarettes) and flavored e-liquid—no exemption for menthol

Current Status: 1/11/22 First reading and referred to the House Public Policy Committee

3/8/21Failed on adjournment—legislature adjourned sine die

Issue: Un-stamped cigarettes

Bill Number: SB86

Proposal: Increases the penalty for a person who transports cigarettes which do not bear an Indiana tax stamp over Indiana state highways and fails to carry invoices or delivery tickets for the cigarettes to a level 6 felony

Current Status: 1/4/22 Introduced and referred to the Senate Committee on Corrections and Criminal Law

3/8/21Failed on adjournment—legislature adjourned sine die

Issue: Cigar Tax Cap

Bill Number: SB359

Proposal: Caps the tax on cigars with a wholesale price exceeding $3.00 per cigar at $.72 each.

Current Status: 1/10/22 Introduced and referred to the Senate Committee on Tax and Fiscal Policy

3/8/21Failed on adjournment—legislature adjourned sine die

Issue: Taxes

Bill Number: SB382

Proposal: Omnibus Tax Bill—includes the following: taxes alternative nicotine products, as defined, at $0.40 per ounce; taxes closed system cartridges at 15% of the wholesale price; requires remote sellers, as defined, to be licensed and subject to tobacco taxes

Current Status: 3/8/22 Conference Committee report adopted—bill passed—legislature adjourned sine die

3/15/22 Signed by the Governor

Issue: Vape Tax

Bill Number: H98

Proposal: Redefine tobacco products to include vapor products, thus imposing the OTP excise tax of 50% of the wholesale sales price on vapor products

Current Status: 2/23/22 Passed from the House Committee on State Government

Issue: ANP / Vape Tax

Bill Number: HF2523 (successor to HF98)

Proposal: Redefines tobacco products to include ANPs and vapor products, with a tax rate of 22% of the wholesale price

Current Status: 2/23/22 Introduced and referred to the House Committee on Ways and Means

Issue: Taxes

Bill Number: H733

Proposal: Increases the state tax on cigarettes and little cigars by 50 cents per pack, raises the tax on other tobacco products to 55.6% of the wholesale price, modifies the taxation rate on moist snuff to apply the increased OTP tax and eliminates the cigar tax cap of 50 cents per cigar.

Current Status: 3/3/21- Introduced and sent to House Ways and Means Committee (carried over to 2022)

Issue: Taxes

Bill Number: HB2428

Proposal: Increases the tax on cigarettes by $1.50 per pack and raises the excise tax on tobacco products an additional 44% of the wholesale sales price.

Current Status: Carryover from 2021

Issue: Flavor Ban

Bill Number: HB2061

Proposal: Prohibits the sale of flavored vapor products (exempts tobacco and menthol

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: HB190

Proposal: Increases the surtax on cigarettes by $6.00 per pack (from $1.06 to $7.06 per pack). Increases the excise tax on snuff by $6.00 per 1.5 ounces (from 19 cents to $6.19 per 1.5 ounces). Increases the excise tax on chewing tobacco by $6.00 per each single unit (from 19 cents to $6.19 per single unit). Increases the excise tax on tobacco products by 70% of the actual price (from 15% to 85% of the actual price). Increases the excise tax on closed vapor cartridges by $6.00 per cartridge (from $1.50 to $7.50 per cartridge). Increases the excise tax on closed vaping systems by 70% of the actual price for which the distributor sells the product (from 15% to 85% of the actual price). Imposes a floor stock tax.

Current Status: 4/14/22 Failed on adjournment

Issue: Taxes

Bill Number: HB201

Proposal: Increases taxes: cigarettes by $.50 per pack, snuff to $.51 per unit (1.5 oz), chewing tobacco to $.51 per single unit
$1.07 for half-pound unit
$1.73 for one-pound unit and tobacco products (including vapor products) to 40% of the distributor sales price; removes the discount for modified risk tobacco products; includes a floor tax

Current Status: 4/14/22 Failed on adjournment

Issue: Local Authority

Bill Number: SB166

Proposal: Permits a city, county, urban-county government, charter county government, consolidated local government, or unified local government to impose restrictions or requirements on the use, display, sale, or distribution of tobacco products or vapor products that are stricter than those imposed under state law.

Current Status: 4/14/22 Failed on adjournment

Issue: Taxes

Bill Number: LD1423 / H.P. 1039

Proposal: Increases the cigarette tax from $2.00 per 20 pack to $4.00 per 20 pack. By law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes. Amended to change the discount rate to 0.575% on tax stamps with face value of 200 mills
Amended—tax language removed

Current Status: 5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die

Issue: Flavor Ban, Taxes

Bill Number: LD1693 / H.P. 1258

Proposal: Bans the sale of all flavored tobacco products (e. g. cigarettes, cigars, snuff, chew, END), increases the cigarette tax to $4.00 per 20 pack and eliminates the cigarette stamping discount to distributors. By law, the bill increases the tax on other tobacco products by the same percentage change as the increase in the tax on cigarettes

Current Status: 5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die

Issue: Flavor Ban

Bill Number: LD1550 / H.P. 1155

Proposal: Prohibits the sale of all flavored tobacco products and ENDS (includes menthol products)

Current Status: 4/25/22 Status in House—“unfinished business” / House and Senate adjourned the regular session

5/9/22 Placed in the Legislative File (DEAD)—legislature adjourned sine die

Issue: Taxes

Bill Number: SB1813

Proposal: Increases the tax on cigars by 80% of wholesale (to 120%); increases the tax on smoking tobacco by 90% of wholesale (to 130%); increases the tax on smokeless tobacco by 20% of wholesale (to 230%)

Current Status: 12/22/21 Heard in the Joint Committee on Revenue (carried over to 2022)

Issue: Taxes

Bill Number: HB2870 (same as SB1809)

Proposal: Increases the cigarette tax to $4.01 per 20 pack (with floor tax) and increases the tax on cigars and smoking tobacco to 80% of the wholesale price

Current Status: 3/29/21 Referred to the Joint Committee on Revenue (carried over to 2022)

Issue: Taxes

Bill Number: SB1809 (same as HB2870)

Proposal: Increases the cigarette tax to $4.01 per 20 pack (with floor tax) and increases the tax on cigars and smoking tobacco to 80% of the wholesale price

Current Status: 3/29/21 Referred to the Joint Committee on Revenue (carried over to 2022)

Issue: Harm reduction

Bill Number: HB2237

Proposal: Relates to tobacco harm reduction—exempt from the flavor ban any tobacco product that receives an order from the US FDA

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Harm reduction

Bill Number: SB2483

Proposal: Relates to tobacco harm reduction—exempt from the flavor ban any tobacco product that receives an order from the US FDA

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Minimum pricing laws

Bill Number: HB3711

Proposal: Creates a commission to investigate Massachusetts’ minimum pricing laws (including those on cigarettes

Current Status: 11/8/21 Reported favorably from the Joint Committee on Consumer Protection and Professional Licensure (carried over to 2022)

Issue: Menthol ban repeal

Bill Number: HB2406 (same as SB1433)

Proposal: Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Menthol ban repeal

Bill Number: SB1433 (same as HB2406)

Proposal: Repeals the state menthol ban on tobacco products (except for electronic nicotine delivery systems

Current Status: 2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692

Issue: Delay menthol ban

Bill Number: SB1373

Proposal: Relates to the ban of menthol tobacco—changes the effective date of the flavor ban from June 1, 2020 to “2022 or 12 months from the date of passage”

Current Status: 2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692

Issue: Sales restrictions

Bill Number: SB1459 (same as HB2310)

Proposal: Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).

Current Status: 2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692

Issue: Sales restrictions

Bill Number: HB2310 (same as SB1459)

Proposal: Prohibits the sale of tobacco products except in an adult-only retail tobacco store or smoking bar (age restricted).

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Sales requirement

Bill Number: SB1392 (same as HB2244)

Proposal: Requires retailers that sell tobacco products to stock and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use

Current Status: 2/14/22 Reported from the Joint Committee on Public Health—assigned to Study Order S2692

Issue: Sales requirement

Bill Number: HB2244 (same as SB1392)

Proposal: Requires retailers that sell tobacco products to stock and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Limits BOH authority

Bill Number: HB2287

Proposal: Provides that local Boards of Health shall not have the power to ban the sale of legal tobacco products by authorized stores, establishments and any other entities legally allowed to sell tobacco in the Commonwealth and within the existing by-laws of the community, wholesale or retail, without receiving the approval of town meeting or city council to create such a by-law within the city or town.

Current Status: 5/10/21 Joint Committee on Public Health hearing (carried over to 2022

Issue: Manufacturers’ issue

Bill Number: HB2369

Proposal: Relates to the sale of ENDS (defines illicit ENDS, requires manufacturers to deliver an attestation to the state AG certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA).

Current Status: 11/3/21 Joint Committee on Public Health hearing (carried over to 2022)

Issue: Local Authority

Bill Number: S99 (same as HB477)

Proposal: Authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licenses)

Current Status: 1/27/22 Senate Finance Committee hearing

4/11/22 Legislature adjourned sine die—no carryover to 2023

Issue: Local Authority

Bill Number: HB477 (same as S99)

Proposal: Authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licenses)

Current Status: 3/15/22 Withdrawn by the sponsor

Issue: Local Authority (Baltimore City)

Bill Number: SB249 (same as HB442)

Proposal: Authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licensees)

Current Status: 2/3/22 Hearing in the Senate Finance Committee

3/16/22 Withdrawn by sponsor

Issue: Local Authority (Baltimore City)

Bill Number: HB442 (same as SB249)

Proposal: Authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices (excludes taxes and issuance of licensees)

Current Status: 3/2/22 Hearing in the House Economic Committee

3/8/22 Reported unfavorably

Issue: Licensing—Prince George’s County

Bill Number: HB789

Proposal: Provides that an applicant for a license to sell cigarettes and other tobacco products must affirm that the applicant does not hold an alcoholic beverage license to act as retail dealer and that the establishment from which cigarettes and other tobacco products are sold is not within one mile of another licensed establishment.

Current Status: 2/11/22 Hearing in the House Economic Matters Committee set for March 2

2/15/22 Hearing cancelled

2/21/22 Withdrawn from further consideration

Issue: Synthetic Nicotine

Bill Number: HB1227

Proposal: Adds synthetic nicotine to the definition of tobacco products

Current Status: 3/1/22 Withdrawn from further consideration

Issue: Licensing—Prince George’s County

Bill Number: HB1341

Proposal: Authorizes Prince George’s County to regulate OTP and electronic smoking devices: limit the number of licenses; impose density restrictions; deny license applications for locations within 1500 ft of schools

Current Status: 3/2/22 Hearing in the House Economic Committee

3/8/22 Reported unfavorably

Issue: Manufacturers’ Issues and ENDS Sales and Advertising Limitations

Bill Number: SB990

Proposal: Relates to the sale of ENDS (defines illicit ENDS, requires manufacturers to deliver an attestation to the state ATC certifying the manufacturer has applied for a PMTA or has a marketing order or other authorization from the FDA); limits on the number of ESD products in a single purchase transaction; no self-service; advertising limitations (1,000 ft from schools and parks)

Current Status: 2/20/22 Introduced

3/21/22 Withdrawn by the sponsor

Issue: Retail Provisions

Bill Number: SB573

Proposal: Prohibits any person who sells vapor products at retail from advertising a vapor product to a minor, sell or distribute a vapor product that does not contain a health warning on the package, give away free samples, or display an advertisement that is not accompanied with a health warning statement. Senate Bill 574 permits law enforcement for localities to conduct unannounced compliance checks for licensed tobacco retailers.

Current Status: Carryover from 2021

Issue: Retail Provisions

Bill Number: SB574

Proposal: Provides compliance checks for the sale of tobacco products, vapor products, or alternative nicotine products to minors and prescribes penalties

Current Status: Carryover from 2021

Issue: Licensing

Bill Number: SB575

Proposal: Requires that beginning January 1, 2022, any person selling tobacco products, vapor products, or alternative nicotine products at retail to be licensed; requires that beginning January 1, 2022, a person that manufacturers vapor products to be sold in the state must register those vapor products; and provides that beginning January 1, 2022, a person who sell tobacco products, vapor products, or alternative nicotine products at retail shall not sell a vapor product in this state unless the vapor product is registered with the state.

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: HB4114

Proposal: Reduces the state cigarette tax to $1.00 per pack

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: HB4287

Proposal: Beginning November 1, 2021 through October 31, 2022, the cigar tax may not exceed 65 cents per individual cigar. Beginning November 1, 2022, the cigar tax may not exceed 75 cents per individual cigar. Beginning January 1, 2022, for consumable materials, the tax imposed is 18% of the wholesale price. Beginning January 1, 2022, for alternative nicotine products, the tax imposed is 50 cents per ounce of alternative nicotine product on the basis of net weight of the alternative nicotine product as listed by the manufacturer.

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: SB572

Proposal: Taxes consumable materials used in electronic smoking devices at the following rates: 18% of the wholesale price if the consumable materials are part of an open vapor system; $0.60 per milliliter if the consumable materials are contained in a closed system cartridge. SB572 also taxes alternative nicotine products at 50 cents per ounce based on the net weight of the alternative nicotine product as listed by the manufacturer. Finally, the bill places an excise tax cap on cigars at 65 cents per individual cigar beginning November 1, 2021 through October 31, 2022; and 75 cents per individual cigar beginning November 1, 2022.

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: SB720

Proposal: As substituted, modifies the definition of “cigarette” for taxation and regulatory purposes to include both combusted and heated products; Provides that if a modified risk tobacco product order has been issued, the tax will be 50% of the otherwise applicable rate.

Current Status: 2/24/22-Substituted on House Floor; Passed House and moved to the Senate for concurrence

Issue: Taxes

Bill Number: HF1721

Proposal: Increases the state cigarette tax by $1.50 per pack (with floor tax) and raises the excise tax on tobacco and vapor products from 95% to 97% of the wholesale price; increases the excise tax on premium cigars from the lesser of 95% of the wholesale price or 50 cents to 97% of the wholesale or $5.00 per cigar

Current Status: 3/10/21- Hearing held in Preventive Health Policy Division; approved and returned to Health Finance and Policy Committee (caried over to 2022)

Issue: Taxes

Bill Number: SF1774

Proposal: Increases the state cigarette tax by $1.50 per pack (with floor tax) and raises the excise tax on tobacco and vapor products from 95% to 97% of the wholesale price; increases the excise tax on premium cigars from the lesser of 95% of the wholesale price or 50 cents to 97% of the wholesale or $5.00 per cigar

Current Status: 3/4/21- Introduced in the Senate; sent to Taxes Committee (carried over to 2022)

Issue: Taxes

Bill Number: HF2301

Proposal: Increases the excise tax on cigarettes by $1.50 per pack (with floor tax); increases the excise tax on vapor products and other tobacco products by 2% of the cost to the consumer (from 95% to 97% of the cost to the consumer)

Current Status: 3/25/21- Introduced and referred to the Taxes Committee (carried over to 2022)

Issue: Flavor Ban

Bill Number: HF904

Proposal: Prohibits the sale of all flavored tobacco products. (includes menthol, mint and wintergreen).

Current Status: 2/17/21- Hearing held in Preventative Health Policy Division; approved and returned to the Health Finance and Policy Committee (carried over to 2022)

Issue: Flavor Ban

Bill Number: SF1271

Proposal: Prohibits the sale of all flavored tobacco products. (includes menthol, mint and wintergreen).

Current Status: 2/22/21- Introduced in Senate and referred to Health and Human Services Finance and Policy Committee (carried over to 2022)

Issue: Taxes

Bill Number: SB2062

Proposal: Defines the terms electronic smoking device and tobacco product for purposes of including electronic smoking devices in the 15% excise tax on tobacco products other than cigarettes.

Current Status: 2/23/22-Died in Committee

Issue: Taxes

Bill Number: HB892

Proposal: Taxes cigars, cheroots, stogies, snuff, chewing and smoking tobacco and all other tobacco products except cigarettes at the rat of 22.5% of the manufacturer’s list price

Current Status: 2/23/22-Died in Committee

Issue: Taxes

Bill Number: HB1096

Proposal: Increases the tax on cigarettes by 50 cents per pack.

Current Status: 2/23/22-Died in Committee

Issue: Sales Restriction

Bill Number: HB2280

Proposal: Prohibits the distribution or sale of novelty lighters

Current Status: 1/5/22 Introduced

5/13/22 Referred to the House General Laws Committee

Issue: Local Taxes

Bill Number: HB2467

Proposal: Allows any political subdivision to increase the tax on cigarettes and tobacco products subject to the approval of a majority of qualified voters.

Current Status: 1/18/22 Introduced

5/13/22 Referred to the House General Laws Committee

Issue: Reporting

Bill Number: HB2659

Proposal: Requires sellers of tobacco products, alternative nicotine products and vapor products to report additional information to the Division of Alcohol and Tobacco Control

Current Status: 2/8/22 Introduced

5/13/22 Referred to the House General Laws Committee

Issue: Preemption

Bill Number: HB2463 (similar to SB1158)

Proposal: Authorizes the state to preempt the field regulating the sale of tobacco products, alternative nicotine products and vapor products.

Current Status: 2/18/22 Introduced

5/13/22 Referred to the House General Laws Committee

Issue: Preemption

Bill Number: SB1158 (similar to HB2463)

Proposal: Authorizes the state to preempt the field regulating the sale of tobacco products, alternative nicotine products and vapor products.

Current Status: 3/30/22 Hearing in the Senate Seniors, Families, Veterans & Military Affairs Committee

Issue: Taxes

Bill Number: HB2868

Proposal: Increases the cigarette tax by $.10 per pack (subject to voter approval)

Current Status: 3/1/22 Introduced

5/13/22 Referred to the House Budget Committee

Issue: Preemption

Bill Number: LB954

Proposal: Prohibits a county or municipality from adopting an ordinance or resolution more restrictive than the Nebraska Clean Indoor Air Act, including prohibiting flavored vapor products.

Current Status: Failed due to adjournment

Issue: Taxes

Bill Number: LB459

Proposal: Increases the tax on cigarettes by $1.50 per pack and imposes the OTP tax rate of 20% of the wholesale price on vapor products

Current Status: Failed due to adjournment

Issue: Taxes

Bill Number: LB655

Proposal: Caps the tax on premium cigars at $.50 per cigar

Current Status: Failed due to adjournment

Issue: Modified Risk Products

Bill Number: SB314

Proposal: Reduces the state excise tax on modified risk tobacco products

Current Status: 2/24/22 Referred for interim study

Issue: Licensing Fees

Bill Number: HB591

Proposal: Establishes retail tobacco license fees—including for e-cigarettes: Amended to change fee amounts:
$216 (one register); $408 (2-3 registers); $648 (4 or more registers)—alcoholic beverage licensees may apply for a retail tobacco license for an additional annual fee of $6.00 per location

Current Status: 5/12/22 House concurred in Senate amendments

Issue: Menthol Cigarette Ban

Bill Number: S299

Proposal: Prohibits the sale of menthol cigarettes

Current Status: 1/11/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee

Issue: Nicotine Replacement Therapy

Bill Number: A6020

Proposal: Requires tobacco products retailers (excludes cigar shops) to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use

Current Status: 1/10/22 Passed the Senate without reference

1/18/22 Signed by the Governor--enacted

Issue: Cigar Tax Cap

Bill Number: A879 (same as S1775)

Proposal: Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar

Current Status: 1/11/22 Introduced and referred to the Assembly Health Committee

Issue: Cigar Tax Cap

Bill Number: S1775 (same as A879)

Proposal: Limits the taxation of cigars under the Tobacco and Vapor Products Tax Act to a maximum of $.50 per cigar

Current Status: 2/28/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee

Issue: Flavor Ban

Bill Number: A1989 (same as S2667)

Proposal: Prohibits the sale of menthol cigarettes and flavored electronic smoking devices and related products

Current Status: 1/11/22 Introduced and referred to the Assembly Health Committee

Issue: Pharmacy Ban

Bill Number: S305 (same as A2572)

Proposal: Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.

Current Status: 1/11/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee

Issue: Pharmacy Ban

Bill Number: A2572 (same as SB305)

Proposal: Prohibits the sale of tobacco products and electronic smoking devices at pharmacies.

Current Status: 2/14/22 Introduced and referred to the Assembly Committee on Health

Issue: Retail Requirement

Bill Number: A2025

Proposal: Requires tobacco products retailers (excludes cigar shops) to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use

Current Status: 1/11/22 Introduced and referred to the Assembly Health Committee

Issue: Retail Restrictions

Bill Number: S1039 (same as A2797)

Proposal: Revises the requirements for the sale of tobacco and vapor products; increases penalties for prohibited sales; increases fee for cigarette and vapor business licensure; prohibits the sale of vaping liquid with a nicotine content greater than 2%

Current Status: 1/31/22 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee

Issue: Retail Restrictions

Bill Number: A2797 (same as S1039)

Proposal: Revises the requirements for the sale of tobacco and vapor products; increases penalties for prohibited sales; increases fee for cigarette and vapor business licensure; prohibits the sale of vaping liquid with a nicotine content greater than 2%

Current Status: 2/28/22 Introduced and referred to the Assembly Committee on Health

Issue: Taxes

Bill Number: S1841

Proposal: Increases the tax rate on certain tobacco products (from 30% to 90% of wholesale) to be on par with the tax rate imposed on cigarettes (excludes moist snuff and liquid nicotine); increases the tax on moist snuff from $.75 to $2.25 per ounce; includes a floor tax.

Current Status: 2/28/22 Introduced

Issue: Flavor Ban--Vape

Bill Number: S2667 (same as A1989)

Proposal: Prohibits the sale of flavored electronic smoking devices and related products.

Current Status: 5/16/22 Introduced and referred to the Senate Committee on Health, Human Services and Senior Citizens

Issue: Taxes

Bill Number: HB33

Proposal: Increases the tax on cigarettes by $2.00 per pack; increases the OTP tax to 77% of the product value; increases the tax on e-liquid to 77% of the product value; increases the tax on closed system cartridges to $3.32 per cartridge.

Current Status: 2/17/22-Failed due to adjournment

Issue: Taxes

Bill Number: SB49

Proposal: Increases the tax on cigarettes by $1.00 per pack, increases the OTP tax (includes nicotine products, regardless of the source of nicotine) to 60% of the product value, increases the tax on e-liquid to 60% of the product value, and increases the tax on closed system cartridges to $2.40 per cartridge.

Current Status: 2/17/22-Failed due to adjournment

Issue: Taxes

Bill Number: SB142

Proposal: Imposes a tax on “fine cigars“ at the rate of 10% of the product value, not to exceed 10 cents per cigar. “Fine Cigar“ is defined as a roll of tobacco that is wrapped in one hundred percent natural leaf tobacco.

Current Status: 2/17/22-Failed due to adjournment

Issue: Flavor Ban

Bill Number: S84 (same as A3499)

Proposal: Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022

Issue: Flavor Ban

Bill Number: A3499 (same as S84)

Proposal: Prohibits the sale and distribution of flavored tobacco products and accessories (includes menthol)

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022

Issue: E-cigarette Restrictions

Bill Number: S174 (same as A332)

Proposal: Prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer).

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A332 (same as S174)

Proposal: Prohibits the sale of an e-liquid used to refill an electronic cigarette or cartridge (does not apply to cartridges filled and sealed by the manufacturer).

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Advertisement Restrictions

Bill Number: S383

Proposal: Prohibits the advertisement of “smoking paraphernalia or tobacco product, electronic cigarettes or vapor products” within 500 feet of schools and parks.

Current Status: 4/7/22 Amended and recommitted to the Senate Committee on Consumer Protection

Issue: E-cigarette Restrictions

Bill Number: S778 (same as A6989)

Proposal: Provides for restrictions on advertisement and promotion of electronic cigarettes--addresses research and misrepresentation of electronic cigarettes

Current Status: 3/2/22 Passed the Senate—referred to the Assembly Committee on Consumer Affairs and Protection

Issue: Sales Restrictions

Bill Number: S1021 (same as A1887)

Proposal: Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Sales Restrictions

Bill Number: A1887 (same as S1021)

Proposal: Prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school

Current Status: 5/10/22 Reported favorably from the Assembly Committee on Health—referred to the Assembly Committee on Codes

Issue: Sales Restrictions

Bill Number: S1278 (same as A4308)

Proposal: Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Sales Restrictions

Bill Number: A4308 (same as S1278)

Proposal: Prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Taxes

Bill Number: S1167-A (same as A10016)

Proposal: Changes the minimum pack size and tax rates for tobacco products: loose tobacco (includes pipe tobacco) minimum pack of .65 ounce taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; cigars minimum 5 pack taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; single-unit tobacco taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; moist snuff minimum pack of 1 ounce taxed at the higher of 95% of wholesale or $3.63 per ounce

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

4/19/22 Amended and recommitted to the Senate Committee on Health

Issue: Taxes

Bill Number: A10016 (same as S1167-A)

Proposal: Changes the minimum pack size and tax rates for tobacco products: loose tobacco (includes pipe tobacco) minimum pack of .65 ounce taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; cigars minimum 5 pack taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; single-unit tobacco taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; moist snuff minimum pack of 1 ounce taxed at the higher of 95% of wholesale or $3.63 per ounce

Current Status: 4/29/22 Introduced and referred to the Assembly Committee on Health

Issue: Taxes

Bill Number: S1563 (same as A2609)

Proposal: Increases the tax on vapor products to 41% of retail (currently 20%); requires sellers of e-liquid to be in compliance with packaging requirements for e-liquid products.

Current Status: 1/5/22 Referred to the Senate Committee on Consumer Protection (carried over to 2022)

Issue: Taxes

Bill Number: A2609 (same as S1563)

Proposal: Increases the tax on vapor products to 41% of retail (currently 20%); requires sellers of e-liquid to be in compliance with packaging requirements for e-liquid products.

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Taxes

Bill Number: S2753 (same as A678)

Proposal: Increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%

Current Status: 1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)

Issue: Taxes

Bill Number: A678 (same as S2753)

Proposal: Increases the OTP tax from 75% to 129% (including snuff) and increases the tax on the retail sale of vapor products from 20% to 48%

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)

Issue: Taxes

Bill Number: S3045 (same as A3514)

Proposal: Provides for the taxation of electronic cigarette cartridges as tobacco products

Current Status: 1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)

Issue: Taxes

Bill Number: A3514 (same as S3045)

Proposal: Provides for the taxation of electronic cigarette cartridges as tobacco products

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)

Issue: Taxes

Bill Number: S3544 (same as A683)

Proposal: Increases the cigarette tax to $6.24 per twenty pack (currently $4.35

Current Status: 1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)

Issue: Taxes

Bill Number: A683 (same as S3544)

Proposal: Increases the cigarette tax to $6.24 per twenty pack (currently $4.35

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over to 2022)

Issue: Taxes

Bill Number: S4820

Proposal: Provides that the tax on cigars and premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less

Current Status: 1/5/22 Referred to the Senate Committee on Budget and Revenues (carried over to 2022)

Issue: Taxes

Bill Number: S6741 (same as A8156)

Proposal: Provides that the tax on premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less

Current Status: 3/7/22 Amended and recommitted to the Senate Committee on Budget and Revenue

Issue: Taxes

Bill Number: A8156 (same as S6741)

Proposal: Provides that the tax on premium cigars to be 75% of wholesale or $.50 per cigar, whichever is less

Current Status: 2/11/22 Amended and recommitted to the Assembly Committee on Ways and Means

Issue: Tax Stamps

Bill Number: A1432

Proposal: Amends the tax law to require tax stamps to be 2x2 inches, contain a color graphic depicting an adverse effect of cigarette use, and a toll-free telephone number for information on smoking cessation

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)

Issue: Sales to Minors

Bill Number: S3872

Proposal: Requires that a business shown to have sold a tobacco product to a minor to close pending the completion of an investigation; provides for the Commissioner of Taxation and Finance to revoke the dealer’s registration for a period not less than five years if the business is found to have sold a tobacco product to a minor

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Sales Restrictions

Bill Number: S3904 (same as A5700)

Proposal: Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Sales Restrictions

Bill Number: A5700 (same as S3904)

Proposal: Requires electronic cigarettes and e-liquid products be sold in separate specific locations where only persons age 21 or older are allowed to enter

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Coupon Restrictions

Bill Number: S4171

Proposal: Prohibits the use of coupons or use of a price reduction instrument to lower the price of certain tobacco products

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Flavor Ban

Bill Number: S5098

Proposal: Prohibits the sale of flavored self-contained, disposable vapor products

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Minimum Mark Up

Bill Number: A3547

Proposal: Increases the presumed “cost of the agent” for purposes of cigarette marketing and establishes the cigarette tax enforcement fund

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)

Issue: Advertising Restrictions

Bill Number: S3144

Proposal: Prohibits advertising for tobacco products within 500 feet of a public or private school.

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Advertising Restrictions

Bill Number: A4544

Proposal: Restricts the public display of tobacco products and electronic cigarette advertisements and smoking paraphernalia near public libraries

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Requirement

Bill Number: A166

Proposal: Requires companies that sell electronic cigarettes to disclose their online advertising expenditures from the previous fiscal year

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Requirement

Bill Number: A206

Proposal: Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Requirement

Bill Number: S1732

Proposal: Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A637 (same as S5106)

Proposal: Prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarette

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: S5106 (same as A637)

Proposal: Prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the DOH to establish a list of prohibited toxic metals and requires the DOH to study the long-term effects of using electronic cigarette

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: Nicotine Restrictions

Bill Number: A646

Proposal: Requires the DOH to establish nicotine levels for electronic cigarettes and e-liquids which automatically taper in nicotine strength in amounts and at certain time intervals; further requires manufacturers to only manufacture or sell in the state any electronic cigarette or e-liquid unless such product automatically tapers in strength and in amounts and at certain time intervals as determined by the DOH

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number:
A647

Proposal: Provides that every package containing an electronic cigarette and the electronic cigarette itself sold or offered for sale shall be designed by the DOH and such package shall include printed thereon or attached thereto a health warning and disclaimer label designed by the DOH

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A649

Proposal: Prohibits the sale or distribution of electronic cigarettes lacking FDA premarket order of approval

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A668

Proposal: Requires a prescription from a licensed physician in order to obtain an electronic cigarette; electronic cigarettes may only be made available by an individual or entity licensed and registered to operate as a pharmacy

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A671

Proposal: Prohibits the use of toxic metals in electronic cigarettes, requires disclosure of the materials used in the hardware of electronic cigarettes and requires the DOH to study the long-term effects of electronic cigarette users

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A6544 (same as S6376)

Proposal: Requires distributors and manufacturers of vapor products to obtain permits, prohibits the sale of illicit vapor products (as defined) and creates a vapor product directory

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: S6376 (same as A6544)

Proposal: Requires distributors and manufacturers of vapor products to obtain permits, prohibits the sale of illicit vapor products (as defined) and creates a vapor product directory

Current Status: 1/5/22 Referred to the Senate Committee on Health (carried over to 2022)

Issue: E-cigarette Restrictions

Bill Number: A8884

Proposal: Requires electronic cigarette manufacturers to submit plans for the collection, transportation and recycling of electronic cigarettes to the Commissioner of Environmental Conservation. Requires manufacturers to accept the return of electronic cigarettes for recycling; requires vapor product dealers to accept the return of used electronic cigarettes for recycling.

Current Status: 1/19/22 Introduced and referred to the Committee on Environmental Conservation

Issue: Flavor Ban

Bill Number: A679

Proposal: Prohibits the sale of flavored nicotine pouches

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Flavor Ban

Bill Number: A4374

Proposal: Prohibits the sale and distribution of flavored tobacco products and accessories (excludes menthol, mint and wintergreen)

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: PMTA Exemption

Bill Number: A6342

Proposal: Repeals the exemption for flavored vapor products authorized by the FDA to be legally marketed and that has received a premarket review approval order

Current Status: 1/5/22 Referred to the Assembly Committee on Health (carried over to 2022)

Issue: Increased Penalties

Bill Number: A3513

Proposal: Increases penalties for certain violations relating to the sale of cigarettes and tobacco products

Current Status: 1/5/22 Referred to the Assembly Committee on Economic Development (carried over to 2022)

Issue: Tax Stamps

Bill Number: A7257

Proposal: Requires the use of color-shifting dyes, unique serial numbers, tamper-evident surface cuts and stamp
meter impressions that can be read by scanning devices on cigarette tax stamps to prevent counterfeiting

Current Status: 1/5/22 Referred to the Assembly Committee on Ways and Means (carried over o 2022)6741

Issue: Miscellaneous—Tobacco Control

Bill Number: A10408

Proposal: Establishes the tobacco, nicotine and vaping law which places certain current and new provisions relating to tobacco, nicotine and vaping under a new chapter of laws; establishes the adult use substances authority which shall have authority over the state liquor authority, cannabis control board and the tobacco, nicotine and vaping authority; establishes the tobacco and vapor product use prevention and control program and the electronic cigarette and vaping prevention, awareness and control program

Current Status: 5//13/22 Introduced and referred to the Assembly Committee on Corporation, Authorities and Commissions

Issue: Taxes

Bill Number: HB1054

Proposal: Taxes electronic smoking devices at the rate of 44% of the wholesale price. The term “electronic smoking device” includes any substance intended to be aerosolized or vaporized during the use of such devices, whether or not the substance contains nicotine.

Current Status: Carryover from 2021

Issue: Taxes

Bill Number: HB2876

Proposal: As amended, Imposes a tax on e-liquid at the rate of $.10 per milliliter.

Current Status: Carryover from 2021

Issue: Taxes/Preemption

Bill Number: HB3314

Proposal: Includes vapor products in the definition of “tobacco products” for taxation purposes and revises existing preemption provisions.

Current Status: 2/7/22-Introduced

2/8/22-Referred to the House Rules Committee

Issue: Preemption

Bill Number: HB1893

Proposal: Repeals state preemption and allows local jurisdictions to adopt rules, ordinances, and regulations pertaining to tobacco products that are stricter than state law.

Current Status: Carryover from 2021

Issue: Licensing

Bill Number: HB3094

Proposal: Requires any retailer, distributor, or wholesaler that sells electronic cigarettes to have a license to sell such products from the ABLE Commission.

Current Status: 2/7/22-Introduced

2/8/22-Referred to the House Rules Committee

Issue: Flavor Ban (ENDS)

Bill Number: S2117

Proposal: Prohibits the sale of any flavored electronic nicotine delivery system (includes menthol).

Current Status: 5/17/22 Hearing in the Senate Committee on the Judiciary—recommended be held for further study

Issue: Flavor Ban (ENDS)

Bill Number: H7869

Proposal: Prohibits the sale of any flavored electronic nicotine delivery system (except menthol and products receiving a marketing order from the FDA).

Current Status: 3/4/22 Introduced and referred to the House Committee on Health and Human Services

3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request

4/5/22 committee meeting—recommended measure to be held for further study

Issue: Flavor Ban (Tobacco Products and ENDS)

Bill Number: H7870

Proposal: Prohibits the sale of flavored tobacco products and ENDS (includes menthol)

Current Status: 3/4/22 Introduced and referred to the House Committee on Health and Human Services

3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request

4/5/22 committee meeting—recommended measure to be held for further study

Issue: Flavor Ban (ENDS)

Bill Number: H7871

Proposal: Prohibits the sale of any flavored electronic nicotine delivery system (includes menthol).

Current Status: 3/4/22 Introduced and referred to the House Committee on Health and Human Services

3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request

4/5/22 committee meeting—measure recommended to be held for further study

Issue: Flavor Ban (Tobacco Products and ENDS)

Bill Number: H7881

Proposal: Prohibits the sale of flavored tobacco products and ENDS (includes menthol)

Current Status: 3/4/22 Introduced and referred to the House Committee on Health and Human Services

3/28/22 Pulled from the March 29th committee hearing agenda—postponed at the sponsor’s request

4/5/22 committee meeting—measure recommended to be held for further study

Issue: Pharmacy Ban

Bill Number: H7805

Proposal: Prohibits the sale of tobacco products in pharmacies

Current Status: 3/4/22 Introduced and referred to the House Committee on Health and Human Services

3/29/22 Committee hearing—recommended measure to be held for further study

Issue: Local Authority

Bill Number: H7725

Proposal: Allows cities and towns to create ordinances to regulate the use and sales of cigarettes, other tobacco products and electronic nicotine delivery systems.

Current Status: 3/2/22 Introduced and referred to the House Committee on Municipal Government and Housing

3/16/22 Pulled from the committee hearing agenda—postponed at the sponsor’s request

4/12/22 Committee hearing— recommended measure to be held for further study

Issue: Local Authority

Bill Number: S2658

Proposal: Allows cities and towns to create ordinances to regulate the use and sales of cigarettes, other tobacco products and electronic nicotine delivery systems.

Current Status: 5/17/22 Hearing in the Senate Committee on the Judiciary—recommended to held for further study

Issue: Local Preemption

Bill Number: H3681 (similar to S498)

Proposal: Prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this act.

Current Status: Passed the House and the Senate Committee on Medical Affairs in 2021 (carried over to 2022)

Issue: Local Preemption

Bill Number: S498 (similar to H3681)

Proposal: Prohibits political subdivisions from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this act.

Current Status: 1/28/21 Introduced and referred to the Senate Medical Affairs Committee (carried over to 2022)

Issue: Vapor Tax and Licensing

Bill Number: HB113 (same as SB1279)

Proposal: Creates an annual retail tobacco license and establishes a tax on closed-system vapor products at $0.05 per milliliter and on open-system vapor products at 5% of the wholesale price

Current Status: Carried over to 2022

Issue: Vapor Tax and Licensing

Bill Number: SB1279 (same as HB113)

Proposal: Creates an annual retail tobacco license and establishes a tax on closed-system vapor products at $0.05 per milliliter and on open-system vapor products at 5% of the wholesale price

Current Status: Carried over to 2022

Issue: Cigarette Minimum Pricing

Bill Number: HB1014 (same as SB985)

Proposal: Amends current code to make it a violation for a retailer, tobacco distributor or other person to advertise, offer to sell or sell cigarettes for less than an amount set by the Department of Revenue

Current Status: Carried over to 2022

Issue: Cigarette Minimum Pricing

Bill Number: SB985 (same as HB1014)

Proposal: Amends current code to make it a violation for a retailer, tobacco distributor or other person to advertise, offer to sell or sell cigarettes for less than an amount set by the Department of Revenue

Current Status: Carried over to 2022

Issue: Taxes

Bill Number: HB34

Proposal: Modifies the definition of “cigarette” for taxation and regulatory purposes to include both combusted and heated products

Current Status: 3/24/22-signed by Governor

Issue: Nicotine content

Bill Number: SB130

Proposal: Exempts e-cigarette products receiving FDA marketing authorization from nicotine content limitations

Current Status: 3/1/22-died by rule

Issue: Remote Sellers

Bill Number: HB492

Proposal: Authorizes telephone, mail, and Internet orders of cigars and pipe tobacco

Current Status: 3/2/22-introduced

3/4/22-died on adjournment

Issue: Taxes

Bill Number: H105

Proposal: Increases the tax on cigarettes by $1.00 per pack to $4.08 (includes RYO) with corresponding increases snuff (to $3.40 per ounce. or fractional part thereof) and new smokeless tobacco (greater of $3.40 per ounce or $4.08 in packages less than 1.2 ounces); floor tax

Current Status: 5/12/22 Failed on adjournment

Issue: Flavor Ban

Bill Number: S24

Proposal: Prohibits the sale of flavored tobacco products (including menthol cigarettes), flavored e-liquids and flavored tobacco substitutes. The bill also directs the Office of the Attorney General to report on the extent to which Vermont may legally restrict advertising and regulate labels of e-cigarettes and other vaping-related products.

Current Status: 5/12/22 Failed on adjournment

Issue: Flavor Ban

Bill Number: H141

Proposal: Prohibits the sale of flavored tobacco products (including menthol cigarettes), flavored e-liquids and flavored tobacco substitutes. The bill also directs the Office of the Attorney General to report on the extent to which Vermont may legally restrict advertising and regulate labels of e-cigarettes and other vaping-related products

Current Status: 5/12/22 Failed on adjournment

Issue: Sales Restrictions

Bill Number: H602

Proposal: Prohibits the sale of tobacco products, including cigarettes, utilizing single-use filters.

Current Status: 5/12/22 Failed on adjournment

Issue: Local Cigarette Taxes

Bill Number: SB25 (same as HB1076)

Proposal: Requires any locality that increases its tax rate on cigarettes to allow a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return for one calendar year after the tax increase; defines “unsold inventory“ for the purposes of this provision to mean cigarettes held prior to the tax rate increase

Current Status: 3/13/22 Regular session adjourned

4/8/22 Signed by the Governor

Issue: Local Cigarette Taxes

Bill Number: HB1076 (same as SB25)

Proposal: Requires any locality that increases its tax rate on cigarettes to allow a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return for one calendar year after the tax increase; defines “unsold inventory“ for the purposes of this provision to mean cigarettes held prior to the tax rate increase

Current Status: 3/13/22 Regular session adjourned

4/8/22 Signed by the Governor

Issue: Remote Sellers—OTP Taxes

Bill Number: HB1199 (same as SB748)

Proposal: Addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates

Current Status: 3/13/22 Regular session adjourned

4/11/12 Returned to the House with the Governor’s recommendation

4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted

Issue: Remote Sellers—OTP Taxes

Bill Number: SB748 (same as HB1199)

Proposal: Addresses remote sellers regarding taxation, licensing and record keeping; would lower OTP tax rates

Current Status: 3/11/22 Sent to the Governor

3/13/22 Regular session adjourned

4/11/12 Returned to the Senate with the Governor’s recommendation

4/27/22 House and Senate concurred in the Governor’s recommendations—bill enacted

Issue: Licensing

Bill Number: HB685

Proposal: Requires tobacco retailers (including ENDs retailers) to obtain a license from the Virginia Alcohol Beverage Control Authority.

Current Status: 2/15/22 Left in the House Committee on General Laws

3/13/22 Regular session adjourned

Issue: Taxes (OTP)

Bill Number: HB1357

Proposal: Lowers OTP tax rates and caps the cigar tax at $.30 per cigar

Current Status: 2/15/22 Failed crossover deadline—left in House Committee on Appropriations

3/13/22 Regular session adjourned

Issue: Taxes,
Flavor Ban,
Delivery
Locations

Bill Number: HB1345
SB5266

Proposal: Bans the sale of flavored vapor products and menthol-flavored cigarettes; changes vapor products tax from quantity based to a 45% tax on the retail price and requires the tax to be disclosed consumers; adds a 4.4% surcharge on vapor products on manufacturers and distributors; restricts delivery sales of closed system vapor products; allows local jurisdictions to limit the location of vapor product retailers

Current Status: 2/3/22-died by rule

Issue: Taxes

Bill Number: HB1550

Proposal: Changes vapor products tax from quantity based to a 45% tax on the retail price; requires the tax to be disclosed to consumers; adds a 4.4% surcharge on vapor products on manufacturers and distributor

Current Status: 2/3/22-died by rule

Issue: Retail Provisions

Bill Number: SB5129

Proposal: Allows for covert underage buyer checks against retailers; removes civil liability for minors who purchase, use or possess tobacco products

Current Status: 2/17/22-died in Rules Committee

Issue: Taxes

Bill Number: HB1676

Proposal: Changes vapor products tax from quantity based to a 33% tax on the retail price; requires the tax to be disclosed to consumers

Current Status: 2/7/22-died by rule

Issue: Flavors,
Vapor Products

Bill Number: HB2039
SB5768

Proposal: Bans the sale of vapor products containing nicotine salts and allows the state Secretary of Health to restrict sales of flavored vapor products and limit the allowable nicotine concentration in vapor products

Current Status: 2/3/22-died by rule

Issue: Smokers’ Rights

Bill Number: HB2519

Proposal: Repeals provisions prohibiting employers from discriminating for use of tobacco products

Current Status: 3/12/22 Failed on adjournment

Issue: Taxes

Bill Number: HB2254

Proposal: Establishes different rates of taxation for tobacco products for certain border counties

Current Status: 3/12/22 Failed on adjournment

Issue: Taxes

Bill Number: SB426

Proposal: Increases the cigarette tax to $1.50 per 20 pack currently $1.20) and the
e-cigarette liquid tax to $0.0975 per milliliter (currently $0.075).

Current Status: 3/12/22 Failed on adjournment

Issue: Taxes

Bill Number: SB635

Proposal: Increases the cigarette tax to $2.70 per 20 pack (currently $1.20); increases the tax on OTP to 51% of wholesale (currently 12%); defines and taxes electronic smoking devices as OTP; repeals the discount rate for tax stamps

Current Status: 3/12/22 Failed on adjournment

Issue: Local Authority

Bill Number: SB71

Proposal: Allows political subdivisions to regulate the sale and marketing of tobacco products and vapor products

Current Status: 3/12/22 Failed on adjournment

Issue: Licensing

Bill Number: AB250 (same as SB285)

Proposal: Requires the DOR to create an application form for a license issued by municipalities for a person to sell cigarettes and tobacco products and requires municipalities to submit a list of licensees annually to the DOR
Assembly Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.

Current Status: 3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned

Issue: Licensing

Bill Number: SB285 (same as AB250)

Proposal: Requires the DOR to create an application form for a license issued by municipalities for a person to sell cigarettes and tobacco products and requires municipalities to submit a list of licensees annually to the DOR
Senate Substitute Amendment 1 requires a retailer who sells electronic smoking devices to obtain a cigarette and tobacco products license from the municipality where the retailer is located.

Current Status: 3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned

Issue: Licensing and Local Authority

Bill Number: SB1038

Proposal: Requires a person who sells electronic smoking devices to obtain a cigarette and tobacco products retailer license and authorizes cities, villages and towns to enact an ordinance regulating cigarettes, tobacco products and ENDS retailers as long as the ordinance is as stringent as state law

Current Status: 3/9/22 Introduced and referred to the Senate Committee on Insurance, Licensing and Forestry

3/15/22 Failed to pass pursuant to Senate Joint Resolution 1—The Senate and Assembly stand adjourned