HB 2228

This bill provides that it is an offense for a vape shop retailer, or a distributor, wholesaler, or importer, who sells or offers for sale a vapor product for retail sale in this state , to sell nitrous oxide. PENALTIES This bill provides the following penalties for a vape shop retailer, or a distributor, wholesaler, or importer of vape products, who sells or offers for sale nitrous oxide for retail sale in this state :  First violation - a civil penalty of up to $500 for each individual product offered for sale in violation of this bill.  S econd violation within a 12 -month period - a civil penalty of at least $750 but no more than $1,000 per product, and the suspension of the license of the retailer, distributor, wholesaler, or importer for 30 calendar days .  Third violation within a 12 -month period - a civil penalty of at least $1,000 but no more than $1,500 per product, and the revocation of the license of the retailer, distributor, wholesaler, or importer . This bill also provides that a manufacturer who knowingly causes nitrous oxide to be sold for retail sale in this state, whether directly or through a vape shop retailer, or a distributor, wholesaler, or importer of vape products, or similar intermediary or intermediaries, is subject t o a civil penalty of $10,000 for each individual nitrous oxide product offered for sale in violation of this bill. In an action to enforce this bill , the state is entitled to recover costs, including the costs of investigation, expert witness fees, and reasonable attorney fees. Additionally, a repeated violation of this bill constitutes a deceptive trade practice under the Tennessee Consumer Protection Act of 1977 , which could subject the violator to further penalties and remedies under that Act, including , but not limited to, restraining orders, injunctions, private rights of action, and damages.