Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0591 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 562
3	3	By Briggs
4	4
5	5	HOUSE BILL 591
6	6	By Atchley
7	7
8	8
9	9	HB0591
10	10	002451
11	11	- 1 -
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13	13	AN ACT to amend Tennessee Code Annotated, Title 39,
14	14	Chapter 17, Part 15 and Title 43, Chapter 27, Part
15	15	2, relative to youth access to age-restricted
16	16	products.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Section 39-17-1503, is amended by deleting
20	20	subdivision (11) and substituting:
21	21	(11) "Retail vapor product store" means a retail store that sells vapor products
22	22	and accessories and affirmatively permits access to its buildings or facilities at all times
23	23	to only those persons who are twenty-one (21) years of age or older;
24	24	SECTION 2. Tennessee Code Annotated, Section 39-17-1504, is amended by
25	25	designating subsection (b) as subdivision (b)(1) and adding the following new subdivision (b)(2):
26	26	(2) It is unlawful for a person to sell a vapor product in an establishment other
27	27	than a retail vapor product store, except that:
28	28	(A) It is lawful for a vapor product containing a hemp-derived cannabinoid
29	29	to be sold by a retailer in accordance with title 43, chapter 27, part 2; and
30	30	(B) It is lawful for a retail establishment other than a retail vapor product
31	31	store to sell a cartridge-based vapor product or vapor cartridge that is not
32	32	flavored or that is a traditional cigarette flavor such as tobacco or menthol.
33	33	SECTION 3. Tennessee Code Annotated, Section 39-17-1504, is amended by deleting
34	34	subsection (d) and substituting:
35	35	(d) A person engaged in the sale or distribution of a tobacco, smoking hemp,
36	36	vapor product, or smokeless nicotine product shall demand proof of age from a
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38	38
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41	41	prospective purchaser or recipient regardless of age or appearance of age. In the case
42	42	of distribution by mail, the distributor of a tobacco, smoking hemp, vapor product, or
43	43	smokeless nicotine product shall obtain from the addressee an affirmative statement that
44	44	the person is twenty-one (21) years of age or older, and shall inform the recipient that
45	45	the person is strictly prohibited from distributing any tobacco, smoking hemp, vapor
46	46	product, or smokeless nicotine product, as defined by this part, to any person under
47	47	twenty-one (21) years of age.
48	48	SECTION 4. Tennessee Code Annotated, Section 39-17-1504, is amended by adding
49	49	the following new subsection:
50	50	(e) A person engaged in the sale or distribution of vapor products at a retail
51	51	vapor product store shall demand proof of age from a person who enters the retail vapor
52	52	product store as soon as practicable upon entering the building or facility regardless of
53	53	age or appearance of age.
54	54	SECTION 5. Tennessee Code Annotated, Section 39-17-1506, is amended by deleting
55	55	subsection (a) and substituting:
56	56	(a) Every person who sells tobacco, smoking hemp, vapor products, or
57	57	smokeless nicotine products at retail shall post conspicuously and keep so posted at the
58	58	place of business a sign, no smaller than ninety-three and one-half square inches (93
59	59	1/2 sq. in.), to ensure that it is likely to be read at each point of sale, stating the following:
60	60	STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO
61	61	PRODUCTS, VAPOR PRODUCTS, SM OKELESS NICOTINE PRODUCTS, OR
62	62	SMOKING PARAPHERNALIA TO PERSONS UNDER THE AGE OF TWENTY -
63	63	ONE (21) YEARS. PROOF OF AGE IS REQUIRED.
64	64	SECTION 6. Tennessee Code Annotated, Section 39-17-1506, is amended by deleting
65	65	subsection (b) and substituting:
66	66
67	67
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70	70	(1) Except as provided in subdivision (b)(2), unless another notice is required by
71	71	federal law, the notice required by subsection (a) and the notice required by § 39-15-411
72	72	are the only notices regarding tobacco, smoking hemp, vapor products, or smokeless
73	73	nicotine products required to be posted or maintained in a store that sells tobacco,
74	74	smoking hemp, vapor products, or smokeless nicotine products at retail.
75	75	(2) In addition to posting the notices required by subsection (a), each person
76	76	who sells vapor products at a retail vapor product store shall post conspicuously and
77	77	keep so posted at the place of business a sign, no smaller than ninety-three and one-
78	78	half square inches (93 1/2 sq. in.) to ensure that the sign is likely to be read prior to entry
79	79	of the facility or building, stating the following:
80	80	STATE LAW STRICTLY PROHIBITS ENTRY OF PERSONS UNDER
81	81	THE AGE OF TWENTY -ONE (21) YEARS AT THIS PLACE OF BUSINESS.
82	82	PROOF OF AGE IS REQUIRED UPON ENTRY.
83	83	A person required to post both notices under subsection (a) and this subdivision (b)(2)
84	84	may incorporate both notices into a single sign.
85	85	SECTION 7. Tennessee Code Annotated, Section 39-17-1507(a), is amended by
86	86	deleting "vapor products,"; and is further amended by deleting subsection (b) and substituting:
87	87	(b) In any place where supervision of a vending machine, or operation by token
88	88	is required by this section, the person responsible for that supervision or the sale of the
89	89	token shall demand proof of age from a prospective purchaser regardless of age or
90	90	appearance of age.
91	91	SECTION 8. Tennessee Code Annotated, Section 39-17-1507, is amended by
92	92	designating the existing section as subsection (a) and adding the following subsection (b):
93	93	(b) It is unlawful for a person to sell vapor products through a vending machine
94	94	unless the vending machine is located in any of the following locations:
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99	99	(1) In areas of factories, businesses, offices, or other places that are not
100	100	open to the public;
101	101	(2) In places that are open to the public but to which persons under
102	102	twenty-one (21) years of age are denied access; or
103	103	(3) In retail vapor product stores; provided, that a retail establishment
104	104	that is not a retail vapor product store may sell cartridge-based vapor products or
105	105	vapor cartridges that are not flavored or that are a traditional cigarette flavor,
106	106	such as tobacco or menthol, through a vending machine if the machine is under
107	107	the continuous supervision of the owner or lessee of the premises or an
108	108	employee of the owner or lessee of the premises, or the machine can be
109	109	operated only by the use of a token purchased from the owner or lessee of the
110	110	premises or an employee of the owner or lessee of the premises prior to each
111	111	purchase, and is inaccessible to the public when the establishment is closed.
112	112	SECTION 9. Tennessee Code Annotated, Section 39-17-1509, is amended by deleting
113	113	subsection (e) and substituting:
114	114	(1) The owner or manager of a store that sells tobacco, smoking hemp, vapor
115	115	products, or smokeless nicotine products at retail shall provide training to the store's
116	116	employees concerning this part. As part of the training, each employee shall, prior to
117	117	selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail,
118	118	sign a statement containing substantially the following words:
119	119	I understand that state law prohibits the sale of tobacco, smoking hemp, vapor
120	120	products, or smokeless nicotine products to persons under twenty-one (21) years
121	121	of age and that state law requires me to obtain proof of age from a prospective
122	122	purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine
123	123	products regardless of age or appearance of age. I promise to obey this law, and
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128	128	I understand that monetary or criminal penalties may be imposed on me if I
129	129	violate this law.
130	130	(2) In addition to signing the statement as required under subdivision (e)(1),
131	131	each employee of a retail vapor product store shall sign a statement containing
132	132	substantially the following words:
133	133	I understand that state law prohibits entry of persons under twenty-one (21)
134	134	years of age at this store and that state law requires me to obtain proof of age as
135	135	soon as practicable upon entry of the store from each person regardless of age
136	136	or appearance of age. I promise to obey this law, and I understand that
137	137	monetary or criminal penalties may be imposed on me if I violate this law.
138	138	(3) If the commissioner assesses a penalty against the store owner or manager,
139	139	the owner or manager may present to the commissioner a copy of the statements
140	140	described in subdivisions (e)(1) and (2) that were signed by the employee who made the
141	141	sale or, where applicable, allowed the continued presence in the store of a person under
142	142	twenty-one (21) years of age, along with a sworn statement by the store owner or
143	143	manager that the employee had signed the statement prior to the sale or incident, and
144	144	the name and address of the employee who made the sale or, where applicable, allowed
145	145	the continued presence of the person in the store. If the store owner or manager does
146	146	not know which employee made the sale or, where applicable, allowed the continued
147	147	presence of the person in the store, then the store owner or manager may present to the
148	148	commissioner copies of the statements described in subdivisions (e)(1) and (2) that were
149	149	signed by all employees working at the store on the day of the sale or incident, along
150	150	with a sworn statement that these employees had signed those statements prior to the
151	151	sale or incident.
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156	156	(4) If a store owner or manager presents to the commissioner the statements
157	157	described in subdivision (e)(3):
158	158	(A) If the violation is the first violation determined to have occurred at that
159	159	store, the penalty against the store owner or manager must not be assessed; or
160	160	(B) If the violation is the second or subsequent violation determined to
161	161	have occurred at that store, the commissioner shall consider that evidence and
162	162	any other evidence with respect to the amount of the penalty assessed against
163	163	the store owner or manager.
164	164	SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it.