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retail establishment has failed to so train its employees, the court may impose a civil penalty not to
exceed $1,000 in lieu of any penalties imposed hereunder for a violation of subsection A or C involving
a nicotine vapor product, alternative nicotine product, or tobacco product other than a bidi.
A violation of subsection B shall be is punishable by a civil penalty not to exceed $100 for a first
violation and a civil penalty not to exceed $250 for a second or subsequent violation. A court may, as
an alternative to the civil penalty, and upon motion of the defendant, prescribe the performance of up to
20 hours of community service for a first violation of subsection B and up to 40 hours of community
service for a second or subsequent violation. If the defendant fails or refuses to complete the community
service as prescribed, the court may impose the civil penalty. Upon a violation of subsection B, the
judge may enter an order pursuant to subdivision A 9 of § 16.1-278.8.
Any attorney for the Commonwealth of the county or city in which an alleged violation occurred
may bring an action to recover the civil penalty, which shall be paid into the state treasury. Any
law-enforcement officer may issue a summons for a violation of subsection A, B, or C.
E. 1. Cigarettes shall be sold only in sealed packages provided by the manufacturer, with the
required health warning. The proprietor of every retail establishment which that offers for sale any
tobacco product, including but not limited to cigarettes, cigars, and bidis, nicotine vapor product, or
alternative nicotine product shall post in a conspicuous manner and place a sign or signs indicating that
the sale of tobacco products, including wrappings, nicotine vapor products, or alternative nicotine
products to any person under 18 years of age is prohibited by law. Any attorney for the county, city, or
town in which an alleged violation of this subsection occurred may enforce this subsection by civil
action to recover a civil penalty not to exceed $50. The civil penalty shall be paid into the local
treasury. No filing fee or other fee or cost shall be charged to the county, city, or town which instituted
the action.
2. For the purpose of compliance with regulations of the Substance Abuse and Mental Health
Services Administration published at 61 Federal Register 1492, the Department of Agriculture and
Consumer Services may promulgate regulations which allow the Department to undertake the activities
necessary to comply with such regulations.
3. Any attorney for the county, city, or town in which an alleged violation of this subsection
occurred may enforce this subsection by civil action to recover a civil penalty not to exceed $100. The
civil penalty shall be paid into the local treasury. No filing fee or other fee or cost shall be charged to
the county, city, or town which instituted the action.
F. Nothing in this section shall be construed to create a private cause of action.
G. Agents of the Virginia Alcoholic Beverage Control Board designated pursuant to § 4.1-105 may
issue a summons for any violation of this section.
H. As used in this section:
"Alternative nicotine product" means any noncombustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.
"Alternative nicotine product" does not include any nicotine vapor product, tobacco product, or product
regulated as a drug or device by the U.S. Food and Drug Administration (FDA) under Chapter V (21
U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Bidi" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon)
or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as
a bidi or beedie; and.
"Nicotine vapor product" means any noncombustible product containing nicotine that employs a
heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means,
regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other
form. "Nicotine vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device and any cartridge or other container of nicotine in a
solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device. "Nicotine vapor product" does not
include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal
Food, Drug, and Cosmetic Act.
"Tobacco product" means any product made of tobacco and includes cigarettes, cigars, smokeless
tobacco, pipe tobacco, bidis, and wrappings. "Tobacco product" does not include any nicotine vapor
product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21
U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act.
"Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for
smoking in a manner similar to a cigarette or cigar.