HB 577: Georgia Nicotine Vapor Products Directory Act; enact

Georgia currently has no state list tracking which nicotine vapor products are legally allowed to be sold, beyond federal FDA rules. This bill creates the 'Georgia Nicotine Vapor Products Directory Act,' requiring vapor product manufacturers to certify to the state Department of Revenue that their products comply with federal law and either have FDA marketing approval or a pending, timely-filed FDA application. The department would build a public directory of approved products, update it monthly, and give manufacturers notice and a chance to fix problems before removal. Once the directory is published, retailers and distributors get a six-month window to sell off or return products not listed. After that, unlisted products can be seized as contraband and destroyed. Sellers, distributors, and manufacturers face escalating civil fines and possible license suspension or revocation for repeated violations. The Department of Revenue must also report annually to the General Assembly. The law only takes effect if the General Assembly specifically appropriates funding for it.

• Creates a new state directory of nicotine vapor products authorized for legal sale in Georgia, maintained by the Department of Revenue.
• Requires vapor product manufacturers to certify compliance with federal and state law and pay $1,000 initially and $250 annually per product to be listed.
• Bans the sale or purchase of any nicotine vapor product not listed in the directory, with a six-month grace period for existing inventory.
• Authorizes seizure, forfeiture, and destruction of unlisted vapor products as contraband, with a claims and appeal process.
• Sets escalating civil fines (up to $30,000 per violation) and license suspension or revocation for dealers, distributors, and manufacturers who violate the law.
• Makes the entire act contingent on the General Assembly separately appropriating funds to pay for it.

Vapor product manufacturers, distributors, dealers, and importers licensed in Georgia; the Department of Revenue, which must build and maintain the directory; law enforcement officers who may seize contraband products; and consumers who purchase nicotine vapor products in the state.

If funded, the law would remove many currently sold vaping products from Georgia store shelves unless manufacturers pay fees and prove FDA compliance. Retailers could face steep fines or lose their licenses for selling unlisted products, reshaping which vapor products remain available in the state.

• Code Section 48-11-41 defines key terms including 'nicotine vapor product,' excluding open-system devices, and 'timely filed premarket tobacco product application.'
• Code Section 48-11-42 requires annual manufacturer certifications, FDA application proof, and fees of $1,000 initially and $250 annually per product.
• Code Section 48-11-43 requires the department to publish the directory within 14 months of the law's effective date and update it monthly.
• Code Section 48-11-44 gives dealers and distributors six months to sell or return unlisted inventory before it becomes illegal contraband.
• Code Section 48-11-46 sets a graduated civil penalty schedule, from no penalty on a first violation up to $30,000 fines and license revocation for a fourth violation.
• Code Section 48-11-48 authorizes seizure, storage, and destruction of contraband vapor products, with a claim and appeal process through the Superior Court of Fulton County.
• Code Section 48-11-49 requires nonresident manufacturers to appoint a Georgia agent for service of process or default to the Secretary of State.
• Section 2 makes the entire act contingent on a specific legislative appropriation of funds before it can take effect.

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-6)
• Katie Dempsey (R, HD-13)
• Ron Stephens (R, HD-164)
• Al Williams (D, HD-168)
• Jan Jones (R, HD-47)

1. PassedHouse voteMarch 6, 2025

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

   PASSAGE: House Vote #255

• vaping regulation
• nicotine products
• tobacco law
• consumer product bans
• business licensing