                                 CODE OF VIRGINIA

LIQUID NICOTINE AND NICOTINE VAPOR PRODUCT; CERTIFICATION; PENALTY (§
59.1-293.16)

A. 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:

   1. 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. &#xA7; 387j; or

   2. 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. &#xA7; 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. 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.

C. Each certification form shall be accompanied by:

   1. 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. &#xA7; 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. A fee of $2,000 for each liquid nicotine and nicotine vapor product, to be
   remitted with the manufacturer&#8217;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

   3. A fee of $500 to be submitted annually for each liquid nicotine and
   nicotine vapor product to be remitted with the manufacturer&#8217;s annual
   recertification submission identifying any liquid nicotine or nicotine vapor
   product, where such recertification does not follow any period of noncertified
   status.

D. 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. &#xA7; 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. 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.

HISTORY: 2024, cc. 793, 828.