Vape and tobacco laws in Kentucky

(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 materia l 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. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 3, sec. 10, effective March 13, 2026; and ch. 70, sec. 9, effective April 10, 2026. -- Amended 2025 Ky. Acts ch. 78, sec. 15, effective March 24, 2025. -- Created 2024 Ky. Acts ch. 111, sec. 7, effective January 1, 2025. Legislative Research Commission Note (4/10/2026). This statute was amended by 2026 Ky. Acts chs. 3 and 70, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (4/10/2026). 2026 Ky. Acts ch. 3, sec. 13, and ch. 70, sec. 18, provide that the amendments to this statute in those Acts shall be retroactive to January 1, 2026. Legislative Research Commission Note (4/10/2026). 2026 Ky. Acts ch. 70, sec. 14, provides that, notwithstanding any law s to the contrary, that Act shall not be construed to delay enforcement of this statute.

(a) Prohibition.—
(1) In general .—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause .—For the purposes of this subsection reasonable cause includes—
(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or
(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions.—
(1) Cigars .—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).
(2) Geographic exception .—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.
(3) Business purposes.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed only—
(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or
(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.
(4) Certain individuals.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

(5) Minimum age of sale
It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.

UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Vaping Products are considered Tobacco Products for the purpose of this policy. UPS no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.

UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.

We prohibit the shipping of tobacco and tobacco products . Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location. This includes but is not limited to:
Cigarettes
Cigars
Loose tobacco
Smokeless tobacco
Hooka or shisha
Vaporizers
E-cigarettes