The Virginia attorney general’s office is rolling out a new enforcement unit that will oversee the enforcement of new state laws regulating the sale of liquid nicotine vapor products, THC and hemp-derived products, kratom and related intoxicants.
Retail stores in Virginia are now required to obtain a permit to sell liquid vape and tobacco products, per one new state law that went into effect on July 1, and per another, Virginia ABC was tapped to lead enforcement efforts regarding the minimum age requirement to purchase vape and tobacco products, and ensuring that only products on the state directory are available for sale.
Businesses have until October to apply for the retail permits, which come with a $400 application fee, which will be used to fund new positions within ABC for enforcement.
A big push with the new laws is to crack down on the sale of tobacco and vape products to people under 21.
State law now requires “unannounced buyer operation at least once every 24 months to verify that a permittee, defined in the bill, is not selling retail tobacco products to persons under 21 years of age.”
The public health goal there: according to The Virginia Foundation for Healthy Youth 2024 annual report, the smoking rate among high school students dropped from 28.6 percent to 2 percent between 2001 and 2024, but at the same time, 8.1 percent of high school students reported using e-cigarettes/vapes in 2023.
The unit in the Virginia OAG will centralize these responsibilities within a specialized team dedicated to civil enforcement, retail compliance, directory administration, stakeholder engagement and public education.
“We know that most businesses, retailers, manufacturers, and distributors want to follow the rules, and Virginians want to know what they are consuming. This new unit will educate Virginians and ensure strong accountability for bad actors who violate the law and put our communities at risk,” Attorney General Jay Jones said in a statement highlighted in a press release sent out from his office on Thursday.
The Regulated Products Enforcement Unit within the OAG will administer and maintain the state Liquid Nicotine and Vapor Product Certification Directory, review manufacturer certifications and supporting documentation, evaluate product eligibility, monitor changes in federal regulatory status, and coordinate with regulated entities to ensure that only authorized products are offered for sale in Virginia.
The Office of Attorney General hosts and maintains the directory, which lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted.
Violations of the law regarding the sale of products not on the directory are $5,000 per product for a first violation, $10,000 per product for a second violation, and $15,000 per product for a third violation.
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Chris Graham
