Are Nicotine Pouches Legal in Kentucky? (2026)

Instrument

Alternative nicotine product definition; age 21; license; delivery and shipment

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56788

Retrieved

2026-11-06

Fingerprint

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KRS 438.305(1)
(1) (a) “Alternative nicotine product” means a noncombustible product containing
            nicotine that is intended for human consumption, whether chewed, absorbed,
            dissolved, or ingested by any other means.
     (b) “Alternative nicotine product” does not include any product regulated as a
            drug or device by the United States Food and Drug Administration under
            Chapter V of the Food, Drug, and Cosmetic Act;

KRS 438.310(1)
(1)   A person shall not sell or cause to be sold any tobacco product or alternative
      nicotine product at retail to any person under the age of twenty-one (21), or solicit
      any person under the age of twenty-one (21) to purchase any tobacco product or
      alternative nicotine product at retail.

KRS 438.3061(1)
(1)   On or after July 1, 2026, a person, firm, or corporation shall not operate as a retailer
      selling alternative nicotine products, tobacco products, or authorized nicotine vapor
      products in or on any premises in the Commonwealth without first obtaining a
      tobacco, nicotine, or vapor product license issued by the department. The
      department may issue:

KRS 438.328(2)-(4)
(2)   (a) A retailer shall notify a consumer placing an order for any tobacco products,
            alternative nicotine products, or vapor products that the shipment or delivery
            shall not be completed unless the recipient of the shipment or delivery
            provides a valid identification document at the time of the shipment or
            delivery verifying that the recipient is at least twenty-one (21) years of age.
      (b) For purposes of this subsection, tobacco products shall not include premium
            cigars or pipe tobacco.
      (c) All tobacco product, alternative nicotine product, or vapor product containers
            shipped or delivered to a consumer shall be conspicuously labeled with the
            words: "CONTAINS TOBACCO OR NICOTINE PRODUCTS."
(3)   At the time of delivery, the recipient of the shipment or delivery shall present to the
      individual delivering the package a valid identification document. Prior to
      transferring possession of the package, the individual delivering the package shall
      visually inspect the document and verify the identity of the recipient and, by visual
      examination or by using age verification technology, that the recipient is at least
      twenty-one (21) years of age.
(4)   Before transferring possession of the package, the individual delivering the package
      shall obtain the signature of the recipient of the shipment or delivery. The
      individual who receives and signs for the tobacco products, alternative nicotine
      products, or vapor products is not required to be the consumer who purchased the
      tobacco products, alternative nicotine products, or vapor products.

Instrument

Authorized nicotine vapor product definition; vapor product definition; sale of unauthorized nicotine vapor products prohibited

Source

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56796

Retrieved

2026-11-06

Fingerprint

3d79616140c9cf05

KRS 438.305(2)
(2) "Authorized nicotine vapor product" means a vapor product for which the
     manufacturer:
     (a) Has obtained authorization from the FDA;
     (b) Timely pursued a path to market for a nicotine product containing tobacco-
            derived nicotine that was commercially marketed in the United States as of
            August 8, 2016, for which the manufacturer submitted a premarket tobacco
            product application on or before September 9, 2020, to the FDA, that:
            1.    Remains under review, but has not received either a marketing denial
                  order or a marketing granted order; or
            2.    Has received a marketing denial order, but remains under a stay by the
                  FDA or continues to be subject to an appeal to the FDA or review by a
                  court of competent jurisdiction; or
     (c) Has obtained a marketing denial order that has been rescinded by the FDA or
            vacated by a court of competent jurisdiction;

KRS 438.305(18)(a)
(18) (a) "Vapor product" means any noncombustible product that employs a heating
           element, battery, power source, electronic circuit, or other electronic,
           chemical, or mechanical means, regardless of shape or size and including the
           component parts and accessories thereto, that can be used to deliver vaporized
           nicotine or other substances to users inhaling from the device. "Vapor
           product" includes but is not limited to any device deemed to be an electronic
           nicotine delivery system by the United States Food and Drug Administration,
           any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
           or similar product or device and every variation thereof, regardless of whether
           marketed as such, and any vapor cartridge or other container of a liquid
           solution or other material that is intended to be used with or in an electronic
           cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar
           product or device.

KRS 438.316
(1)   A retailer of nicotine vapor products containing nicotine 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) On or after July 1 2026, 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 under
            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.