{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-293.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-293.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-293.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-293.12.html"}],"law_id":61382,"edition_id":1,"section_id":61382,"structure_id":14028,"section_number":"59.1-293.12","catch_line":"Restrictions on the sale of retail tobacco products to minors; penalties","history":"2024, cc. 796, 821.","full_text":"A\n\nA retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246.10, 18.2-371.2, and 59.1-293.13, and any other state or local law related to the sale of retail tobacco products. If the Department determines that a retail dealer has violated any such provision of law, the Department may suspend or revoke such retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or Other Tobacco Products (OTP) Distributor’s License.B\n\n1. For each retail dealer, the Department shall conduct an unannounced investigation at least once every 24 months to verify that the retail dealer is not selling retail tobacco products to persons under 21 years of age. If the Department determines that the retail dealer has violated any provision of this section, \u00a7 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other state or local law related to the sale of retail tobacco products, it shall conduct an unannounced investigation of the retail dealer within six months of such violation.2\n\nIf the Department determines that a retail dealer, or a retail dealer’s agent or employee, sold a retail tobacco product to a person under 21 years of age or violated subsection A or B of § 18.2-371.2, the Department shall impose and the retail dealer shall be subject to:\n\t\t\t\ta. For the first violation in a 36-month period, a penalty of no less than $1,000;\n\t\t\t\tb. For a second violation in a 36-month period, a penalty of no less than $5,000. Any retail dealer found to be in violation of this subdivision 2 b shall be required to verify that any consumer who appears to be under 30 years of age is of legal age by verifying such consumer’s government-issued photographic identification using fraud detection software, technology, or a scanner that confirms the authenticity of such identification; and\n\t\t\t\tc. For a third violation in a 36-month period, a penalty of no less than $10,000 and a 30-day suspension of the retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License.\n\t\t\t\td. For a fourth violation in a 36-month period, revocation of the retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License, and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation.3\n\nAny civil penalties assessed pursuant to this section shall be paid into the Tobacco Retail Enforcement Fund, established pursuant to § 59.1-293.14.C\n\nThe Department shall collaborate with the Virginia Alcoholic Beverage Control Authority and local law enforcement to the extent possible to enforce the provisions of this section and § 4.1-103.01.","order_by":null,"text":{"0":{"id":224225,"text":"A retail dealer shall comply with the provisions of this section, §§ 18.2-246.8, 18.2-246.10, 18.2-371.2, and 59.1-293.13, and any other state or local law related to the sale of retail tobacco products. If the Department determines that a retail dealer has violated any such provision of law, the Department may suspend or revoke such retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or Other Tobacco Products (OTP) Distributor’s License.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224226,"text":"1. For each retail dealer, the Department shall conduct an unannounced investigation at least once every 24 months to verify that the retail dealer is not selling retail tobacco products to persons under 21 years of age. If the Department determines that the retail dealer has violated any provision of this section, \u00a7 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other state or local law related to the sale of retail tobacco products, it shall conduct an unannounced investigation of the retail dealer within six months of such violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":224227,"text":"If the Department determines that a retail dealer, or a retail dealer’s agent or employee, sold a retail tobacco product to a person under 21 years of age or violated subsection A or B of § 18.2-371.2, the Department shall impose and the retail dealer shall be subject to:\n\t\t\t\ta. For the first violation in a 36-month period, a penalty of no less than $1,000;\n\t\t\t\tb. For a second violation in a 36-month period, a penalty of no less than $5,000. Any retail dealer found to be in violation of this subdivision 2 b shall be required to verify that any consumer who appears to be under 30 years of age is of legal age by verifying such consumer’s government-issued photographic identification using fraud detection software, technology, or a scanner that confirms the authenticity of such identification; and\n\t\t\t\tc. For a third violation in a 36-month period, a penalty of no less than $10,000 and a 30-day suspension of the retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License.\n\t\t\t\td. For a fourth violation in a 36-month period, revocation of the retail dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License, and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":224228,"text":"Any civil penalties assessed pursuant to this section shall be paid into the Tobacco Retail Enforcement Fund, established pursuant to § 59.1-293.14.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"4":{"id":224229,"text":"The Department shall collaborate with the Virginia Alcoholic Beverage Control Authority and local law enforcement to the extent possible to enforce the provisions of this section and § 4.1-103.01.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":14028,"edition_id":1,"name":"Retail Tobacco Products and Nicotine Vapor Products Containing Liquid Nicotine","identifier":"23.2","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":260535,"object_type":"structure","relational_id":14028,"identifier":"23.2","token":"59.1\/23.2","url":"\/59.1\/23.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61466,"structure_id":14028,"section_number":"59.1-293.10","catch_line":"Definitions","url":"\/59.1-293.10\/","token":"59.1\/23.2\/59.1-293.10","metadata":false},{"id":77672,"structure_id":14028,"section_number":"59.1-293.11","catch_line":"Sale or distribution of liquid nicotine container; prohibition; penalty","url":"\/59.1-293.11\/","token":"59.1\/23.2\/59.1-293.11","metadata":false},{"id":61382,"structure_id":14028,"section_number":"59.1-293.12","catch_line":"Restrictions on the sale of retail tobacco products to minors; penalties","url":"\/59.1-293.12\/","token":"59.1\/23.2\/59.1-293.12","metadata":false},{"id":83733,"structure_id":14028,"section_number":"59.1-293.13","catch_line":"Required education for retail dealers and employees","url":"\/59.1-293.13\/","token":"59.1\/23.2\/59.1-293.13","metadata":false},{"id":87287,"structure_id":14028,"section_number":"59.1-293.14","catch_line":"Tobacco Retail Enforcement Fund","url":"\/59.1-293.14\/","token":"59.1\/23.2\/59.1-293.14","metadata":false},{"id":75280,"structure_id":14028,"section_number":"59.1-293.15","catch_line":"Liquid nicotine and nicotine vapor product; directory","url":"\/59.1-293.15\/","token":"59.1\/23.2\/59.1-293.15","metadata":false},{"id":80509,"structure_id":14028,"section_number":"59.1-293.16","catch_line":"Liquid nicotine and nicotine vapor product; certification; penalty","url":"\/59.1-293.16\/","token":"59.1\/23.2\/59.1-293.16","metadata":false},{"id":58317,"structure_id":14028,"section_number":"59.1-293.17","catch_line":"Removal or exclusion from directory","url":"\/59.1-293.17\/","token":"59.1\/23.2\/59.1-293.17","metadata":false},{"id":55119,"structure_id":14028,"section_number":"59.1-293.18","catch_line":"Agent for service of process","url":"\/59.1-293.18\/","token":"59.1\/23.2\/59.1-293.18","metadata":false},{"id":79397,"structure_id":14028,"section_number":"59.1-293.19","catch_line":"Recordkeeping; audits, inspections, and investigations; penalties","url":"\/59.1-293.19\/","token":"59.1\/23.2\/59.1-293.19","metadata":false},{"id":67514,"structure_id":14028,"section_number":"59.1-293.20","catch_line":"Sale or distribution prohibited","url":"\/59.1-293.20\/","token":"59.1\/23.2\/59.1-293.20","metadata":false},{"id":80813,"structure_id":14028,"section_number":"59.1-293.21","catch_line":"(Effective July 1, 2025) Enforcement; inspection","url":"\/59.1-293.21\/","token":"59.1\/23.2\/59.1-293.21","metadata":false},{"id":78443,"structure_id":14028,"section_number":"59.1-293.22","catch_line":"Liquid nicotine and nicotine vapor product; report","url":"\/59.1-293.22\/","token":"59.1\/23.2\/59.1-293.22","metadata":false}],"previous_section":{"id":77672,"structure_id":14028,"section_number":"59.1-293.11","catch_line":"Sale or distribution of liquid nicotine container; prohibition; penalty","url":"\/59.1-293.11\/","token":"59.1\/23.2\/59.1-293.11","metadata":false},"next_section":{"id":83733,"structure_id":14028,"section_number":"59.1-293.13","catch_line":"Required education for retail dealers and employees","url":"\/59.1-293.13\/","token":"59.1\/23.2\/59.1-293.13","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-293.12\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapters 796<\/a> and 821<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":68538,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","order_by":null,"url":"\/18.2-371.2\/"},{"id":56399,"section_number":"58.1-1021.07","catch_line":"Retail sales of liquid nicotine and nicotine vapor products; identification and use by minors","order_by":null,"url":"\/58.1-1021.07\/"},{"id":83733,"section_number":"59.1-293.13","catch_line":"Required education for retail dealers and employees","order_by":null,"url":"\/59.1-293.13\/"},{"id":87287,"section_number":"59.1-293.14","catch_line":"Tobacco Retail Enforcement Fund","order_by":null,"url":"\/59.1-293.14\/"},{"id":55119,"section_number":"59.1-293.18","catch_line":"Agent for service of process","order_by":null,"url":"\/59.1-293.18\/"}],"refers_to":[{"id":77474,"section_number":"18.2-246.10","catch_line":"Shipping requirements","order_by":null,"url":"\/18.2-246.10\/"},{"id":68786,"section_number":"18.2-246.8","catch_line":"Age verification requirements","order_by":null,"url":"\/18.2-246.8\/"},{"id":68538,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","order_by":null,"url":"\/18.2-371.2\/"},{"id":75212,"section_number":"4.1-103.01","catch_line":"Additional powers; access to certain tobacco sales records; inspections; penalty","order_by":null,"url":"\/4.1-103.01\/"},{"id":83733,"section_number":"59.1-293.13","catch_line":"Required education for retail dealers and employees","order_by":null,"url":"\/59.1-293.13\/"}],"permalink":{"id":260545,"object_type":"law","relational_id":61382,"identifier":"59.1-293.12","token":"59.1\/23.2\/59.1-293.12","url":"\/59.1-293.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-293.12\/","token":"59.1\/23.2\/59.1-293.12","dublin_core":{"Title":"Restrictions on the sale of retail tobacco products to minors; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-293.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A retail dealer<\/span> shall comply with the provisions of this section, §§ 18.2-246.8<\/a>, 18.2-246.10<\/a>, 18.2-371.2<\/a>, and 59.1-293.13<\/a>, and any other state or local law<\/span> related to the sale of retail tobacco products<\/span>. If the Department<\/span> determines that a retail dealer<\/span> has violated any such provision of law<\/span>, the Department<\/span> may suspend or revoke such retail dealer<\/span>’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or Other Tobacco Products (OTP) Distributor’s License. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. For each retail dealer<\/span>, the Department<\/span> shall conduct an unannounced investigation at least once every 24 months to verify that the retail dealer<\/span> is not selling retail tobacco products<\/span> to persons under 21 years of age. If the Department<\/span> determines that the retail dealer<\/span> has violated any provision of this section, \u00a7 18.2-246.8<\/a>, 18.2-246.10<\/a>, 18.2-371.2<\/a>, or 59.1-293.13<\/a>, or any other state or local law<\/span> related to the sale of retail tobacco products<\/span>, it shall conduct an unannounced investigation of the retail dealer<\/span> within six months of such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the Department<\/span> determines that a retail dealer<\/span>, or a retail dealer<\/span>’s agent or employee, sold a retail tobacco product<\/span> to a person under 21 years of age or violated subsection A or B of § 18.2-371.2<\/a>, the Department<\/span> shall impose and the retail dealer<\/span> shall be subject to:\n\t\t\t\ta. For the first violation in a 36-month period, a penalty<\/span> of no less than $1,000;\n\t\t\t\tb. For a second violation in a 36-month period, a penalty<\/span> of no less than $5,000. Any retail dealer<\/span> found to be in violation of this subdivision 2 b shall be required to verify that any consumer who appears to be under 30 years of age is of legal age by verifying such consumer’s government-issued photographic identification using fraud<\/span> detection software, technology, or a scanner that confirms the authenticity of such identification; and\n\t\t\t\tc. For a third violation in a 36-month period, a penalty<\/span> of no less than $10,000 and a 30-day suspension of the retail dealer<\/span>’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License.\n\t\t\t\td. For a fourth violation in a 36-month period, revocation<\/span> of the retail dealer<\/span>’s Retail Sales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or OTP Distributor’s License, and ineligibility to possess any such certificate or license for a period of three years from the date of the most recent violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any civil penalties assessed pursuant to this section shall be paid into the Tobacco Retail Enforcement Fund, established pursuant to § 59.1-293.14<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall collaborate with the Virginia Alcoholic Beverage Control Authority and local law<\/span> enforcement to the extent possible to enforce the provisions of this section and § 4.1-103.01<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTRICTIONS ON THE SALE OF RETAIL TOBACCO PRODUCTS TO MINORS; PENALTIES (\u00a7\n59.1-293.12)\n\nA. A retail dealer shall comply with the provisions of this section,\n§§ 18.2-246.8, 18.2-246.10, 18.2-371.2, and 59.1-293.13, and any other\nstate or local law related to the sale of retail tobacco products. If the\nDepartment determines that a retail dealer has violated any such provision of\nlaw, the Department may suspend or revoke such retail dealer’s Retail\nSales and Use Tax Exemption Certificate for Stamped Cigarettes Purchased for\nResale or Other Tobacco Products (OTP) Distributor’s License.\n\nB. 1. For each retail dealer, the Department shall conduct an unannounced\ninvestigation at least once every 24 months to verify that the retail dealer is\nnot selling retail tobacco products to persons under 21 years of age. If the\nDepartment determines that the retail dealer has violated any provision of this\nsection, \u00a7 18.2-246.8, 18.2-246.10, 18.2-371.2, or 59.1-293.13, or any other\nstate or local law related to the sale of retail tobacco products, it shall\nconduct an unannounced investigation of the retail dealer within six months of\nsuch violation.\n\n 2. If the Department determines that a retail dealer, or a retail\n dealer’s agent or employee, sold a retail tobacco product to a person\n under 21 years of age or violated subsection A or B of § 18.2-371.2, the\n Department shall impose and the retail dealer shall be subject to:\n \t\t\t\ta. For the first violation in a 36-month period, a penalty of no less than\n $1,000;\n \t\t\t\tb. For a second violation in a 36-month period, a penalty of no less than\n $5,000. Any retail dealer found to be in violation of this subdivision 2 b\n shall be required to verify that any consumer who appears to be under 30 years\n of age is of legal age by verifying such consumer’s government-issued\n photographic identification using fraud detection software, technology, or a\n scanner that confirms the authenticity of such identification; and\n \t\t\t\tc. For a third violation in a 36-month period, a penalty of no less than\n $10,000 and a 30-day suspension of the retail dealer’s Retail Sales and\n Use Tax Exemption Certificate for Stamped Cigarettes Purchased for Resale or\n OTP Distributor’s License.\n \t\t\t\td. For a fourth violation in a 36-month period, revocation of the retail\n dealer’s Retail Sales and Use Tax Exemption Certificate for Stamped\n Cigarettes Purchased for Resale or OTP Distributor’s License, and\n ineligibility to possess any such certificate or license for a period of three\n years from the date of the most recent violation.\n\n 3. Any civil penalties assessed pursuant to this section shall be paid into\n the Tobacco Retail Enforcement Fund, established pursuant to §\n 59.1-293.14.\n\nC. The Department shall collaborate with the Virginia Alcoholic Beverage Control\nAuthority and local law enforcement to the extent possible to enforce the\nprovisions of this section and § 4.1-103.01.\n\nHISTORY: 2024, cc. 796, 821.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}