(1) A retailer of nicotine vapor products shall only sell authorized nicotine vapor products. (2) Any retailer that violates this section shall be subject to a: (a) Five hundred dollar ($500) fine to the owner of a retail establishment for a first citation issued for a violation of this section; (b) One thousand dollar ($1,000) fine to the owner of a retail establishment for a second or subsequent citation issued for a violation of this section; and (c) Revocation of the tobacco, nicotine, or vapor product license upon a fourth citation, which shall result in the inability to reapply for a tobacco, nicotine, or vapor product license for two (2) years. (3) Each citation shall be specific to the premises of the retail establishment where the violation occurred. (4) Any retailer with unpaid fines under this section that are more than sixty (60) days overdue shall lose the ability to lawfully sell vapor products until the fines are paid. (5) A retailer shall have an affirmative defense to a violation of selling an unauthorized vapor product if the retailer can establish: (a) Proof of an official material change in the status of a vapor product und er review by the FDA within forty -five (45) days of the issuance of the citation; or (b) Proof received under KRS 438.308(1)(b) that the product is an authorized nicotine vapor product.
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