Tennessee legislation · 114th General Assembly

Tennessee HB1644: AN ACT to amend Tennessee Code Annotated, Title 39; Title 57, Chapter 7; Title 63 and Title 67, Chapter 4, Part 10, relative to the "Nitrous Oxide Abuse Prevention and Retail Sale Prohibition Act."

Status: Chaptered, April 29, 2026

Fiscal Summary NOT SIGNIFICANT Bill Summary 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 intermediaries, 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 the 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 rewrites the bill to provide, instead, that it is unlawful for a retail seller to