North Carolina SB 318: Protect Youth From Harms of Vaping and Nicotine.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 318

Short Title: Protect Youth From Harms of Vaping & Nicotine. (Public)
Sponsors: Senator Adcock (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 18, 2025
*S318-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT THE YOUTH FROM THE HARMFUL EFFECTS OF VAPING AND 2
NICOTINE ADDICTION BY RAISING THE LEGAL SALES AGE OF TOBACCO 3
PRODUCTS TO AGE 21 AND TO REQUIRE A TOBACCO RETAIL SALES PERMIT. 4
The General Assembly of North Carolina enacts: 5
6
PART I. REQUIRE PERMIT FOR SALE OF TOBACCO PRODUCTS AND RESTRICT 7
PURCHASE OF TOBACCO PRODUCTS 8
SECTION 1. The General Statutes are amended by adding a new Chapter to read: 9
"Chapter 18D. 10
"Tobacco Products Retail Sales. 11
"Article 1. 12
"Definitions and Authority. 13
"§ 18D-100. Definitions. 14
(a) Unless the context requires otherwise, the following definitions apply in this Chapter: 15
(1) ALE Division. – As defined in G.S. 18B-101. 16
(2) Alternative nicotine product. – Any noncombustible product that contains 17
nicotine, whether natural or synthetic, but does not contain tobacco and is 18
intended for human consumption whether chewed, absorbed, dissolved, 19
ingested, or by other means. This term does not include a vapor product or any 20
product regulated by the United States Food and Drug Administration under 21
Chapter V of the federal Food, Drug, and Cosmetic Act. 22
(3) Commission. – As defined in G.S. 18B-101. 23
(4) Component. – A "component or part," as that term is defined in section 1140.3 24
of Title 21 of the Code of Federal Regulations, as amended from time to time. 25
This term includes cigarette wrapping papers, which has the same meaning as 26
the term "cigarette paper" in 26 U.S.C. § 5702(e). 27
(5) Consumable product. – As defined in G.S. 105-113.4. For purposes of this 28
Chapter, a consumable product does not contain any tobacco leaf. 29
(6) Consumer. – As defined in G.S. 105-113.4. 30
(7) Delivery sale. – As defined in G.S. 105-113.4. 31
(8) Delivery seller. – As defined in G.S. 105-113.4. 32
(9) Delivery seller permit. – A permit issued to a delivery seller pursuant to this 33
Chapter. 34
(10) Delivery service. – As defined in G.S. 105-113.4. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 318-First Edition
(11) Distribute. – Sell, furnish, give, or provide tobacco products, including 1
tobacco product samples, to the ultimate consumer. 2
(12) E-liquid. – As defined in G.S. 14-401.18A. 3
(13) Packaging. – Has the same meaning as the term "package" in G.S. 105-113.4. 4
(14) Permit. – A permit issued to a retail dealer pursuant to this Chapter, unless the 5
context clearly requires otherwise. 6
(15) Person. – An individual, firm, partnership, association, corporation, limited 7
liability company, other organization or group, or other combination of 8
individuals acting as a unit. 9
(16) Premises. – A fixed permanent establishment, including all areas inside or 10
outside the licensed establishment, where the permittee has control through a 11
lease, deed, or other legal process. 12
(17) Proof of age. – A drivers license, a special identification card issued under 13
G.S. 20-37.7 or issued by the state agency of any other state authorized to 14
issue similar official state special identification cards for that state, a military 15
identification card, or a passport showing the purchaser's age to be at least the 16
required age for purchase and bearing a physical description of the person 17
named on the card reasonably describing the purchaser. 18
(18) Remote sale. – As defined in G.S. 105-113.4. 19
(19) Remote seller. – As defined in G.S. 105-113.4. 20
(20) Remote seller permit. – A permit issued to a remote seller pursuant to this 21
Chapter. 22
(21) Retail dealer. – As defined in G.S. 105-113.4. 23
(22) Retail seller. – A retail dealer who is not a delivery seller or remote seller. 24
(23) Retail seller permit. – A permit issued to a retail seller pursuant to this Chapter. 25
(24) Sale. – As defined in G.S. 105-113.4. 26
(25) Sample. – A tobacco product distributed to members of the general public at 27
no cost for the purpose of promoting the product. 28
(26) Secretary. – The Secretary of the Department of Revenue. 29
(27) Tobacco product. – Any product that contains tobacco or nicotine from any 30
source and is intended for human consumption. This term includes an 31
alternative nicotine product, vapor product, e-liquid, consumable product, 32
component of a tobacco product, or component of an alternative nicotine 33
product. 34
(28) Tobacco retail sales law. – Any statute or statutes in this Chapter, Article 2A 35
of Chapter 105 of the General Statutes, and the rules issued by the 36
Commission under the authority of this Chapter or the Department of Revenue 37
under the authority of Article 2A of Chapter 105 of the General Statutes. 38
(29) Tobacco retail sales permit. – A retail seller permit, a delivery seller permit, 39
or a