New registration and licensing requirements for nicotine alternatives and vaping products: Senate Bill 375 requires all manufacturers, importers, distributors and distributors/retailers of nicotine alternatives or vaping products to register and obtain a licence from the Department of Finance. Manufacturers, importers, distributors, and retailers must submit an application and pay registration and/or royalties through the Georgia Tax Center application portal, which will be available on February 15, 2021. On December 20, 2019, the President signed a law amending the Federal Law on Food, Medicines and Cosmetics and raising the minimum age for the sale of tobacco products from 18 to 21. This law (known as “Tobacco 21” or “T21”) came into effect immediately, and it is now illegal for a retailer to sell tobacco products – including cigarettes, cigars and e-cigarettes – to anyone under the age of 21. The new federal minimum age applies to all retail establishments and to persons without exception. Vapour product means any non-flammable nicotine-containing product that uses a heating element, energy source, electronic circuit or other electronic, chemical or mechanical means, regardless of its shape or size, that can be used to produce vapour or aerosol from nicotine or other substances in a solution or other form. This term “vaping product” includes, but is not limited to, e-cigarettes, e-cigars, e-cigarillos, e-tubes or similar products or devices, and vapour or aerosol cartridges or other containers containing nicotine or other substances in a solution or other form, including, but not limited to, any component, part or accessory of the Product. intended for use with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. A consumer vapor product used in an open system is a liquid solution intended to be heated to an aerosol and inhaled by a person, commonly known as e-juice, e-liquid or vape juice. The liquid used in open systems can be adapted to different nicotine contents, flavourings and container sizes.
The minimum age has been raised from 18 to 21. It is illegal for any retailer to sell tobacco, nicotine replacement or vaping products to persons under the age of 21. It is unlawful for a person under the age of 21 to purchase, purchase or possess Restricted Products or misrepresent their identity or age or use false identifications for the purpose of purchasing or obtaining Restricted Products. Offenders may be required to do 20 hours of community service, attend a conference on the health hazards of smoking and vaping, or the use of tobacco and vaping products, or both. Until the FDA issues guidelines or regulations on what constitutes an FDA “approved training program,” the FDA states that “the agency intends to use a lower maximum civil penalty schedule for all retailers who violate regulations restricting the sale and distribution of cigarettes and smokeless tobacco products.” whether or not they have implemented an educational program. However, the FDA may consider further reducing the civil fine for retailers who have implemented a training program. In January 2020, CTP released a web statement detailing the T21 Act and what it means for retailers going forward. FDA regulations apply to these tobacco products, which are defined under the Tobacco Control Act as any product manufactured from or derived from tobacco or nicotine from any source (e.g., synthetic nicotine) intended for human consumption. ONLINE: To download, see dor.georgia.gov/alcohol-tobacco-warningssigns However, if a person applies for a manufacturer`s licence and a distribution licence for the sale of tobacco products, nicotine alternatives and/or vaping products, two separate licences are issued (a manufacturer`s licence and a distributor`s licence). Unless otherwise required by state or local law, the FDA recommends that retailers only accept government-issued photo identification with the owner`s date of birth.