Nashville cannot enforce its own tobacco or vape retailer rules. Tenn. Code Ann. Section 39-17-1551 preempts the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products, voiding any local ordinance enacted by a municipality or county.
There is no Metro Nashville-Davidson County tobacco or vape retailer license, and the local government has no legal authority to enact one. Under Tenn. Code Ann. Section 39-17-1551, the Tennessee General Assembly has expressly preempted and occupied the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation enacted after March 15, 1994 (tobacco) or July 1, 2021 (vapor and smokeless nicotine) by any political subdivision is declared void. Narrow exceptions allow Nashville and Davidson County to: regulate the use of tobacco or vapor products in buildings the political subdivision owns or leases, prohibit use on the grounds of public parks, playgrounds, greenways, or other youth-accessible public property, and regulate use in age-restricted venues that are not retail tobacco stores, vapor product stores, or cigar bars. Retail tobacco sales in Nashville require a Tennessee Department of Revenue tobacco license and any applicable Tennessee Alcoholic Beverage Commission (TABC) registration for vapor products, plus compliance with the state minimum sales age of 21 enforced by the Tennessee Department of Mental Health and Substance Abuse Services.
Because Tenn. Code Ann. Section 39-17-1551 preempts local regulation, no Metro Nashville citation can be issued for selling tobacco or vapor products without a local license, since no such license exists or can lawfully exist. Underage sales enforcement (under 21), retailer registration, and product compliance are handled by the Tennessee Department of Revenue, Tennessee Department of Mental Health and Substance Abuse Services, and the U.S. Food and Drug Administration for federal flavor and authorization rules.
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