SENATE BILL 562
By Briggs
HOUSE BILL 591
By Atchley
HB0591
002451
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AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 15 and Title 43, Chapter 27, Part
2, relative to youth access to age-restricted
products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-1503, is amended by deleting
subdivision (11) and substituting:
(11) "Retail vapor product store" means a retail store that sells vapor products
and accessories and affirmatively permits access to its buildings or facilities at all times
to only those persons who are twenty-one (21) years of age or older;
SECTION 2. Tennessee Code Annotated, Section 39-17-1504, is amended by
designating subsection (b) as subdivision (b)(1) and adding the following new subdivision (b)(2):
(2) It is unlawful for a person to sell a vapor product in an establishment other
than a retail vapor product store, except that:
(A) It is lawful for a vapor product containing a hemp-derived cannabinoid
to be sold by a retailer in accordance with title 43, chapter 27, part 2; and
(B) It is lawful for a retail establishment other than a retail vapor product
store to sell a cartridge-based vapor product or vapor cartridge that is not
flavored or that is a traditional cigarette flavor such as tobacco or menthol.
SECTION 3. Tennessee Code Annotated, Section 39-17-1504, is amended by deleting
subsection (d) and substituting:
(d) A person engaged in the sale or distribution of a tobacco, smoking hemp,
vapor product, or smokeless nicotine product shall demand proof of age from a
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prospective purchaser or recipient regardless of age or appearance of age. In the case
of distribution by mail, the distributor of a tobacco, smoking hemp, vapor product, or
smokeless nicotine product shall obtain from the addressee an affirmative statement that
the person is twenty-one (21) years of age or older, and shall inform the recipient that
the person is strictly prohibited from distributing any tobacco, smoking hemp, vapor
product, or smokeless nicotine product, as defined by this part, to any person under
twenty-one (21) years of age.
SECTION 4. Tennessee Code Annotated, Section 39-17-1504, is amended by adding
the following new subsection:
(e) A person engaged in the sale or distribution of vapor products at a retail
vapor product store shall demand proof of age from a person who enters the retail vapor
product store as soon as practicable upon entering the building or facility regardless of
age or appearance of age.
SECTION 5. Tennessee Code Annotated, Section 39-17-1506, is amended by deleting
subsection (a) and substituting:
(a) Every person who sells tobacco, smoking hemp, vapor products, or
smokeless nicotine products at retail shall post conspicuously and keep so posted at the
place of business a sign, no smaller than ninety-three and one-half square inches (93
1/2 sq. in.), to ensure that it is likely to be read at each point of sale, stating the following:
STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO
PRODUCTS, VAPOR PRODUCTS, SM OKELESS NICOTINE PRODUCTS, OR
SMOKING PARAPHERNALIA TO PERSONS UNDER THE AGE OF TWENTY -
ONE (21) YEARS. PROOF OF AGE IS REQUIRED.
SECTION 6. Tennessee Code Annotated, Section 39-17-1506, is amended by deleting
subsection (b) and substituting:
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(1) Except as provided in subdivision (b)(2), unless another notice is required by
federal law, the notice required by subsection (a) and the notice required by ยง 39-15-411
are the only notices regarding tobacco, smoking hemp, vapor products, or smokeless
nicotine products required to be posted or maintained in a store that sells tobacco,
smoking hemp, vapor products, or smokeless nicotine products at retail.
(2) In addition to posting the notices required by subsection (a), each person
who sells vapor products at a retail vapor product store shall post conspicuously and
keep so posted at the place of business a sign, no smaller than ninety-three and one-
half square inches (93 1/2 sq. in.) to ensure that the sign is likely to be read prior to entry
of the facility or building, stating the following:
STATE LAW STRICTLY PROHIBITS ENTRY OF PERSONS UNDER
THE AGE OF TWENTY -ONE (21) YEARS AT THIS PLACE OF BUSINESS.
PROOF OF AGE IS REQUIRED UPON ENTRY.
A person required to post both notices under subsection (a) and this subdivision (b)(2)
may incorporate both notices into a single sign.
SECTION 7. Tennessee Code Annotated, Section 39-17-1507(a), is amended by
deleting "vapor products,"; and is further amended by deleting subsection (b) and substituting:
(b) In any place where supervision of a vending machine, or operation by token
is required by this section, the person responsible for that supervision or the sale of the
token shall demand proof of age from a prospective purchaser regardless of age or
appearance of age.
SECTION 8. Tennessee Code Annotated, Section 39-17-1507, is amended by
designating the existing section as subsection (a) and adding the following subsection (b):
(b) It is unlawful for a person to sell vapor products through a vending machine
unless the vending machine is located in any of the following locations:
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(1) In areas of factories, businesses, offices, or other places that are not
open to the public;
(2) In places that are open to the public but to which persons under
twenty-one (21) years of age are denied access; or
(3) In retail vapor product stores; provided, that a retail establishment
that is not a retail vapor product store may sell cartridge-based vapor products or
vapor cartridges that are not flavored or that are a traditional cigarette flavor,
such as tobacco or menthol, through a vending machine if the machine is under
the continuous supervision of the owner or lessee of the premises or an
employee of the owner or lessee of the premises, or the machine can be
operated only by the use of a token purchased from the owner or lessee of the
premises or an employee of the owner or lessee of the premises prior to each
purchase, and is inaccessible to the public when the establishment is closed.
SECTION 9. Tennessee Code Annotated, Section 39-17-1509, is amended by deleting
subsection (e) and substituting:
(1) The owner or manager of a store that sells tobacco, smoking hemp, vapor
products, or smokeless nicotine products at retail shall provide training to the store's
employees concerning this part. As part of the training, each employee shall, prior to
selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail,
sign a statement containing substantially the following words:
I understand that state law prohibits the sale of tobacco, smoking hemp, vapor
products, or smokeless nicotine products to persons under twenty-one (21) years
of age and that state law requires me to obtain proof of age from a prospective
purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine
products regardless of age or appearance of age. I promise to obey this law, and
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I understand that monetary or criminal penalties may be imposed on me if I
violate this law.
(2) In addition to signing the statement as required under subdivision (e)(1),
each employee of a retail vapor product store shall sign a statement containing
substantially the following words:
I understand that state law prohibits entry of persons under twenty-one (21)
years of age at this store and that state law requires me to obtain proof of age as
soon as practicable upon entry of the store from each person regardless of age
or appearance of age. I promise to obey this law, and I understand that
monetary or criminal penalties may be imposed on me if I violate this law.
(3) If the commissioner assesses a penalty against the store owner or manager,
the owner or manager may present to the commissioner a copy of the statements
described in subdivisions (e)(1) and (2) that were signed by the employee who made the
sale or, where applicable, allowed the continued presence in the store of a person under
twenty-one (21) years of age, along with a sworn statement by the store owner or
manager that the employee had signed the statement prior to the sale or incident, and
the name and address of the employee who made the sale or, where applicable, allowed
the continued presence of the person in the store. If the store owner or manager does
not know which employee made the sale or, where applicable, allowed the continued
presence of the person in the store, then the store owner or manager may present to the
commissioner copies of the statements described in subdivisions (e)(1) and (2) that were
signed by all employees working at the store on the day of the sale or incident, along
with a sworn statement that these employees had signed those statements prior to the
sale or incident.
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(4) If a store owner or manager presents to the commissioner the statements
described in subdivision (e)(3):
(A) If the violation is the first violation determined to have occurred at that
store, the penalty against the store owner or manager must not be assessed; or
(B) If the violation is the second or subsequent violation determined to
have occurred at that store, the commissioner shall consider that evidence and
any other evidence with respect to the amount of the penalty assessed against
the store owner or manager.
SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it.