{"data":{"id":"us-ky/krs-438.312","jurisdiction":"us-ky","citation":"KRS 438.312","heading":"Prohibition on retailers distributing authorized nicotine vapor products to","body":"any person under age 21 -- Affirmative defense -- Penalties.\n(1) A retailer shall not sell, give away, or distribute an authorized nicotine vapor\nproduct or t obacco product to any person under twenty -one (21) years of age. A\nretailer who sells a tobacco product to a person under twenty -one (21) years of age\nshall be subject to the penalties listed in KRS 438.310(4).\n(2) (a) A retailer shall have an affirmative defense to a violation of subsection (1) of\nthis section if the sale was induced by the use of false, fraudulent, or altered\nidentification papers or other documents.\n(b) Evidence to support an affirmative defense under this subsection may be\nintroduced either in mitigation of the violation or as a defense to the violation\nitself.\n(3) Any retailer that violates subsection (1) of this section regarding authorized nicotine\nvapor products shall be subject to a:\n(a) One hundred dollar ($100) fine to the retail sales clerk for a first citation and a\nnotice to the owner of a retail establishment which details the violation;\n(b) One hundred dollar ($100) fine to the retail sales clerk and an additional five\nhundred dollar ($500) fine to the owner of a retail establ ishment for a second\ncitation;\n(c) One hundred dollar ($100) fine to the retail sales clerk and an additional one\nthousand dollar ($1,000) fine to the owner of a retail establishment for a third\ncitation; and\n(d) On or after July 1, 2026, revocation of the  tobacco, nicotine, or vapor product\nlicense upon a fourth citation. Revocation for any fourth and subsequent\ncitation within a two (2) year period shall result in the inability to reapply for\na license for two (2) years.\n(4) Each citation shall be specific to the premises of the retail establishment where the\nviolation occurred.\n(5) Any retailer with unpaid fines under this section that are more than sixty (60) days\noverdue shall lose the ability to lawfully sell vapor products until the fines are paid.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56756","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"01e32c3e8d75470fedabe8eb7a1c3b055e77009bb56a4c9074c098d9cc23b14a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.311","next":"us-ky/krs-438.313"},"notice":"GroundRules: Original legal text. Not legal advice."}