On April 5th, Kentucky Governor Andy Beshear signed House Bill 11 into law, marking a significant development in the regulation of vaping products within the state. This new legislation positions Kentucky as the sixth state in the U.S. to enforce a vape registry law, setting a precedent for stringent market controls aimed at enhancing consumer safety.
Key Provisions of the New Kentucky Vape Registry Law
The newly signed law introduces several important measures:
- FDA Compliance: It will be illegal to sell vaping products in Kentucky that do not have marketing authorization from the U.S. Food and Drug Administration (FDA). This includes products still under review or those that have received a marketing denial order (MDO), unless the MDO has been stayed or reversed by the FDA or a court.
- State Certification Requirement: Manufacturers must certify that each product complies with Kentucky state requirements before it can be sold.
- Retailer and Wholesaler Regulations:
- The Secretary of State is required to create and publish a list of certain tobacco product retailers.
- The Department of Alcoholic Beverage Control must establish and maintain a tobacco noncompliance database and reporting system.
- Wholesalers must verify a retailer’s compliance status before conducting transactions and face fines for unlawful sales to noncompliant retailers.
- Retailers with unpaid fines over 60 days old will be barred from selling Tobacco Control Act-covered products until fines are settled.
Enhanced Age Restrictions and Safe Harbor Provisions
The law also reinforces the prohibition of selling Tobacco Control Act products to individuals under 21 years of age. In addition, it directs manufacturers to provide safe harbor certification to wholesalers and retailers, ensuring all parties in the supply chain adhere to regulatory standards.
Implications and Enforcement
Kentucky’s approach follows similar initiatives in states like Alabama, Louisiana, Oklahoma, Wisconsin, and Utah, each adopting measures to control the distribution and sale of vape products more strictly. Wisconsin and Utah are also set to implement their respective laws on July 1, 2025, and January 1, 2025, respectively, with Utah incorporating a flavor ban as part of its legislation.
Impact on Public Health and Industry
This legislative move is expected to not only streamline the oversight of vaping products but also significantly impact public health. By ensuring that only FDA-approved products are sold, Kentucky aims to reduce the risks associated with unregulated vaping products. The law also potentially sets a new standard for other states considering similar regulatory frameworks.
Looking Ahead
As the vaping industry continues to evolve, Kentucky’s vape registry law represents a proactive approach to ensuring that vaping remains a safer alternative to smoking, without compromising public health. Other states are likely to watch closely as Kentucky implements these regulations, potentially influencing future legislation across the country.
