{"data":{"id":"us-ky/krs-438.308","jurisdiction":"us-ky","citation":"KRS 438.308","heading":"Duties and responsibilities of manufacturers of nicotine vapor products.","body":"(1) A manufacturer of nicotine vapor products shall:\n(a) Only sell authorized nicotine vapor products;\n(b) Provide information necessary to establish its product  meets the definition of\nan authorized nicotine vapor product as defined in KRS 438.305 directly to a\nwholesaler or retailer distributing or selling the manufacturer's product in\naccordance with paragraph (d) of this subsection;\n(c) Comply with paragraph (b) of this subsection by providing:\n1. Proof of authorization by the FDA;\n2. A copy of the first page of the communication from the FDA reflecting\nan acceptance for review or the submission tracking number; or\n3. If an appeal is pending, a copy of the firs t page of the document filed\nwith the applicable agency or court;\nwhich may be provided and maintained in hard copy or electronic form; and\n(d) Provide the information from paragraph (b) of this subsection directly to a:\n1. Kentucky-licensed wholesaler that the manufacturer is utilizing to\ndistribute its product; or\n2. Retailer if the manufacturer is not utilizing a Kentucky -licensed\nwholesaler to distribute its product.\n(2) If the FDA or a court of competent jurisdiction takes final action that removes an\nauthorized nicotine vapor product from the market, the manufacturer shall provide\nnotice of the final action to any wholesaler or retailer that has purchased the vapor\nproduct from the manufacturer within thirty (30) days of the final action being\ntaken.\n(3) A manufacturer that fails to provide the information required in subsection (1) of\nthis section or provides false or misleading information t o retailers or wholesalers\nviolates this section and shall be subject to a fine of:\n(a) Twenty-five thousand dollars ($25,000) for a first citation issued for a\nviolation of this section;\n(b) Fifty thousand dollars ($50,000) for a second citation issued fo r a violation of\nthis section; and\n(c) Seventy-five thousand dollars ($75,000) for a third or subsequent citation\nissued for a violation of this section.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55907","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"d4cb57c9f98fb649d8ea106767f4c25c85f81696a6c08d42ac3164acd3bfc2c3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.3071","next":"us-ky/krs-438.309"},"notice":"GroundRules: Original legal text. Not legal advice."}