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--- version:Edition 1+++ version:Filed@@ -1,18 +1,16 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-H 1-HOUSE BILL 430+H D+HOUSE BILL DRH10204-MLf-65BShort Title: Protect Youth From Harms of Vaping & Nicotine. (Public)-Sponsors: Representatives Loftis, Campbell, Ross, and Willis (Primary Sponsors).-For a complete list of sponsors, refer to the North Carolina General Assembly web site.-Referred to: Judiciary 1, if favorable, Finance, if favorable, Rules, Calendar, and Operations of-the House-March 19, 2025-*H430-v-1*+Sponsors: Representative Loftis.+Referred to:++*DRH10204-MLf-65B*A BILL TO BE ENTITLED 1AN ACT TO PROTECT THE YOUTH FROM THE HARMFUL EFFECTS OF VAPING AND 2-NICOTINE ADDICTION B Y RAISING THE LEGAL SALES AGE OF TOBACCO 3+NICOTINE ADDICTION BY RAISING THE LEGAL SALES AGE OF TOBACCO 3PRODUCTS TO AGE 21 AND TO REQUIRE A TOBACCO RETAIL SALES PERMIT. 4The General Assembly of North Carolina enacts: 56@@ -30,7 +28,7 @@nicotine, whether natural or synthetic, but does not contain tobacco and is 18intended for human consumption whether chewed, absorbed, dissolved, 19ingested, or by other means. This term does not include a vapor product or any 20-product regulated by the United S tates Food and Drug Administration under 21+product regulated by the United States Food and Drug Administration under 21Chapter V of the federal Food, Drug, and Cosmetic Act. 22(3) Commission. – As defined in G.S. 18B-101. 23(4) Component. – A "component or part," as that term is defined in section 1140.3 24@@ -44,114 +42,117 @@(8) Delivery seller. – As defined in G.S. 105-113.4. 32(9) Delivery seller permit. – A permit issued to a delivery seller pursuant to this 33Chapter. 34-General Assembly Of North Carolina Session 2025-Page 2 House Bill 430-First Edition-(10) Delivery service. – As defined in G.S. 105-113.4. 1-(11) Distribute. – Sell, furnish, give, or provide tobacco products, including 2-tobacco product samples, to the ultimate consumer. 3-(12) E-liquid. – As defined in G.S. 14-401.18A. 4-(13) Packaging. – Has the same meaning as the term "package" in G.S. 105-113.4. 5-(14) Permit. – A permit issued to a retail dealer pursuant to this Chapter, unless the 6-context clearly requires otherwise. 7-(15) Person. – An individual, firm, partnership, association, corporation, limited 8-liability company, other organization or group, or other combination of 9-individuals acting as a unit. 10-(16) Premises. – A fixed permanent establishment, including all areas inside or 11-outside the licensed establishment, where the permittee has control through a 12-lease, deed, or other legal process. 13-(17) Proof of age. – A drivers license, a special identification card issued under 14-G.S. 20-37.7 or issued by the state agency of any other st ate authorized to 15-issue similar official state special identification cards for that state, a military 16-identification card, or a passport showing the purchaser's age to be at least the 17-required age for purchase and bearing a physical description of the per son 18-named on the card reasonably describing the purchaser. 19-(18) Remote sale. – As defined in G.S. 105-113.4. 20-(19) Remote seller. – As defined in G.S. 105-113.4. 21-(20) Remote seller permit. – A permit issued to a remote seller pursuant to this 22-Chapter. 23-(21) Retail dealer. – As defined in G.S. 105-113.4. 24-(22) Retail seller. – A retail dealer who is not a delivery seller or remote seller. 25-(23) Retail seller permit. – A permit issued to a retail seller pursuant to this Chapter. 26-(24) Sale. – As defined in G.S. 105-113.4. 27-(25) Sample. – A tobacco product distributed to members of the general public at 28-no cost for the purpose of promoting the product. 29-(26) Secretary. – The Secretary of the Department of Revenue. 30-(27) Tobacco product. – Any product that contains to bacco or nicotine from any 31-source and is intended for human consumption. This term includes a n 32-alternative nicotine product, vapor product, e -liquid, consumable product, 33-component of a tobacco product, or component of a n alternative nicotine 34-product. 35-(28) Tobacco retail sales law. – Any statute or statutes in this Chapter, Article 2A 36-of Chapter 105 of the General Statutes, and the rules issued by the 37-Commission under the authority of this Chapter or the Department of Revenue 38-under the authority of Article 2A of Chapter 105 of the General Statutes. 39-(29) Tobacco retail sales permit. – A retail seller permit, a delivery seller permit, 40-or a remote seller permit issued to a retail dealer pursuant to this Chapter. 41-(30) Vapor product. – Any noncombustible product t hat employs a mechanical 42-heating element, battery, or electronic circuit regardless of shape or size and 43-that can be used to heat a consumable product or e-liquid contained in a vapor 44-cartridge. This term includes an electronic cigarette, electronic cigar, 45-electronic cigarillo, electronic pipe, vape pen, and e-liquid. This term does not 46-include any product regulated by the United States Food and Drug 47-Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. 48-(b) Except as otherwise defined in this Chapter, the definitions in G.S. 105-113.4 apply 49-to this Chapter. 50-"§ 18D-101. Powers and duties of the Commission. 51-General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 3-(a) The Commission shall have the authority to do all of the following: 1-(1) Administer the tobacco retail sales laws pursuant to this Chapter. 2-(2) Provide for enforcement of the tobacco retail sales laws pursuant to this 3-Chapter, in conjunction with the ALE Division. 4-(3) Issue permits and impose sanctions against permittees in accordance with this 5-Chapter. 6-(b) The Commission shall have all other powers which may be reasonably implied from 7-the granting of the express powers listed in subsection (a) of this section, or which may be 8-incidental to, or convenient for, performing the duties given to the Commission. 9-"§ 18D-102. Inspection of licensed premises. 10-(a) To procure evidence of violations of the tobacco retail sales law, alcohol law 11-enforcement agents and employees of the Commission shall have authority to investigate the 12-operation of each licensed premises for which a tobacco retail sales permit has been issued, to 13-make inspections that include viewing the entire premises, and to examine the books and records 14-of the permittee. The inspection authorized by this section may be made at any time it reasonably 15-appears that someone is on the premises. 16-(b) Refusal by a permittee or by any employee of a permittee to allow officers or 17-employees of the Commission to enter the premises to make an inspection authorized by 18-subsection (a) of this section shall be cause for revocation, suspension, or other action against the 19-permit or the permittee as provided in G.S. 18D-103. It shall be a Class 2 misdemeanor for any 20-person to resist or obstruct an officer attempting to make a lawful inspection under this section. 21-"§ 18D-103. Administrative penalties. 22-(a) For any violation of the tobacco retail sales laws, the Commission may take any of 23-the following actions against a permittee: 24-(1) Suspend the permittee's permit for a specified period of time not longer than 25-three years. 26-(2) Revoke the permittee's permit. 27-(3) Fine the permittee up to five hundred dollars ($500.00) for the first violation, 28-up to seven hundred fifty dollars ($750.00) for the second violation within 29-three years, and up to one thousand dollars ($1,000) for the third violation 30-within three years of the first violation. 31-(4) Suspend the permittee 's permit under subdivision (1) of this subsection and 32-impose a fine under subdivision (3) of this subsection. 33-(b) In any case in which the Commission is entitled to suspend or revoke a permit, the 34-Commission may accept from the permittee an offer in compromise to pay a penalty of not more 35-than five thousand dollars ($5,000). The Commission may either accept a compromise or revoke 36-a permit, but not both. The Commission may accept a compromise and suspend the permit in the 37-same case. 38-(c) The clear proceeds of fines and penalties assessed pursuant to this section shall be 39-remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 40-(d) Suspension or revocation of a permit is grounds for suspension or revocation of any 41-related State or local revenue license. 42-(e) Unless some other disposition is ordered by the Commission for a tobacco retail sales 43-law violation, revocation or suspension of a permit under subsection (a) of this section does not 44-include automatic revocation or suspension, respectively, of any ABC permit held by the same 45-permittee for the same establishment. 46-"§ 18D-104. Rules. 47-The Commission shall have authority to adopt, amend, and repeal rules to carry out the 48-provisions of this Chapter. Those rules shall become effective when adopted and filed pursuant 49-to the provisions of Chapter 150B of the General Statutes. 50-"§ 18D-105. Applicability of Administrative Procedure Act. 51-General Assembly Of North Carolina Session 2025-Page 4 House Bill 430-First Edition+(10) Delivery service. – As defined in G.S. 105-113.4. 35+H.B. 430+Mar 18, 2025+HOUSE PRINCIPAL CLERK+General Assembly Of North Carolina Session 2025+Page 2 DRH10204-MLf-65B+(11) Distribute. – Sell, furnish, give, or provide tobacco products, including 1+tobacco product samples, to the ultimate consumer. 2+(12) E-liquid. – As defined in G.S. 14-401.18A. 3+(13) Packaging. – Has the same meaning as the term "package" in G.S. 105-113.4. 4+(14) Permit. – A permit issued to a retail dealer pursuant to this Chapter, unless the 5+context clearly requires otherwise. 6+(15) Person. – An individual, firm, partnership, association, corporation, limited 7+liability company, other organization or group, or other combination of 8+individuals acting as a unit. 9+(16) Premises. – A fixed permanent establishment, including all areas inside or 10+outside the licensed establishment, where the permittee has control through a 11+lease, deed, or other legal process. 12+(17) Proof of age. – A drivers license, a special identification card issued under 13+G.S. 20-37.7 or issued by the state agency of any other state authorized to 14+issue similar official state special identification cards for that state, a military 15+identification card, or a passport showing the purchaser's age to be at least the 16+required age for purchase and bearing a physical description of the person 17+named on the card reasonably describing the purchaser. 18+(18) Remote sale. – As defined in G.S. 105-113.4. 19+(19) Remote seller. – As defined in G.S. 105-113.4. 20+(20) Remote seller permit. – A permit issued to a remote seller pursuant to this 21+Chapter. 22+(21) Retail dealer. – As defined in G.S. 105-113.4. 23+(22) Retail seller. – A retail dealer who is not a delivery seller or remote seller. 24+(23) Retail seller permit. – A permit issued to a retail seller pursuant to this Chapter. 25+(24) Sale. – As defined in G.S. 105-113.4. 26+(25) Sample. – A tobacco product distributed to members of the general public at 27+no cost for the purpose of promoting the product. 28+(26) Secretary. – The Secretary of the Department of Revenue. 29+(27) Tobacco product. – Any product that contains tobacco or nicotine from any 30+source and is intended for human consumption. This term includes a n 31+alternative nicotine product, vapor product, e -liquid, consumable product, 32+component of a tobacco product, or component of a n alternative nicotine 33+product. 34+(28) Tobacco retail sales law. – Any statute or statutes in this Chapter, Article 2A 35+of Chapter 105 of the General Statutes, and the rules issued by the 36+Commission under the authority of this Chapter or the Department of Revenue 37+under the authority of Article 2A of Chapter 105 of the General Statutes. 38+(29) Tobacco retail sales permit. – A retail seller permit, a delivery seller permit, 39+or a remote seller permit issued to a retail dealer pursuant to this Chapter. 40+(30) Vapor product. – Any noncombustible product that employs a mechanical 41+heating element, battery, or electronic circuit regardless of shape or size and 42+that can be used to heat a consumable product or e-liquid contained in a vapor 43+cartridge. This term includes an electronic cigarette, electronic cigar, 44+electronic cigarillo, electronic pipe, vape pen, and e-liquid. This term does not 45+include any product regulated by the United States Food and Drug 46+Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. 47+(b) Except as otherwise defined in this Chapter, the definitions in G.S. 105-113.4 apply 48+to this Chapter. 49+"§ 18D-101. Powers and duties of the Commission. 50+(a) The Commission shall have the authority to do all of the following: 51+General Assembly Of North Carolina Session 2025+DRH10204-MLf-65B Page 3+(1) Administer the tobacco retail sales laws pursuant to this Chapter. 1+(2) Provide for enforcement of the tobacco retail sales laws pursuant to this 2+Chapter, in conjunction with the ALE Division. 3+(3) Issue permits and impose sanctions against permittees in accordance with this 4+Chapter. 5+(b) The Commission shall have all other powers which may be reasonably implied from 6+the granting of the express powers listed in subsection (a) of this section, or which may be 7+incidental to, or convenient for, performing the duties given to the Commission. 8+"§ 18D-102. Inspection of licensed premises. 9+(a) To procure evidence of violations of the tobacco retail sales law, alcohol law 10+enforcement agents and employees of the Commission shall have authority to investigate the 11+operation of each licensed premises for which a tobacco retail sales permit has been issued, to 12+make inspections that include viewing the entire premises, and to examine the books and records 13+of the permittee. The inspection authorized by this section may be made at any time it reasonably 14+appears that someone is on the premises. 15+(b) Refusal by a permittee or by any employee of a permittee to allow officers or 16+employees of the Commission to enter the premises to make an inspection authorized by 17+subsection (a) of this section shall be cause for revocation, suspension, or other action against the 18+permit or the permittee as provided in G.S. 18D-103. It shall be a Class 2 misdemeanor for any 19+person to resist or obstruct an officer attempting to make a lawful inspection under this section. 20+"§ 18D-103. Administrative penalties. 21+(a) For any violation of the tobacco retail sales laws, the Commission may take any of 22+the following actions against a permittee: 23+(1) Suspend the permittee's permit for a specified period of time not longer than 24+three years. 25+(2) Revoke the permittee's permit. 26+(3) Fine the permittee up to five hundred dollars ($500.00) for the first violation, 27+up to seven hundred fifty dollars ($750.00) for the second violation within 28+three years, and up to one thousand dollars ($1,000) for the third violation 29+within three years of the first violation. 30+(4) Suspend the permittee 's permit under subdivision (1) of this subsection and 31+impose a fine under subdivision (3) of this subsection. 32+(b) In any case in which the Commission is entitled to suspend or revoke a permit, the 33+Commission may accept from the permittee an offer in compromise to pay a penalty of not more 34+than five thousand dollars ($5,000). The Commission may either accept a compromise or revoke 35+a permit, but not both. The Commission may accept a compromise and suspend the permit in the 36+same case. 37+(c) The clear proceeds of fines and penalties assessed pursuant to this section shall be 38+remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. 39+(d) Suspension or revocation of a permit is grounds for suspension or revocation of any 40+related State or local revenue license. 41+(e) Unless some other disposition is ordered by the Commission for a tobacco retail sales 42+law violation, revocation or suspension of a permit under subsection (a) of this section does not 43+include automatic revocation or suspension, respectively, of any ABC permit held by the same 44+permittee for the same establishment. 45+"§ 18D-104. Rules. 46+The Commission shall have authority to adopt, amend, and repeal rules to carry out the 47+provisions of this Chapter. Those rules shall become effective when adopted and filed pursuant 48+to the provisions of Chapter 150B of the General Statutes. 49+"§ 18D-105. Applicability of Administrative Procedure Act. 50+General Assembly Of North Carolina Session 2025+Page 4 DRH10204-MLf-65B(a) A permit is a "license" within the meaning of G.S. 150B-2 and, except for a 1confirmation pursuant to G.S. 18D-300(a)(7), a Commission action on issuance, suspension, or 2revocation of a permit, other than a temporary permit issued under G.S. 18D-304, is a "contested 3@@ -180,7 +181,7 @@commencement of the trial or administrative hearing relating to the violation, unless some other 26disposition is authorized under this section. 27(b) After giving notice to each defendant, to any other known owner, and to the 28-Commission, a judge may order any of the following di spositions of tobacco products seized as 29+Commission, a judge may order any of the following dispositions of tobacco products seized as 29evidence of a tobacco retail sales law violation: 30(1) The destruction of any tobacco products except that amount needed for 31evidence at trial. 32@@ -196,25 +197,25 @@charge relating to those tobacco products, the judge may order the sale or 42destruction of any tobacco products that were held until trial. 43(2) If the owner or possessor of the tobacco products is found not guilty, or if 44-charges are d ismissed or otherwise resolved in favor of the owner or 45+charges are dismissed or otherwise resolved in favor of the owner or 45possessor, the judge shall order the tobacco products returned to that owner or 46possessor, except as provided in subdivision (3) of this subsection. 47-(3) If the owner or possessor of the tobacco produc ts is found not guilty, or if 48+(3) If the owner or possessor of the tobacco products is found not guilty, or if 48charges are otherwise resolved in favor of the owner or possessor, but 49possession of the tobacco products by that owner or possessor would be 50unlawful, the judge shall order the tobacco products either sold or destroyed. 51General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 5+DRH10204-MLf-65B Page 5(4) If ownership of the tobacco products remains uncertain after trial or after the 1charges have been dismissed, the judge may order the tobacco products held 2for a specified time, until ownership of the tobacco products can be 3determined. 4-(d) If tobacco produc ts used as evidence in a criminal proceeding are also needed as 5+(d) If tobacco products used as evidence in a criminal proceeding are also needed as 5evidence at an administrative hearing, a judge shall not order any of the dispositions set out in 6-subsection (c) of this section but shall order the tobacco products held for the administrativ e 7+subsection (c) of this section but shall order the tobacco products held for the administrative 7hearing and for a determination of final disposition by the Commission. The Commission may, 8before or after an administrative hearing, order any of the dispositions authorized under 9-subsections (b) and (c) of this section. If no related criminal proceedi ng has commenced, the 10+subsections (b) and (c) of this section. If no related criminal proceeding has commenced, the 10Commission shall not order destruction of tobacco products until notice has been given to the 11district attorney for the district where the tobacco products were seized or any violation of 12tobacco retail sales laws related to the seizure of the tobacco products is likely to be prosecuted. 13@@ -228,7 +229,7 @@but the possession of the tobacco products by that owner or possessor would be unlawful, or if 21the ownership of the tobacco products cannot be determined, the proceeds from the sale of those 22tobacco products shall be paid to the school fund of the county in which the tobacco products 23-were seized. If the owner or po ssessor of tobacco products seized for violation of the tobacco 24+were seized. If the owner or possessor of tobacco products seized for violation of the tobacco 24retail sales laws is found not guilty of criminal charges relating to the seizure of those tobacco 25products or the charge is dismissed or otherwise resolved in favor of the owner or possessor, and 26if possession of the tobacco products by that owner or possessor was lawful when the tobacco 27@@ -256,7 +257,7 @@of that tobacco product. An order for seizure may be issued only after criminal process has been 49issued for tobacco retail sales law violation in connection with that tobacco product. The order 50General Assembly Of North Carolina Session 2025-Page 6 House Bill 430-First Edition+Page 6 DRH10204-MLf-65Bshall describe the tobacco product to be seized and shall state the facts establishing probable 1cause to believe that the tobacco product is subject to forfeiture. 2(d) A law enforcement officer seizing tobacco product subject to forfeiture shall provide 3@@ -270,7 +271,7 @@charge is dismissed or otherwise resolved in favor of the owner or possessor, 11the judge shall order the tobacco product returned to the owner or possessor. 12(3) If ownership of the tobacco product remains uncertain after trial, the judge 13-may order th e tobacco product held for a specified time to determine 14+may order the tobacco product held for a specified time to determine 14ownership. If the judge finds that ownership cannot be determined with 15reasonable effort, the judge shall order the tobacco product forfeited. 16(4) Regardless of the disposition of the charge, if the tobacco product is something 17@@ -285,12 +286,12 @@wholesaler, or a tobacco retail sales permittee. 26(2) Destruction, if possession of the tobacco product would be unlawful or if sale 27or other disposition is not practical. 28-(g) If the forfeited tobacco product is sol d, the proceeds of that sale shall be paid to the 29+(g) If the forfeited tobacco product is sold, the proceeds of that sale shall be paid to the 29school fund of the county in which the tobacco product was seized, except as provided in 30subsection (h) of this section. Before placing the proceeds in the school fund, the agency making 31the sale may deduct and retain the costs of storing the tobacco product and conducting the sale. 32(h) At any time before forfeiture is ordered, an owner of the seized tobacco product or a 33-holder of a security interest in the seized tobacco product, other than the defendant, m ay apply 34+holder of a security interest in the seized tobacco product, other than the defendant, may apply 34to protect the person's interest in the tobacco product. The application may be made to any judge 35who has jurisdiction to try the offense with which the tobacco product is associated. If the judge 36finds that the tobacco product owner or holder of a security interest did not consent to the 37@@ -308,7 +309,7 @@attorney may seek forfeiture either by an action in rem against the tobacco product or by motion 49in the criminal action. 50General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 7+DRH10204-MLf-65B Page 7(j) Any owner of tobacco product seized for forfeiture may apply to a judge to have the 1tobacco product returned to him if no criminal charge has been made in connection with that 2tobacco product within a reasonable time after seizure. The judge may not order the return of the 3@@ -324,21 +325,21 @@applicant or permittee and is not a manager or otherwise responsible 13for the day-to-day operation of the business. 14b. The person has executed a power of attorney designating a qualified 15-resident of this State to serve as attorney -in-fact for the purposes of 16+resident of this State to serve as attorney-in-fact for the purposes of 16receiving service of process and managing the business for which 17permits are sought. 18(3) Not have been convicted of a felony within three years and, if convicted of a 19felony before then, have had his or her citizenship restored. 20(4) Not have been convicted of a tobacco product retail sales offense pursuant to 21this Chapter within two years. 22-(5) Not have been convicted of a misdemeanor controlled substance offense 23+(5) Not have been convicted of a misdemeanor controlled substance offense 23within two years. 24(6) Not have had a tobacco retail sales permit revoked within three years, except 25where the revocation was based solely on a permittee 's failure to pay the 26annual renewal fee required in G.S. 18D-302(d). 27(7) Be current in filing all applicable tax returns to the State and in payment of all 28taxes, interest, and penalties that are collectible under G.S. 105-241.22. 29-To avoid undue hardship, however, the Commission may decline to take ac tion under 30+To avoid undue hardship, however, the Commission may decline to take action under 30G.S. 18D-103 against a permittee who is in violation of subdivision (3), (4), or (5) of this 31subsection. 32(b) A person has been "convicted" for the purposes of subsection (a) of this section when 33@@ -349,19 +350,19 @@in another jurisdiction disqualifies a person from being eligible to receive or hold a tobacco retail 38sales permit if the conduct would constitute an offense in North Carolina, unless the Commission 39determines that under North Carolina procedure judgment would not have been entered under 40-the same circumstances. Revocation o f a permit in another jurisdiction disqualifies a person if 41+the same circumstances. Revocation of a permit in another jurisdiction disqualifies a person if 41the conduct would be grounds for revocation of a tobacco retail sales permit in North Carolina. 42(c) For a permit to be issued to and held for a business, each of the following persons 43associated with that business must qualify under subsection (a) of this section: 44(1) The owner of a sole proprietorship. 45(2) Each member of a firm, association, or general partnership. 46(3) Each general partner in a limited partnership. 47-(4) Each manager and any member with a twenty-five percent (25%) or greater 48+(4) Each manager and any member with a twenty -five percent (25%) or greater 48interest in a limited liability company. 49(5) Each officer, director, and owner of twenty-five percent (25%) or more of the 50stock of a corporation except that the requirement of subdivision (1) of 51General Assembly Of North Carolina Session 2025-Page 8 House Bill 430-First Edition+Page 8 DRH10204-MLf-65Bsubsection (a) of this section does not apply to the officer, director, or 1stockholder unless he or she is a manager or is otherwise responsible for the 2day-to-day operation of the business. 3@@ -369,27 +370,27 @@(7) Any manager who has been empowered as attorney -in-fact for a nonresident 5individual or partnership. 6(8) Any manager or person otherwise responsible for the day-to-day operation of 7-the business, if none of the persons listed in subdivisions (1) through (7 ) of 8+the business, if none of the persons listed in subdivisions (1) through (7) of 8this subsection are a manager or person otherwise responsible for the 9day-to-day operation of the business. 10(d) Upon request of the Commission, the Department of Revenue shall provide 11-information to the Commission to confirm a person 's compliance with subdivision (7) of 12+information to the Commission to confirm a person 's compliance with subdivision (7) of 12subsection (a) of this section. If the Department of Revenue notifies the Commission that a person 13is not in compliance, then the Commission may not issue or renew the person 's permit until the 14-Commission receives notice from the Depart ment of Revenue that the person is in compliance. 15+Commission receives notice from the Department of Revenue that the person is in compliance. 15The requirement to pay all taxes, interest, and penalties may be satisfied by an operative 16agreement under G.S. 105-237 covering any amounts that are collectible under G.S. 105-241.22. 17-Chapter 150B of the G eneral Statutes does not apply to a Commission action on issuance, 18+Chapter 150B of the General Statutes does not apply to a Commission action on issuance, 18suspension, or revocation of a tobacco retail sales permit under subdivision (7) of subsection (a) 19of this section. 20"§ 18D-301. Issuance of permits. 21(a) All tobacco retail sales permits shall be issued by the Commission. 22(b) Before issuing a permit, the Commission shall be satisfied that the applicant is a 23suitable person to hold a tobacco retail sales permit and that the location is a suitable place to 24-hold the permit for which the appli cant has applied. Factors the Commission shall consider in 25+hold the permit for which the applicant has applied. Factors the Commission shall consider in 25determining whether the applicant and the business location are suitable are all of the following: 26(1) The reputation, character, and criminal record of the applicant. 27-(2) Any other evidence that w ould tend to show whether the applicant would 28+(2) Any other evidence that would tend to show whether the applicant would 28comply with the tobacco retail sales laws. 29(3) Whether the operation of the retail seller permit applicant 's business at that 30location would be detrimental to the neighborhood, including evidence 31@@ -407,31 +408,31 @@"§ 18D-302. Application for permit; fees. 43(a) An application for a permit shall be on a form prescribed by the Commission and shall 44be notarized in accordance with Chapter 10B of the General Statutes. Each person required to 45-qualify under G.S. 18D-300(c) shall sign and swear to the application and submit a full set of 46+qualify under G.S. 18D-300(c) shall sign and swear to the application and submit a full set of 46fingerprints with the application. 47(b) Before issuing a new permit, the Commission, with the assistance of the ALE 48Division, shall investigate the applicant and, for a retail seller permit, the premises for which the 49-permit is requested. An applicant shall cooperate fully with the investigation . The State Bureau 50+permit is requested. An applicant shall cooperate fully with the investigation. The State Bureau 50of Investigation may provide a criminal record check to the ALE Division for a person who has 51General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 9+DRH10204-MLf-65B Page 9applied for a permit through the Commission. The ALE Division shall provide to the State Bureau 1-of Investigation, along with the request, the f ingerprints of the applicant, any additional 2+of Investigation, along with the request, the fingerprints of the applicant, any additional 2information required by the State Bureau of Investigation , and a form signed by the applicant 3consenting to the check of the criminal record and to the use of the fingerprints and other 4identifying information required by the State or national repositories. The applicant's fingerprints 5shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history 6-record file, and the State Bureau of Investigation shall forward a set of the f ingerprints to the 7+record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the 7Federal Bureau of Investigation for a national criminal history check. The ALE Division and the 8Commission shall keep all information pursuant to this subsection privileged, in accordance with 9-applicable State law and federal guidelines, and the information shall be confidential and shall 10+applicable State law and federal guidelines, and the information shall be confidential and shall 10not be a public record under Chapter 132 of the General Statutes. The State Bureau of 11Investigation may charge each applicant a fee for conducting the checks of criminal history 12records authorized by this subsection. 13(c) Knowingly making a false statement in an application for a permit shall be grounds 14for denying, suspending, revoking , or taking other action against the permit as provided in 15G.S. 18D-103 and shall also be unlawful. 16-(d) An application for a permit shall be accompanied by payment of the following 17+(d) An application for a permit shall be accompanied by payment of the following 17application fee: 18(1) Retail seller permit. – $400.00. 19(2) Delivery seller permit. – $400.00. 20@@ -467,11 +468,11 @@contract, lease, management agreement, or change of ownership or transfer of 50business as provided in subdivision (1) of this subsection becomes lawfully 51General Assembly Of North Carolina Session 2025-Page 10 House Bill 430-First Edition-entitled to use and control of t he premises of an establishment that holds 1+Page 10 DRH10204-MLf-65B+entitled to use and control of the premises of an establishment that holds 1permits immediately prior to such change of ownership may continue to 2operate the establishment, as successor to the prior permittee, to the same 3-extent as the predecessor permittee until the person receives a tem porary or 4+extent as the predecessor permittee until the person receives a temporary or 4new permit, subject to the following limitations: 5a. The person shall provide written or electronic notice to the 6Commission of the name of the non -permitted person, the name and 7@@ -479,7 +480,7 @@ownership. The person may not operate the establishment as provided 9in this subdivision until the person has provided notice to the 10Commission. The Commission shall not require any additional 11-documentation besides the written or electronic notice to sat isfy this 12+documentation besides the written or electronic notice to satisfy this 12requirement. The prior permittee shall not be liable for any acts or 13omissions of the non -permitted person operating the establishment. 14Any violations of the tobacco retail sales law committed by the person 15@@ -487,7 +488,7 @@permit based on the acts or omissions of the person operating the 17establishment shall not preclude the prior permittee from receiving a 18tobacco retail sales permit for a different establishment. 19-b. The person shall submit a new per mit application to the Commission 20+b. The person shall submit a new permit application to the Commission 20within 60 days after the change of ownership. If the person does not 21apply for a new permit within 60 days, all permits for the establishment 22shall automatically expire and shall be surrendered to the Commission. 23@@ -507,7 +508,7 @@establishment. 37e. The person shall be authorized to operate the establishment as 38successor to the prior permittee to the same extent as the predecessor 39-permittee until the Commission either issu es or denies the permit 40+permittee until the Commission either issues or denies the permit 40application submitted pursuant to sub -subdivision b. of this 41subdivision. 42(2a) The transfer by a person of any ownership interest to a revocable or 43@@ -519,8 +520,8 @@the trust, this shall constitute a change in ownership for purposes of 49subdivision (1) of this subsection. The trustee shall notify the Commission 50General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 11-within 30 days if the person who transferred the ownership interest ceases to 1+DRH10204-MLf-65B Page 11+within 30 days if the person who transferred the ownership interest ceases to 1operate the establishment. 2(e) A corporation holding a permit for an establishment for which the manager is required 3to qualify as an applicant under G.S. 18D-300(c) shall, within 30 days after employing a new 4@@ -530,18 +531,18 @@(f) A permit issued pursuant to this Chapter may not be transferred from one person to 8another or from one location to another. 9(g) The Commission may issue duplicate permits for an establishment when the existing 10-valid permits have been lost or damaged. The request for dupl icate permits shall be on a form 11+valid permits have been lost or damaged. The request for duplicate permits shall be on a form 11provided by the Commission, certified by the permittee and the ALE Division, and accompanied 12by a fee of ten dollars ($10.00). 13(h) The Commission may issue new permits to a permittee upon application and payment 14-of a fee of ten dollars ($10.00) for each location when the permittee 's name or name of the 15+of a fee of ten dollars ($10.00) for each location when the permittee 's name or name of the 15business is changed. 16"§ 18D-304. Miscellaneous provisions concerning permits. 17(a) The following apply to permits issued pursuant to this Chapter: 18(1) A retail seller permit shall authorize the sale of tobacco products only in the 19physical presence of the consumer on the fixed premises of the establishment 20located in the State and named in the permit. A retail seller permit shall be 21-issued to the owner of the business conducte d on the premises or to the 22+issued to the owner of the business conducted on the premises or to the 22management company employed to independently manage and operate the 23business. The Commission may determine if a management agreement 24delegates sufficient managerial control and independence to a manager or 25@@ -549,7 +550,7 @@manager. 27(2) A delivery seller permit shall authorize a delivery sale only, originating either 28inside or outside of the State. A delivery seller permit shall be issued to the 29-owner of the business or to th e management company employed to 30+owner of the business or to the management company employed to 30independently manage and operate the business. The Commission may 31determine if a management agreement delegates sufficient managerial control 32and independence to a manager or management company to require a delivery 33@@ -563,7 +564,7 @@seller permit to be issued to the manager. 41(b) Each retail seller permit that is held by an establishment shall be posted in a prominent 42place on the premises. Each delivery seller or remote seller shall post its delivery seller or remote 43-seller permit number on any advertisement, the internet, or other online service or application a 44+seller permit number on any advertisement, the internet, or other online service or application a 44customer may use to submit an order and on all invoices or receipts for tobacco products 45delivered by mail or a delivery service. 46(c) No tobacco retail sales permit shall be issued to a business on the campus or property 47@@ -571,8 +572,8 @@(d) A permit shall automatically expire and shall be surrendered to the Commission if the 49person to whom it is issued does not commence the activity authorized by the permit within six 50General Assembly Of North Carolina Session 2025-Page 12 House Bill 430-First Edition-months of the date t he permit is effective. Before the expiration of the six -month period, the 1+Page 12 DRH10204-MLf-65B+months of the date the permit is effective. Before the expiration of the six -month period, the 1Commission may waive this provision in individual cases for good cause. 2(e) Upon issuing a permit , the Commission shall send notice of the issuance, with the 3name and address of the permittee and the establishment, to all of the following: 4@@ -590,21 +591,21 @@revocation or withdrawal upon the permittee at either the permittee 's residence or the address 16given for the business in the permit application or upon the expiration of five business days after 17the notice of the revocation or withdrawal has been mailed to the permittee at either the 18-permittee's residence or the address given for the business in the permit application. No furt her 19+permittee's residence or the address given for the business in the permit application. No further 19notice shall be required. 20"§ 18D-306. Allow electronic submission of payments and forms. 21(a) The Commission shall make all forms required by the Commission to apply for and 22receive a permit available on the Commission's website, and the Commission shall, to the extent 23practicable, allow for the electronic submission of these forms. Any form required by the 24Commission to apply for and receive a permit that requires a signature may be submitted with an 25-electronic signature in accordance with Article 40 o f Chapter 66 of the General Statutes and 26+electronic signature in accordance with Article 40 of Chapter 66 of the General Statutes and 26notarized in accordance with Chapter 10B of the General Statutes. 27(b) The Commission shall accept electronic payments for any fee required under this 28Chapter to receive a permit. For purposes of this subsection, the term "electronic payment" means 29payment by charge card, credit card, debit card, or by electronic funds transfer as defined in 30G.S. 105-228.90. 31(c) The Commission may charge a fee to be used to cover costs incurred by the 32-Commission in processing forms el ectronically and accepting payments electronically. The fee 33+Commission in processing forms electronically and accepting payments electronically. The fee 33authorized under this subsection may not exceed five dollars ($5.00). 34"§ 18D-307. Tobacco sales permits and ABC permits. 35(a) Applications for permits under this Chapter may be filed simultaneously or in 36@@ -619,19 +620,19 @@(a) For purposes of this Chapter, a retail seller permittee shall be responsible for the entire 45premises for which the permit is issued. The permittee shall keep the premises clean, well-lighted, 46and orderly. 47-(b) For purposes of this Chapter, a permittee shall be responsible for the acti ons of all 48+(b) For purposes of this Chapter, a permittee shall be responsible for the actions of all 48employees of the business for which the permit is issued. 49(c) A permittee shall not knowingly employ in the sale or distribution of tobacco products 50any person who has been a past permit holder under this Chapter whose permit had been revoked 51General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 13+DRH10204-MLf-65B Page 13within the last 18 months and who had been the permit holder at the location where the person 1would be employed. 2(d) An employee or agent of a retail seller shall demand proof of age from a prospective 3-purchaser of tobacco products before the tobacco product is released to the purchaser, if the 4+purchaser of tobacco products before the tobacco product is released to the purchaser, if the 4person has reasonable grounds to believe that the prospective purchaser is under 30 years of age. 5(e) A delivery seller and remote seller shall do both of the following: 6-(1) Perform an age verification through an indep endent, third -party age 7+(1) Perform an age verification through an independent, third -party age 7verification service that compares information available from public records 8to the personal information entered by the individual during the ordering 9process to establish that the individual ordering the tobacco products is 21 10@@ -670,14 +671,14 @@(b) It shall be unlawful for a permittee to fail to superintend in person or through a 43manager the business for which a permit is issued. 44"§ 18D-402. Miscellaneous tobacco product sales provisions. 45-(a) A permittee shall not sell tobacco products through displays accessible to the public 46+(a) A permittee shall not sell tobacco products through displays accessible to the public 46without the assistance of a permittee 's employee or agent other than in an establishment open 47only to persons 21 years of age and older. 48(b) It shall be unlawful for any person to do any of the following: 49(1) Produce or possess any false or facsimile permit, or for a permittee to display 50any false or facsimile permit on the person's licensed premises. 51General Assembly Of North Carolina Session 2025-Page 14 House Bill 430-First Edition+Page 14 DRH10204-MLf-65B(2) Refuse to surrender any permit to the Commission upon lawful demand of the 1Commission or its agents. 2(3) Offer tobacco products for sale in a vending machine. 3@@ -704,13 +705,13 @@education program. The Department of Health and Human Services shall maintain a list of 24available programs on its website for use by the courts for this purpose. The listed programs must 25be at least 60 minutes in length, free of charge, and educate youth on the health effects of tobacco 26-products and tobacco cessation in a manner conforming to medical evidenc e. The person shall 27+products and tobacco cessation in a manner conforming to medical evidence. The person shall 27not be required to pay any fine or court costs. 28(b) If a person under the age of 21 presents or offers to any person any purported proof 29of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or 30receiving any tobacco product, the person shall be guilty of a Class 2 misdemeanor. 31(c) It shall not be unlawful for an employee or agent of a tobacco retail sales permittee 32-under the age of 21 years to accept receipt of , sell, transport, possess, or dispense tobacco 33+under the age of 21 years to accept receipt of , sell, transport, possess, or dispense tobacco 33products when required pursuant to a tobacco retail sales permit in the performance of that 34person's duties of employment or contract , if the employment of the person for that purpose is 35lawful under applicable youth employment statutes and Commission rules. 36@@ -722,15 +723,15 @@purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco 42products, the person shall commit an infraction and may be required by the court to complete a 43tobacco education program. The Department of Health and Human Services shall maintain a list 44-of available programs on its website for use by the courts for this purpose. Th e listed programs 45+of available programs on its website for use by the courts for this purpose. The listed programs 45must be at least 60 minutes in length, free of charge, and educate youth on the health effects of 46tobacco products and tobacco cessation in a manner conforming to medical evidence. The person 47shall not be required to pay any fine or court costs. 48(b) If any person 21 years of age or older shall send a person less than 21 years of age to 49purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products, or if any 50-person 21 years of age or older shall aid or abet a pers on who is less than 21 years of age in 51-General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 15+person 21 years of age or older shall aid or abet a person who is less than 21 years of age in 51+General Assembly Of North Carolina Session 2025+DRH10204-MLf-65B Page 15purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco 1products, the person shall be guilty of a Class 2 misdemeanor. 2"§ 18D-503. Exceptions to violations of G.S. 18D-501 and G.S. 18D-502. 3@@ -744,10 +745,10 @@21 years of age in annual, random, unannounced inspections, provided that 11prior written parental consent is given for the involvement of these persons 12and that the inspections are conducted for the sole purpose of preparing a 13-scientifically and methodologically v alid statistical study of the extent of 14+scientifically and methodologically valid statistical study of the extent of 14success the State has achieved in reducing the availability of tobacco products 15to persons under the age of 21, and preparing any report to the extent required 16-by section 1926 of the federal Public Health Service Act (42 U .S.C. § 17+by section 1926 of the federal Public Health Service Act (42 U .S.C. § 17300x-26). 18(3) A research program affiliated with an accredited community college, college, 19or university located in this State to test compliance as part of a scientific 20@@ -758,14 +759,14 @@46. The ALE Division and the Department of Health and Human Services 25shall be provided a copy of the study protocol 30 calendar days before it is 26presented to the institutional review board and given an opportunity to provide 27-comments regarding the proposed research protoco l to the research 28+comments regarding the proposed research protocol to the research 28investigators. The research investigators shall provide any comments received 29from the ALE Division and the Department of Health and Human Services to 30the institutional review board for review prior to the rendering of a decision 31on the scientific research study application. A person shall not be guilty of a 32violation of this Article when the act in question arises as part of a test of 33compliance in a scientific research study pursuant to this subdivision. A 34-permittee shall not be in viola tion of this Article or subject to any 35+permittee shall not be in violation of this Article or subject to any 35administrative penalty when the act in question arises as part of a test of 36compliance in a scientific research study pursuant to this subdivision. 37"§ 18D-504. Defense to underage sale. 38@@ -778,16 +779,16 @@the person named on the card reasonably describing the purchaser. 45(2) Produces evidence of other facts that reasonably indicated at the time of sale 46that the purchaser was at least the required age. 47-(3) Shows that at the time of purchase, the purchaser utilized a biome tric 48+(3) Shows that at the time of purchase, the purchaser utilized a biometric 48identification system that demonstrated (i) the purchaser 's age to be at least 49the required age for the purchase and (ii) the purchaser had previously 50registered with the seller or seller 's agent a drivers license, a special 51General Assembly Of North Carolina Session 2025-Page 16 House Bill 430-First Edition+Page 16 DRH10204-MLf-65Bidentification card issued under G.S. 20-37.7 or issued by the state agency of 1any other state authorized to issue similar official state special identification 2cards for that state, a military identification card, or a passport showing the 3-purchaser's date of birth and bearing a p hysical description of the person 4+purchaser's date of birth and bearing a physical description of the person 4named on the document. 5"§ 18D-505. Deferred prosecution or conditional discharge. 6Notwithstanding G.S. 15A-1341(a1) or G.S. 15A-1341(a4), any person charged with a 7@@ -800,7 +801,7 @@"§ 18D-600. Restitution. 14When a person is convicted of a violation of the tobacco retail sales laws, the court may order 15the person to make restitution to any law enforcement agency for reasonable expenditures made 16-in purchasing tobacco products from the person or the person's agent as part of an investigation 17+in purchasing tobacco products from the person or the person 's agent as part of an investigation 17leading to the person's conviction. 18"§ 18D-601. Criminal penalty. 19Unless a different punishment is otherwise expressly stated, any person who violates any 20@@ -825,18 +826,18 @@shall be at least five hundred dollars ($500.00) but not more than seven 39hundred fifty dollars ($750.00) and, if licensed, the licensee 's license 40shall be suspended for 30 days. 41-b. For a third or subse quent violation of this type within a 12 -month 42+b. For a third or subsequent violation of this type within a 12 -month 42period, the fine shall be at least one thousand dollars ($1,000) but not 43more than one thousand five hundred dollars ($1,500) and, if licensed, 44the licensee's license shall be revoked. 45-c. Upon a second or subs equent violation of this type, consumable 46+c. Upon a second or subsequent violation of this type, consumable 46products or vapor products that are not on the directory as required by 47G.S. 143B-245.12, and are possessed by a retailer, distributor, or 48wholesaler, shall be subject to seizure, forfeiture, and destruction. The 49cost of such seizure, forfeiture, and destruction shall be borne by the 50person from whom the products are confiscated, except that no 51General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 17+DRH10204-MLf-65B Page 17products may be seized from a consumer who has made a bona fide 1purchase of such product. The Secretary may store and dispose of the 2seized products as appropriate, in accordance with federal, State, and 3@@ -856,17 +857,17 @@(c) In an action to enforce this section, the State shall be entitled to recover costs, 17including the costs of investigation, expert witness fees, and reasonable attorneys' fees. 18(d) A repeated violation of the requirements of Part 3 of Article 4 of Chapter 143B of the 19-General Statutes sh all constitute a deceptive trade practice under Chapter 75 of the General 20+General Statutes shall constitute a deceptive trade practice under Chapter 75 of the General 20Statutes." 2122PART II. CONFORMING CHANGES 23SECTION 2.(a) G.S. 14-313 is repealed. 24SECTION 2.(b) G.S. 7B-2508.1(2) reads as rewritten: 25-"(2) Criminal gang activity. – The commission of, attempted commission of, or 26+"(2) Criminal gang activity. – The commission of, attempted commission of, or 26solicitation, coercion, or intimidation of another person to commit (i) any 27offense under Article 5 of Chapter 90 of the General Statutes or (ii) any 28offense under Chapter 14 of the General Statutes except Article 9, 22A, 40, 29-46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184, 30+46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184, 3014-186, 14-190.9, 14-247, 14-248, or 14-313 or 14-248 thereof, and either of 31the following conditions is met: 32a. The offense is committed with the intent to benefit, promote, or further 33@@ -880,14 +881,14 @@solicitation, coercion, or intimidation of another person to commit (i) any 41offense under Article 5 of Chapter 90 of the General Statutes or (ii) any 42offense under Chapter 14 of the General Statutes except Article 9, 22A, 40, 43-46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184, 44+46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184, 4414-186, 14-190.9, 14-247, 14-248, or 14-313 or 14-248 thereof, and either of 45the following conditions is met: 46a. The offense is committed with the intent to benefit, promote, or further 47the interests of a criminal gang or for the purposes of increasing a 48person's own standing or position within a criminal gang. 49General Assembly Of North Carolina Session 2025-Page 18 House Bill 430-First Edition+Page 18 DRH10204-MLf-65Bb. The participants in the offense are identified as criminal gang members 1acting individually or collectively to further any criminal purpose of a 2criminal gang." 3@@ -895,12 +896,12 @@"§ 15A-145. Expunction of records for first offenders under the age of 18 at the time of 5conviction of misdemeanor; expunction of certain other misdemeanors. 6(a) Whenever any person who has not previously been convicted of any felony, or 7-misdemeanor other than a traffic violatio n, under the laws of the United States, the laws of this 8+misdemeanor other than a traffic violation, under the laws of the United States, the laws of this 8State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic 9violation, and the offense was committed before the person attained the age of 18 years, or (ii) 10pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to 11G.S. 18B-302(b)(1), or the offense of the sale of a tobacco product to a person under the age of 12-21 years pursuant to G.S. 18D-500, and the offense was committed before the person attained 13+21 years pursuant to G.S. 18D-500, and the offense was committed before the person attained 13the age of 21 years, he the person may file a petition in the court of the county where he the 14person was convicted for expunction of the misdemeanor from his the person's criminal record. 15The petition cannot be filed earlier than: (i) two years after the date of the conviction, or (ii) the 16@@ -924,11 +925,11 @@check by the State Bureau of Investigation using any information required by 34the Administrative Office of the Courts to identify the individual and a search 35of the confidential record of expunctions maintained by the Administrative 36-Office of the Courts. The application shall be filed with the clerk of superi or 37+Office of the Courts. The application shall be filed with the clerk of superior 37court. The clerk of superior court shall forward the application to the State 38Bureau of Investigation and to the Administrative Office of the Courts, which 39shall conduct the searches and report their findings to the court. 40-(5) An affidavit by the petiti oner that no restitution orders or civil judgments 41+(5) An affidavit by the petitioner that no restitution orders or civil judgments 41representing amounts ordered for restitution entered against him the petitioner 42are outstanding. 43The petition shall be served upon the district attorney of the court wherein the case was tried 44@@ -939,7 +940,7 @@that he the judge deems desirable. 49… 50General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 19+DRH10204-MLf-65B Page 19(b) If the court, after hearing, finds that the petitioner had remained of good behavior and 1been free of conviction of any felony or misdemeanor, other than a traffic violation, for two years 2from the date of conviction of the misdemeanor in question, the petitioner has no outstanding 3@@ -965,11 +966,11 @@"§ 18B-203. Powers and duties of the Commission. 23(a) Powers. – The Commission shall have authority to:to do all of the following: 24(1) Administer the ABC laws;laws. 25-(2) Provide for enforcement of the ABC laws, in conjunction with the AL E 26+(2) Provide for enforcement of the ABC laws, in conjunction with the ALE 26Division;Division. 27(2a) Provide for the enforcement of the tobacco retail sales laws as set forth in 28Chapter 18D of the General Statutes, in conjunction with the ALE Division. 29-(3) Set the prices of alcoholic beverages sold in local ABC stores as provided in 30+(3) Set the prices of alcoholic beverages sold in local ABC stores as provided in 30Article 8;8. 31(4) Require reports and audits from local boards as provided in 32G.S. 18B-205;G.S. 18B-205. 33@@ -992,9 +993,9 @@(14) Fix the amount of bailment charges and bailment surcharges to be assessed on 50liquor shipped from a Commission warehouse;warehouse. 51General Assembly Of North Carolina Session 2025-Page 20 House Bill 430-First Edition+Page 20 DRH10204-MLf-65B(15) Collect bailment charges and bailment surcharges from local boards;boards. 1-(16) Notwithstanding any law to the contrary , enter into contracts for design and 2+(16) Notwithstanding any law to the contrary, enter into contracts for design and 2construction of a warehouse or warehouses and supervise work and materials 3used in the construction, as provided in G.S. 18B-204;G.S. 18B-204. 4… 5@@ -1037,15 +1038,15 @@SECTION 2.(i) G.S. 75D-3(c)(1)b. reads as rewritten: 42"b. Chapter 14 of the General Statutes of North Carolina except 43Articles 9, 22A, 38, 40, 43, 46, 47, 59 thereof; and further 44-excepting G.S. Sections 14 -78.1, 14 -82, 14 -86, 14-145, 45+excepting G.S. Sections 14 -78.1, 14 -82, 14 -86, 14 -145, 4514-146, 14 -147, 14 -177, 14 -178, 14 -179, 14 -183, 14 -184, 4614-186, 14 -190.9, 14 -195, 14 -197, 14 -201, 14 -202, 14 -247, 4714-248, 14-313 and 14-248 thereof." 48SECTION 2.(j) G.S. 105-113.4F(b)(2) reads as rewritten: 49-"(2) Comply with the age verification req uirements in 50+"(2) Comply with the age verification requirements in 50G.S. 14-313(b2).G.S. 18D-400(e)." 51General Assembly Of North Carolina Session 2025-House Bill 430-First Edition Page 21+DRH10204-MLf-65B Page 21SECTION 2.(k) G.S. 143B-245.10 reads as rewritten: 1"Part 3. Certification and Directory of Vapor Products and Consumable Products. 2"§ 143B-245.10. Definitions. 3@@ -1066,7 +1067,7 @@(7) Tobacco product. – As defined in G.S. 14-313(a)(4).G.S. 18D-100. 18(8) Vapor product. – As defined in G.S. 14-313(a)(5).G.S. 18D-100." 19SECTION 2.(l) G.S. 143B-245.11(a)(2) reads as rewritten: 20-"(2) The manufacturer submitted a Timely Filed Prem arket Tobacco Product 21+"(2) The manufacturer submitted a Timely Filed Premarket Tobacco Product 21Application as defined in G.S. 14-313(a)(3c) G.S. 143B-245.10 for the vapor 22product or consumable product; and the application either remains under 23review by the FDA or has received a denial order that has been and remains 24@@ -1097,15 +1098,15 @@49PART III. MISCELLANEOUS 50General Assembly Of North Carolina Session 2025-Page 22 House Bill 430-First Edition-SECTION 3.(a) Prosecutions for offenses committed before the eff ective date of 1+Page 22 DRH10204-MLf-65B+SECTION 3.(a) Prosecutions for offenses committed before the effective date of 1this act are not abated or affected by this act, and the statutes that would be applicable but for 2this act remain applicable to those prosecutions. 3SECTION 3.(b) Effective March 1, 2026, the ABC Commission may issue tobacco 4retail sales permits as authorized by Section 1 of this act effective for the period of May 1, 2026, 5through April 30, 2027. 6SECTION 3.(c) G.S. 18D-100, 18D-101, 18D-104, 18D-300 through 18D-302, and 7-18D-304 through 18D -307, as enacted by Section 1 of this act, are effe ctive when this act 8+18D-304 through 18D-307, as enacted by Section 1 of this act, are effective when this act 8becomes law and apply to permits effective on or after May 1, 2026. The remainder of Sections 91 through 3 of this act becomes effective May 1, 2026, and applies to offenses committed on or 10after that date. The remainder of this act is effective when it becomes law. 11
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.