HB577: HB577 Georgia Nicotine Vapor Products Directory Act; enact

Currently Georgia has no statewide list of which nicotine vapor products are legally authorized for sale. HB577 creates the 'Georgia Nicotine Vapor Products Directory Act,' which requires vapor product manufacturers to certify to the state Department of Revenue that their products comply with federal law, including FDA review status, and pay fees ($1,000 for a first-time listing, $250 annually after that). The commissioner would build and post a public directory of approved products, updated monthly. Once the directory is live, retailers and distributors get a six-month grace period to sell off or return unlisted inventory. After that, unlisted nicotine vapor products become contraband subject to seizure and destruction. The bill sets escalating civil fines and license suspension or revocation for repeat violations by dealers, distributors, and manufacturers, and requires an annual report to the General Assembly. The law only takes effect once the legislature specifically appropriates funding for it.

• Creates a new directory maintained by the state revenue commissioner listing all nicotine vapor products approved for legal sale in Georgia.
• Requires vapor product manufacturers to certify compliance with federal and state law and pay $1,000 initially, then $250 annually, per product listed.
• Bans the sale or purchase of any nicotine vapor product not listed in the directory, after grace periods of six months (initial rollout) or 30 days (products later removed).
• Authorizes seizure, forfeiture, and destruction of unlisted nicotine vapor products as contraband, with a claims and appeal process through Fulton County Superior Court.
• Sets escalating civil fines (from no penalty on a first offense up to $30,000 or 50 times retail value) and license suspension or revocation for repeat violations.
• Makes the entire Act effective only once the General Assembly specifically appropriates funding for it.

Vapor product manufacturers, distributors, and dealers who sell nicotine vapor products in Georgia; the Department of Revenue, which must build and enforce the directory; and consumers, who would only be able to legally buy nicotine vapor products that appear on the state's approved list.

Retailers could face fines or license loss for stocking unlisted vapes, and many current products could become illegal to sell until manufacturers pay fees and certify compliance. Consumers would see store shelves narrowed to only directory-approved products once the grace periods expire.

• Code Section 48-11-42 requires manufacturers to certify FDA compliance annually and pay $1,000 per product initially, then $250 per year thereafter.
• Code Section 48-11-43 requires the commissioner to publish the directory on a public website within 14 months of the article's effective date and update it monthly.
• Code Section 48-11-44 bans sale of unlisted products, giving dealers and distributors six months to sell or return existing unlisted inventory.
• Code Section 48-11-46 sets tiered civil penalties for violations, ranging from no penalty on a first offense to fines up to $30,000 or 50 times retail value, plus license suspension or revocation for repeat offenses.
• Code Section 48-11-48 declares unlisted products contraband, subject to seizure, storage, and destruction, with a claims process and appeal to Fulton County Superior Court.
• Code Section 48-11-49 requires out-of-state manufacturers to appoint a Georgia agent for service of process as a condition of directory inclusion.
• Code Section 48-11-51 requires an annual report to the General Assembly on the directory's status, revenue, and enforcement.
• Section 2 makes the entire Act contingent on the General Assembly specifically appropriating funds for it.

1. 2025-03-10Senate Read and Referred (Senate)
2. 2025-03-06House Passed/Adopted By Substitute (House)
3. 2025-03-06House Third Readers (House)
4. 2025-03-06House Committee Favorably Reported By Substitute (House)
5. 2025-02-26House Second Readers (House)
6. 2025-02-24House First Readers (House)
7. 2025-02-21House Hopper (House)

• Houston Gaines (R, HD-120)Primary sponsor
• Jason Ridley (R, HD-006)
• Katie Dempsey (R, HD-013)
• Ron Stephens (R, HD-164)
• Al Williams (D, HD-168)
• Jan Jones (R, HD-047)

1. PassedHouse voteMarch 6, 2025

   159 yea, 12 nay (1 not voting, 8 absent)

   Passage: House Vote #255

• vaping regulation
• nicotine products
• tobacco licensing
• consumer safety
• state revenue enforcement