Be it enacted by the General Assembly of Virginia:

1. That §59.1-293.10 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 23.2 of Title 59.1 a section numbered 59.1-293.12 as follows:

§59.1-293.10. Definitions.

As used in this chapter, unless the context requires another meaning:

"Alternative nicotine product" has the same meaning as in §18.2-371.2.

"Child-resistant packaging" means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C.F.R. §1700.15(b)(1) when tested in accordance with the protocols described in 16 C.F.R. §1700.20 as in effect on July 1, 2015.

"High-nicotine vapor product" means a nicotine vapor product or liquid nicotine that contains more than 20 milligrams of nicotine per milliliter.

"Liquid nicotine" means a liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a nicotine vapor product.

"Liquid nicotine container" means a bottle or other container holding liquid nicotine in any concentration but does not include a cartridge containing liquid nicotine if such cartridge is prefilled and sealed by the manufacturer of such cartridge and is not intended to be opened by the consumer.

"Nicotine vapor product" has the same meaning as in §18.2-371.2.

"Specialty retail facility" means a retail facility that generates at least 50 percent of its revenue from the sale of tobacco products; nicotine vapor products, including liquid nicotine; and alternative nicotine products.

"Tobacco product" has the same meaning as in §18.2-371.2.

§59.1-293.12. Sale of high-nicotine vapor product; prohibition; penalty.

A. No person except a specialty retail facility shall offer for sale at retail any high-nicotine vapor product in the Commonwealth.

B. Any person that violates the provisions of this section is guilty of a Class 4 misdemeanor.