{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-293.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-293.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-293.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-293.16.html"}],"law_id":80509,"edition_id":1,"section_id":80509,"structure_id":14028,"section_number":"59.1-293.16","catch_line":"Liquid nicotine and nicotine vapor product; certification; penalty","history":"2024, cc. 793, 828.","full_text":"A\n\nBy December 31, 2025, and annually thereafter, every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth, whether directly or through a wholesaler, distributor, retailer, or similar intermediary, shall certify in a form and manner as prescribed by the Attorney General that the manufacturer agrees to comply with the provisions of this chapter and that:1\n\nThe manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j; or2\n\nThe liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j on or before September 9, 2020, and the application either remains under review by the U.S. Food and Drug Administration or a final decision on the application has not otherwise taken effect.B\n\nA manufacturer of liquid nicotine or nicotine vapor products shall submit a certification form for each liquid nicotine and nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth.C\n\nEach certification form shall be accompanied by:1\n\nA copy of the marketing authorization or other order for each liquid nicotine or nicotine vapor product issued by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or evidence that the premarket tobacco product application for the liquid nicotine or nicotine vapor product was submitted to the U.S. Food and Drug Administration and a final authorization or order has not yet taken effect;2\n\nA fee of $2,000 for each liquid nicotine and nicotine vapor product, to be remitted with the manufacturer’s first certification submission that identifies any such product and with any resubmission of a certification for any such product following any period of noncertified status; and3\n\nA fee of $500 to be submitted annually for each liquid nicotine and nicotine vapor product to be remitted with the manufacturer’s annual recertification submission identifying any liquid nicotine or nicotine vapor product, where such recertification does not follow any period of noncertified status.D\n\nA manufacturer required to submit a certification pursuant to this section shall notify the Attorney General within 30 days of any material change to the certification form, including the issuance or denial of a marketing authorization or other order or action by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or any other order or action by the U.S. Food and Drug Administration that affects the ability of the liquid nicotine or nicotine vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States.E\n\nAny manufacturer that falsely represents any of the information required by this section is guilty of a Class 3 misdemeanor for each false representation. Venue for prosecution of a violation of this subsection shall be proper in the Circuit Court for the City of Richmond.","order_by":null,"text":{"0":{"id":288406,"text":"By December 31, 2025, and annually thereafter, every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth, whether directly or through a wholesaler, distributor, retailer, or similar intermediary, shall certify in a form and manner as prescribed by the Attorney General that the manufacturer agrees to comply with the provisions of this chapter and that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":288407,"text":"The manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":288408,"text":"The liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j on or before September 9, 2020, and the application either remains under review by the U.S. Food and Drug Administration or a final decision on the application has not otherwise taken effect.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":288409,"text":"A manufacturer of liquid nicotine or nicotine vapor products shall submit a certification form for each liquid nicotine and nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":288410,"text":"Each certification form shall be accompanied by:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":288411,"text":"A copy of the marketing authorization or other order for each liquid nicotine or nicotine vapor product issued by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or evidence that the premarket tobacco product application for the liquid nicotine or nicotine vapor product was submitted to the U.S. Food and Drug Administration and a final authorization or order has not yet taken effect;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":288412,"text":"A fee of $2,000 for each liquid nicotine and nicotine vapor product, to be remitted with the manufacturer’s first certification submission that identifies any such product and with any resubmission of a certification for any such product following any period of noncertified status; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":288413,"text":"A fee of $500 to be submitted annually for each liquid nicotine and nicotine vapor product to be remitted with the manufacturer’s annual recertification submission identifying any liquid nicotine or nicotine vapor product, where such recertification does not follow any period of noncertified status.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"8":{"id":288414,"text":"A manufacturer required to submit a certification pursuant to this section shall notify the Attorney General within 30 days of any material change to the certification form, including the issuance or denial of a marketing authorization or other order or action by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or any other order or action by the U.S. Food and Drug Administration that affects the ability of the liquid nicotine or nicotine vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"9":{"id":288415,"text":"Any manufacturer that falsely represents any of the information required by this section is guilty of a Class 3 misdemeanor for each false representation. Venue for prosecution of a violation of this subsection shall be proper in the Circuit Court for the City of Richmond.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-293.16\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapters 793<\/a> and 828<\/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":false,"refers_to":false,"permalink":{"id":260561,"object_type":"law","relational_id":80509,"identifier":"59.1-293.16","token":"59.1\/23.2\/59.1-293.16","url":"\/59.1-293.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-293.16\/","token":"59.1\/23.2\/59.1-293.16","dublin_core":{"Title":"Liquid nicotine and nicotine vapor product; certification; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-293.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> By December 31, 2025, and annually thereafter, every manufacturer of liquid nicotine<\/span> or nicotine vapor products<\/span> that are sold for retail sale in the Commonwealth, whether directly or through a wholesaler, distributor, retailer, or similar intermediary, shall certify in a form and manner as prescribed by the Attorney General<\/span> that the manufacturer agrees to comply with the provisions of this chapter and that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The manufacturer has received a marketing authorization or similar order<\/span> for the liquid nicotine<\/span> or nicotine vapor product<\/span> from the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The liquid nicotine<\/span> or nicotine vapor product<\/span> was marketed in the United States as of August 8, 2016, or the manufacturer submitted a premarket tobacco product application for the liquid nicotine<\/span> or nicotine vapor product<\/span> to the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j on or before September 9, 2020, and the application either remains under review by the U.S. Food and Drug Administration or a final decision on the application has not otherwise taken effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A manufacturer of liquid nicotine<\/span> or nicotine vapor products<\/span> shall submit a certification form for each liquid nicotine<\/span> and nicotine vapor product<\/span> that such manufacturer sells for retail sale in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each certification form shall be accompanied by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A copy of the marketing authorization or other order<\/span> for each liquid nicotine<\/span> or nicotine vapor product<\/span> issued by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or evidence<\/span> that the premarket tobacco product application for the liquid nicotine<\/span> or nicotine vapor product<\/span> was submitted to the U.S. Food and Drug Administration and a final authorization or order<\/span> has not yet taken effect; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A fee of $2,000 for each liquid nicotine<\/span> and nicotine vapor product<\/span>, to be remitted with the manufacturer’s first certification submission that identifies any such product and with any resubmission of a certification for any such product following any period of noncertified status; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A fee of $500 to be submitted annually for each liquid nicotine<\/span> and nicotine vapor product<\/span> to be remitted with the manufacturer’s annual recertification submission identifying any liquid nicotine<\/span> or nicotine vapor product<\/span>, where such recertification does not follow any period of noncertified status. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A manufacturer required to submit a certification pursuant to this section shall notify the Attorney General<\/span> within 30 days of any material<\/span> change to the certification form, including the issuance or denial of a marketing authorization or other order<\/span> or action by the U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j, or any other order<\/span> or action by the U.S. Food and Drug Administration that affects the ability of the liquid nicotine<\/span> or nicotine vapor product<\/span> to be introduced or delivered into interstate commerce for commercial distribution in the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any manufacturer that falsely represents any of the information required by this section is guilty of a Class 3 misdemeanor<\/span> for each false representation. Venue<\/span> for prosecution<\/span> of a violation of this subsection shall be proper in the Circuit<\/span> Court<\/span> for the City of Richmond. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIQUID NICOTINE AND NICOTINE VAPOR PRODUCT; CERTIFICATION; PENALTY (\u00a7\n59.1-293.16)\n\nA. By December 31, 2025, and annually thereafter, every manufacturer of liquid\nnicotine or nicotine vapor products that are sold for retail sale in the\nCommonwealth, whether directly or through a wholesaler, distributor, retailer,\nor similar intermediary, shall certify in a form and manner as prescribed by the\nAttorney General that the manufacturer agrees to comply with the provisions of\nthis chapter and that:\n\n 1. The manufacturer has received a marketing authorization or similar order\n for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug\n Administration pursuant to 21 U.S.C. § 387j; or\n\n 2. The liquid nicotine or nicotine vapor product was marketed in the United\n States as of August 8, 2016, or the manufacturer submitted a premarket tobacco\n product application for the liquid nicotine or nicotine vapor product to the\n U.S. Food and Drug Administration pursuant to 21 U.S.C. § 387j on or\n before September 9, 2020, and the application either remains under review by\n the U.S. Food and Drug Administration or a final decision on the application\n has not otherwise taken effect.\n\nB. A manufacturer of liquid nicotine or nicotine vapor products shall submit a\ncertification form for each liquid nicotine and nicotine vapor product that such\nmanufacturer sells for retail sale in the Commonwealth.\n\nC. Each certification form shall be accompanied by:\n\n 1. A copy of the marketing authorization or other order for each liquid\n nicotine or nicotine vapor product issued by the U.S. Food and Drug\n Administration pursuant to 21 U.S.C. § 387j, or evidence that the\n premarket tobacco product application for the liquid nicotine or nicotine\n vapor product was submitted to the U.S. Food and Drug Administration and a\n final authorization or order has not yet taken effect;\n\n 2. A fee of $2,000 for each liquid nicotine and nicotine vapor product, to be\n remitted with the manufacturer’s first certification submission that\n identifies any such product and with any resubmission of a certification for\n any such product following any period of noncertified status; and\n\n 3. A fee of $500 to be submitted annually for each liquid nicotine and\n nicotine vapor product to be remitted with the manufacturer’s annual\n recertification submission identifying any liquid nicotine or nicotine vapor\n product, where such recertification does not follow any period of noncertified\n status.\n\nD. A manufacturer required to submit a certification pursuant to this section\nshall notify the Attorney General within 30 days of any material change to the\ncertification form, including the issuance or denial of a marketing\nauthorization or other order or action by the U.S. Food and Drug Administration\npursuant to 21 U.S.C. § 387j, or any other order or action by the U.S. Food\nand Drug Administration that affects the ability of the liquid nicotine or\nnicotine vapor product to be introduced or delivered into interstate commerce\nfor commercial distribution in the United States.\n\nE. Any manufacturer that falsely represents any of the information required by\nthis section is guilty of a Class 3 misdemeanor for each false representation.\nVenue for prosecution of a violation of this subsection shall be proper in the\nCircuit Court for the City of Richmond.\n\nHISTORY: 2024, cc. 793, 828.","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}}