Signed by Governor Josh Shapiro

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires the Attorney General to establish a registry of approved brands of nicotine vapes for sale by retailers in Pennsylvania.

Highlights:

• Amends the presumed cost of doing business by a retailer who sells cigarettes to be 7% immediately, 8.5% beginning March 1, 2026, and 9.5% one year after that (Sec. 1-2).

• Prohibits licensed retailers of tobacco products from purchasing products from any source other than a licensed wholesaler (Sec. 3).

• Requires every manufacturer of electronic cigarettes that are sold in Pennsylvania to deliver a certification to the Attorney General on an annual basis that they are in compliance with this Act, and have done the following for each product sold (Sec. 3):

• Received a marketing granted order for each product from the U.S. Food and Drug Administration (FDA);

• Submitted a premarket tobacco product application for each product to the FDA; and

• Not been required to submit an additional premarket tobacco product application due to a change to the name, brand style, or packaging of an electronic cigarette product.

• Requires the certification described above to also include the following specifications (Sec. 3):

• The name under which the manufacturer transacts business, its primary location and contact information for its business transactions, and the brand name, product name, and flavor of each electronic cigarette product it sells in the state; and

• A complete list of importers into the U.S. for any electronic cigarette product that is manufactured outside of the country, and a declaration of liability of the importer.

• Requires manufacturers seeking to sell electronic cigarette products in Pennsylvania to submit a surety bond to the state of at least $50,000 (Sec. 3).

• Requires retailers, wholesalers, and importers to sell or remove a product that is denied certification under this Act within 30 days of such denial (Sec. 3).

• Requires retailers and wholesalers to sell or remove a product in its existing inventory within 120 days of the first publication of the Attorney General’s directory of certified electronic cigarette products, if the product is not included in the directory (Sec. 3).

• Establishes civil penalties for retailers, wholesalers, and importers who sell products in violation of this Act (Sec. 3).

• Authorizes criminal penalties against individuals who violate this Act (Sec. 3).

• Specifies that this Act takes effect 60 days after passage, unless otherwise stated (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires the Attorney General to establish a registry of approved brands of nicotine vapes for sale by retailers in Pennsylvania.

Highlights:

• Amends the presumed cost of doing business by a retailer who sells cigarettes to be 7% immediately, 8.5% beginning March 1, 2026, and 9.5% one year after that (Sec. 1-2).

• Prohibits licensed retailers of tobacco products from purchasing products from any source other than a licensed wholesaler (Sec. 3).

• Requires every manufacturer of electronic cigarettes that are sold in Pennsylvania to deliver a certification to the Attorney General on an annual basis that they are in compliance with this Act, and have done the following for each product sold (Sec. 3):

• Received a marketing granted order for each product from the U.S. Food and Drug Administration (FDA);

• Submitted a premarket tobacco product application for each product to the FDA; and

• Not been required to submit an additional premarket tobacco product application due to a change to the name, brand style, or packaging of an electronic cigarette product.

• Requires the certification described above to also include the following specifications (Sec. 3):

• The name under which the manufacturer transacts business, its primary location and contact information for its business transactions, and the brand name, product name, and flavor of each electronic cigarette product it sells in the state; and

• A complete list of importers into the U.S. for any electronic cigarette product that is manufactured outside of the country, and a declaration of liability of the importer.

• Requires manufacturers seeking to sell electronic cigarette products in Pennsylvania to submit a surety bond to the state of at least $50,000 (Sec. 3).

• Requires retailers, wholesalers, and importers to sell or remove a product that is denied certification under this Act within 30 days of such denial (Sec. 3).

• Requires retailers and wholesalers to sell or remove a product in its existing inventory within 120 days of the first publication of the Attorney General’s directory of certified electronic cigarette products, if the product is not included in the directory (Sec. 3).

• Establishes civil penalties for retailers, wholesalers, and importers who sell products in violation of this Act (Sec. 3).

• Authorizes criminal penalties against individuals who violate this Act (Sec. 3).

• Specifies that this Act takes effect 60 days after passage, unless otherwise stated (Sec. 4).

Full Bill Text