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Committee debates S.198 changes to tobacco‑substitute rules, penalties and online‑sales reporting

Legislative committee (name not specified in transcript) · May 5, 2026
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Summary

Lawmakers and legislative staff reviewed a strike‑all draft of S.198 that broadens definitions to include tobacco substitutes, adjusts wholesaler and licensure procedures, tightens prohibitions on products that imitate youth‑oriented items, adds annual online‑sales reporting, and proposes steeper administrative penalties and license suspensions. Enforcement capacity and funding remained open questions.

A legislative committee spent its session reviewing a strike‑all draft of S.198 that would expand how Vermont law treats tobacco substitutes, revise licensing for wholesalers, tighten rules on products that imitate items aimed at minors, and add new reporting and enforcement tools.

Jennifer Carbrey of the Office of Legislative Council, who presented the draft, told the committee she had “framed it as a strike‑all amendment” and walked legislators through changes that bring tobacco substitutes into the Title 7 definition for tobacco products and relocate some wholesaler licensure language so the Division of Liquor and Lottery (DLL) issues licenses after local approval.

Why it matters: the bill would change who can sell certain products, how sellers are licensed and penalized, and how state agencies monitor online sales, all of which officials said could affect youth access to flavored or deceptive products and workload for enforcement agencies.

What the draft does: Carbrey said the draft adds tobacco substitutes (including many electronic or battery‑powered nicotine delivery devices) to the state’s definition of regulated tobacco products and updates wholesale definitions to match Title 7. The draft also requires the municipal clerk to forward license applications to the division; local control commissions retain their approval authority, and the division would issue the license and any tobacco‑substitute endorsement when local approval exists.

On possession and confiscation, the…

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