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PA HB1425
Bill
Status
12/22/2025
Primary Sponsor
Jeanne McNeill
Click for details
AI Summary
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Establishes an Electronic Nicotine Delivery System Directory maintained by the Attorney General listing all manufacturers and nicotine-containing electronic cigarettes approved for retail sale in Pennsylvania, with manufacturers required to submit annual certifications and fees ($2,000 per brand family initially, $1,000 annually thereafter, plus $100-$200 per brand style)
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Requires manufacturers to demonstrate FDA compliance by providing either a marketing granted order, proof of a timely filed premarket tobacco product application still under review or with a stayed/rescinded/vacated denial, or documentation that no additional application was required
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Classifies nicotine-containing electronic cigarettes not listed in the directory as contraband subject to seizure, forfeiture, and destruction, with retailers and wholesalers given 120 days after directory publication to sell or remove non-listed products from inventory
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Imposes civil penalties for violations: $500 per product for first offense for retailers/distributors/wholesalers selling unlisted products, escalating to $750-$1,000 per day for second violations (plus 14-day license suspension) and $1,000-$1,500 per day for third violations (plus license revocation); manufacturers face $1,000 per product penalties
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Requires surety bonds for wholesalers (minimum $25,000), retailers (minimum $2,500), and manufacturers seeking certification (minimum $50,000), with bonds covering costs of contraband destruction and civil penalties
Legislative Description
An act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in cigarette sales and licensing, further providing for definitions and providing for presumed cost of doing business by retailer; providing for tobacco products; and making repeals.
Last Action
Act No. 57 of 2025
12/22/2025