KRS 438.312: Prohibition on retailers distributing authorized nicotine vapor products to

any person under age 21 -- Affirmative defense -- Penalties.

(1) A retailer shall not sell, give away, or distribute an authorized nicotine vapor

product or t obacco 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).

(2) (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 establ ishment 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) On or after July 1, 2026, revocation of the tobacco, nicotine, or vapor product

license upon a fourth citation. Revocation for any fourth and subsequent

citation within a two (2) year period shall result in the inability to reapply for

a license for two (2) 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.