Sale of Tobacco Products and Electronic Nicotine Delivery Systems

(A) No person shall sell or provide a tobacco product to any individual younger than 21 years old, as verified by said person's valid government-issued photographic identification. (B) Retail establishments other than retail tobacco stores or smoking bars shall not place any tobacco product on the counter, but shall place all tobacco products for sale behind the counter where retail sales are made in the establishment and out of the reach of consumers. (C) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter outside of a retail tobacco store or smoking bar. Retail establishments, including retail tobacco stores or smoking bars, may sell or provide unflavored electronic nicotine delivery systems with nicotine content less than or equal to 35 milligrams per milliliter. Prior to the sale of such a product in a retail establishment other than a retail tobacco store or smoking bar, such retail establishment shall obtain documentation from the product's manufacturer or the manufacturer’s agent in a form and manner specified by the Department indicating, at a minimum, the nicotine content expressed as milligrams per milliliter for each electronic nicotine delivery system to be sold in the retail establishment. A retail establishment may obtain such documentation through a distributor, provided the distributor obtained such documentation from the product manufacturer or the manufacturer’s agent. The owner, retailer, or other person in charge of the retail establishment must maintain record of the nicotine content submitted by the manufacturer for each electronic nicotine delivery system sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent, including Boards of Health or their agents and the Department or its agents. (D) No person shall sell, distribute, cause to be sold or distributed, or offer for sale to a consumer located in the Commonwealth a flavored tobacco product or tobacco product flavor enhancer, except for a smoking bar for on-site consumption only in accordance with federal law and regulations. (E) Prior to the sale of a tobacco product, a retail establishment other than a smoking bar shall obtain documentation from the product’s manufacturer or the manufacturer’s agent in a form and manner specified by the Department, certifying such tobacco product does not meet the definition of a flavored tobacco product or tobacco product flavor enhancer, and that the product lacks any characterizing flavor. A retail establishment may obtain such documentation through a distributor, provided the distributor obtained such documentation from the product manufacturer or the manufacturer’s agent. The owner, retailer, or other person in charge of the retail establishment must maintain record of the certification documentation submitted by the manufacturer for each tobacco product sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent, including Boards of Health or their agents and the Department or its agents. (F) No person shall sell online, distribute online, or cause to be sold or distributed online to any consumer located in the Commonwealth, an electronic nicotine delivery system, except for a non-flavored electronic nicotine delivery system with nicotine content less than or equal to 35 milligrams per milliliter.