SB 1843

This bill creates an offense for a vape shop retailer, or a distributor, wholesaler, or importer of vape products, who sells or offers for sale a vapor product for retail sale in this state, to sell nitrous oxide. The following penalties apply to violations:  First violation - a civil penalty of up to $500 for each individual product offered for sale in violation of this bill.  Second 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 entity 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 entity. MANUFACTURER This bill 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 i ntermediaries, is subject to a civil penalty of $10,000 for each individual nitrous oxide product offered for sale in violation of this bill. ENFORCEMENT 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. Further, a repeated violation of this bill constitutes a deceptive trade practice under t he Tennessee Consumer Protection Act of 1977, which provides its own penalties and remedies, including, but not limited to, restraining orders, injunctions, private rights of action, and damages. ON MARCH 16, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1843, AS AMENDED. AMENDMENT #1 r ewrites the bill to provide, instead, that it is unlawful for a retail seller to sell or offer for sale nitrous oxide. As used in this amendment, " r etail seller"" means a tobacco vending machine, place, store, booth, concession, truck or vehicle, person, partnership, firm, entity, corporation, or association engaged in the business of making sales at retail of nitrous oxide directly to the ultimate co nsumer within this state. RETAIL SELLER PENALTIES This amendment provides that a retail seller who violates the offense is subject to a civil penalty of $2, 500 for the first violation and all nitrous oxide sold or offered for sale is deemed to be contraband and must be seized by the enforcing authority. A second or subsequent violation of the offense subjects the retail seller is a $5, 000 fine and such confiscation . If the retail seller has been issued a certificate, permit, or license authorizing the sale of products at retail, including, but not limited to, beer, wine, alcoholic beverages, or hemp-derived cannabinoids, then this amendment requires the issuing authority to revoke the certificate, permit, or license upon a second or subsequent violation of this amendment . The retail seller may reapply for a retail certificate, license, or permit revoked no earlier than 12 months from the date of the revocation. OFFENSE AND PENALTIES FOR A PERSON This amendment provides that i t is a Class E felony offense for a person to sell, offer to sell, deliver, or give away to another nitrous oxide if the person has reasonable cause to suspect that the nitrous oxide sold, offered for sale, delivered, or given away will be used for the pu rpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes. A Class E felony is punishable by not less than one year in prison and a fine up to $3, 000. EXCEPTION This amendment does not prohibit the sale or offering for sale of nitrous oxide by a manufacturer, distributor, or wholesaler for medical or dental purposes or to implement the distribution of beverages or other foodstuffs for commercial purposes."