438.312 Prohibition on retailers distributing authorized nicotine vapor products to
325 words·~1 min read·
/ky/438-312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
any person under age 21 -- Affirmative defense -- Penalties.
(1)A retailer shall not sell, give away, or distribute an authorized nicotine vapor
product or tobacco product to any person under twenty-one
(21)years of age. A
retailer who sells a tobacco product to a person under twenty-one
(21)years of age
shall be subject to the penalties listed in KRS 438.310(4).
(a)A retailer shall have an affirmative defense to a violation of subsection
(1)of
this section if the sale was induced by the use of false, fraudulent, or altered
identification papers or other documents.
(b)Evidence to support an affirmative defense under this subsection may be
introduced either in mitigation of the violation or as a defense to the violation
itself.
(3)Any retailer that violates subsection
(1)of this section regarding authorized nicotine
vapor products shall be subject to a:
(a)One hundred dollar ($100) fine to the retail sales clerk for a first citation and a
notice to the owner of a retail establishment which details the violation;
(b)One hundred dollar ($100) fine to the retail sales clerk and an additional five
hundred dollar ($500) fine to the owner of a retail establishment for a second
citation;
(c)One hundred dollar ($100) fine to the retail sales clerk and an additional one
thousand dollar ($1,000) fine to the owner of a retail establishment for a third
citation; and
(d)Revocation of the tobacco, nicotine, or vapor product license upon a fourth
citation. Revocation for any fourth and subsequent citation within a two
year period shall result in the inability to reapply for a license for two
years.
(4)Each citation shall be specific to the premises of the retail establishment where the
violation occurred.
(5)Any retailer with unpaid fines under this section that are more than sixty
(60)days
overdue shall lose the ability to lawfully sell vapor products until the fines are paid.