Section 438.316 - [Effective 1/1/2025] Prohibition on sale of unauthorized vapor products - Safe harbor certification - Penalties(1) A retailer shall not sell an unauthorized vapor product to any person.(2) Except as provided in subsection (3) of this section, any retailer selling vapor products shall obtain from the manufacturer an applicable safe harbor certification and shall maintain a copy of the certification at the physical location where the vapor product is being sold.(3) A retailer is not required to obtain a safe harbor certification for vapor products if those products were purchased from a Kentucky-licensed resident wholesaler.(4) Any retailer that violates this section shall be:(a) Subject to a fine of: 1. One thousand dollars ($1,000) for the first citation issued for a violation of this section; and2. Five thousand dollars ($5,000) for a second or subsequent citation issued for a violation of this section; and(b) Placed in the tobacco noncompliance database and reporting system and lose the ability to lawfully sell vapor products for one (1) year for any third or subsequent citation issued for a violation within a two (2) year period.(5) A retailer in the tobacco noncompliance database and reporting system that sells vapor products that are unauthorized vapor products shall be subject to a fine of ten thousand dollars ($10,000) per unlawful transaction.(6) Any retailer with unpaid fines under this section that are more than sixty (60) days overdue shall lose the ability to lawfully sell vapor products until the fines are paid.(7) A retailer shall have an affirmative defense to a violation of selling an unauthorized vapor product if the retailer can establish:(a) Proof of an official material change in the status of a vapor product under review by the FDA within forty-five (45) days of the issuance of the citation; or(b) A safe harbor certification for the vapor product exists onsite at the retail location at the time the citation was issued.Added by 2024 Ky. Acts ch. 111,§ 7, eff. 1/1/2025.