Tackling Tobacco: January 2022 Legislative & Regulatory Roundup

Proposed tobacco tax hikes and flavor bans kick off the new year.

2/4/2022

NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.

CALIFORNIA

Sacramento — The Sacramento County Board of Supervisors voted to ban the sale of flavored tobacco products, including menthol. The new law, which affects sales within unincorporated areas of the county, goes into effect in July. A similar ban has been in effect in the city of Sacramento for two years.

COLORADO

Denver — A proposal to ban the sale of flavored tobacco and nicotine products landed in the state legislature. House Bill 22-1064 would prohibit the sale of all flavored tobacco and nicotine products, including vapor products, electronic cigarettes, menthol cigarettes, Hookah, chewing tobacco and cigars. If approved, it would go into effect across the state on July 1.

Under the proposal, any retailer caught selling flavored tobacco or nicotine products would be subject to the same penalties as a retailer caught selling to minors.

KENTUCKY

Louisville — The city's tobacco retailer license requirement went into effect on Jan. 1. The Louisville City Council voted in favor of the license, which costs $10 a year, in April 2021.

MAINE

Portland — The Portland City Council is considering a proposal to prohibit the sale of flavored tobacco products. The council's Health & Human Services and Public Safety Committee approved the ban 3-0 in November. If the council gives the measure the go-ahead, Portland would become the second city in Maine, behind Bangor, to approve a flavor ban.

MISSISSIPPI

Jackson — State Rep. Bob Evans (D-91st District) introduced legislation that would increase the state levy on tobacco products from 15 percent of the wholesale price to 22.5 percent. The proposed hike does not apply to cigarettes.

NEW JERSEY

Trenton — Gov. Phil Murphy signed into a law legislation requiring any retail store that carries tobacco products, including convenience stores, to also carry nicotine replacement therapy products. The products are to be displayed in a location that is behind the sales counter. The requirement does not apply to cigar shops.

NEW MEXICO

Santa Fe — Legislation in the New Mexico House of Representatives takes aim at tobacco taxes. Under the proposal, House Bill 33 increases the tax on cigarettes by $2 per pack, increases the other tobacco products tax to 77 percent of the product value, increases the tax on e-liquid to 77 percent of the product value and increases the tax on closed system cartridges to $3.32 per cartridge.

OREGON

Hillsboro — Washington Country's ban on the sale of flavored tobacco products is heading to the ballot box. A petition to bring the issues to the voters gathered the needed signatures.

The Washington County Board of Commissioners approved the measure in November. With the move, it became the first in Oregon to prohibit the sale of flavored tobacco products, including menthol cigarettes and flavored synthetic nicotine products. Enforcement began on Jan. 1, but it is now on hold until the voters have their say in May.