{"data":{"id":"us-ky/krs-438.328","jurisdiction":"us-ky","citation":"KRS 438.328","heading":"Delivery or shipment of tobacco products, alternative nicotine products, or","body":"vapor products -- Restrictions -- Required label and signature of recipient --\nAge verification -- Definitions for section -- Exceptions -- Penalties.\n(1) As used in this section:\n(a) \"Pipe tobacco\" means any tobacco which, because of its appearance, type,\npackaging, or labeling, is suitable for use and likely to be offered to or\npurchased by consumers as tobacco to be smoked in a pipe; and\n(b) \"Premium cigar\" means a cigar that:\n1. Is wrapped in whole leaf tobacco;\n2. Contains a one hundred percent (100%) leaf tobacco binder;\n3. Is made by manually combining the wrapper, filler, and binder;\n4. Has no filter, tip, or nontobacco mouthpiece and is capped by hand; and\n5. Weighs more than six (6) pounds per one thousand (1,000) units.\n(2) (a) A retailer shall notify a consumer placing an order for any tobacco products,\nalternative nicotine products, or vapor products that the shipment or delivery\nshall not be completed unless the recipient of the shipment or delivery\nprovides a valid identifica tion document at the time of the shipment or\ndelivery verifying that the recipient is at least twenty-one (21) years of age.\n(b) For purposes of this subsection, tobacco products shall not include premium\ncigars or pipe tobacco.\n(c) All tobacco product, al ternative nicotine product, or vapor product containers\nshipped or delivered to a consumer shall be conspicuously labeled with the\nwords: \"CONTAINS TOBACCO OR NICOTINE PRODUCTS.\"\n(3) At the time of delivery, the recipient of the shipment or delivery shall present to the\nindividual delivering the package a valid identification document. Prior to\ntransferring possession of the package, the individual delivering the package shall\nvisually inspect the document and verify the identity of the recipient and, by vi sual\nexamination or by using age verification technology, that the recipient is at least\ntwenty-one (21) years of age.\n(4) Before transferring possession of the package, the individual delivering the package\nshall obtain the signature of the recipient of t he shipment or delivery. The\nindividual who receives and signs for the tobacco products, alternative nicotine\nproducts, or vapor products is not required to be the consumer who purchased the\ntobacco products, alternative nicotine products, or vapor products.\n(5) A retailer or common or private carrier that fails to comply with this section shall:\n(a) For the first offense, be guilty of a violation punishable by a fine of five\nhundred dollars ($500); and\n(b) For each subsequent offense, be guilty of a viola tion punishable by a fine of\none thousand dollars ($1,000).\n(6) A consumer who intentionally causes an unlawful shipment or delivery under this\nsection shall:\n(a) For the first offense, be guilty of a violation punishable by a fine of two\nhundred fifty dollars ($250); and\n(b) For each subsequent offense, be guilty of a violation punishable by a fine of\nfive hundred dollars ($500).\nThe retailer and the common or private carrier shall not be liable for a violation of\nthis subsection.\n(7) If a common or private carrier is unable to complete delivery under this section, the\ntobacco products, alternative nicotine products, or vapor products shall be returned\nto the retailer.\n(8) For purposes of this section, tobacco products shall not include premium cigars or\npipe tobacco.\n(9) This section shall not be construed to authorize any person under twenty -one (21)\nyears of age to order, purchase, receive, or use tobacco products.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56788","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"2294934b7933c6782a8884beee63ab38ea14133fc9cfdd0da94c1e67d12c4e6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.325","next":"us-ky/krs-438.330"},"notice":"GroundRules: Original legal text. Not legal advice."}