                                 CODE OF VIRGINIA

SALE OR DISTRIBUTION OF LIQUID NICOTINE CONTAINER; PROHIBITION; PENALTY (§
59.1-293.11)

A. No person shall sell or distribute at retail or offer for retail sale or
distribution a liquid nicotine container in the Commonwealth on or after October
1, 2015, unless such liquid nicotine container meets child-resistant packaging
standards.

B. The requirements of subsection A shall not prohibit a wholesaler or retailer
from selling its existing inventory of liquid nicotine until January 1, 2016, if
the wholesaler or retailer can establish that the inventory was purchased prior
to October 1, 2015, in a quantity comparable to that of the inventory purchased
during the same period of the prior year.

C. Any person who sells or distributes at retail or offers for retail sale or
distribution a liquid nicotine container in the Commonwealth on or after October
1, 2015, that he knows or has reason to know does not satisfy the
child-resistant packaging standards required by this section is guilty of a
Class 4 misdemeanor. However, no person shall be guilty of a violation of this
section who relies in good faith on any information provided by the manufacturer
of a liquid nicotine container that such container meets the requirements of
this section.

D. The provisions of this chapter do not apply to any manufacturer or wholesaler
of liquid nicotine containers who sells or distributes a liquid nicotine
container, provided that any such liquid nicotine container sold or distributed
is intended for use outside of the Commonwealth.

E. The provisions of subsection A shall be null, void, and of no force and
effect upon the effective date of either enacted federal legislation or final
regulations issued by the U.S. Food and Drug Administration or by any other
federal agency where such legislation or regulations mandate child-resistant
packaging for liquid nicotine containers.

F. The provisions of this section with respect to retail sales, retail
establishments, and offers for retail sales shall only apply to retail sales or
offers at retail of liquid nicotine containers before July 1, 2024.

HISTORY: 2015, cc. 739, 756; 2024, cc. 796, 821.