Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0893 Compare Versions

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44 SENATE BILL 893
55 By Stevens
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88 SB0893
99 001978
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1212 AN ACT to amend Tennessee Code Annotated, Title 67,
1313 Chapter 4, relative to heated tobacco products.
1414
1515 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1616 SECTION 1. Tennessee Code Annotated, Section 67-4-1001(2), is amended by
1717 deleting the subsection and substituting instead the following:
1818 (2)
1919 (A) "Cigarette" or "cigarettes" means and includes all rolled, shredded, or
2020 cut tobacco, or any substitute therefor, wrapped in paper, or substitute therefor,
2121 and all rolled, shredded or cut tobacco, or any substitute therefor, wrapped in
2222 homogenized tobacco wrapper, and being within customary cigarette sizes and
2323 marketed in cigarette type packages;
2424 (B) "Cigarette" includes any cigarette produced by a cigarette rolling
2525 machine at a retail establishment;
2626 (C) "Cigarette" includes a "heated tobacco product"; and
2727 (D) "Cigarette" does not include smokeless nicotine products;
2828 SECTION 2. Tennessee Code Annotated, Section 67-4-1001, is amended by adding
2929 the following new subdivision:
3030 ( ) "Heated tobacco product" means a product containing tobacco that produces
3131 an inhalable aerosol:
3232 (i) By heating the tobacco by means of a device without combustion of
3333 the tobacco; or
3434 (ii) By heat generated from a combustion source that only or primarily
3535 heats rather than burns the tobacco;
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4040 SECTION 3. Tennessee Code Annotated, Section 67-4-1004, is amended by deleting
4141 the section and substituting instead the following:
4242 (a) Except as otherwise provided in subsection (e), the rate shall be three cents
4343 (3¢) on each cigarette.
4444 (b) In addition to the tax provided in subsection (a), every dealer or distributor of
4545 tobacco products defined in this part shall pay an enforcement and administration fee to
4646 the department of five hundredths of a cent (0.05¢) per pack of cigarettes for sale in
4747 Tennessee. The fee shall be collected from each dealer or distributor upon the
4848 purchase of tobacco tax stamps from the commissioner.
4949 (c) Any wholesale dealers, jobbers, tobacco distributors, and retail dealers
5050 having cigarette tax stamps, affixed and unaffixed, in their possession on July 1, 2007,
5151 shall not be required to pay the additional cigarette tax on the stamps resulting from the
5252 increase in the tax rate from ten (10) mills to three cents (3¢) on cigarettes bearing the
5353 stamps.
5454 (d)
5555 (1) In addition to the tax provided in subsection (a), there shall be levied
5656 an additional one-tenth of one cent (0.1¢) on each cigarette.
5757 (2) Any wholesale dealers, jobbers, tobacco distributors, and retail
5858 dealers having cigarette tax stamps, affixed and unaffixed, in their possession on
5959 July 1, 2007, shall not be required to pay the additional cigarette tax on the
6060 stamps resulting from the increase in the tax rate of one-tenth of one cent (0.1¢)
6161 on cigarettes bearing the stamps.
6262 (e) For each cigarette that is a heated tobacco product, the tax rate shall be
6363 fifteen hundredths of one cent (0.15¢) on each such cigarette that is a heated tobacco
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6868 product. Subsection (a) does not apply to cigarettes subject to tax under this subsection
6969 (e).
7070 SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.