§ 9501. Definitions
As used in this chapter:
(1) [Repealed.]
(2) “Secretary” means the Secretary of Human Services.
(3) “Agency” means the Agency of Human Services, unless the context requires otherwise.
(4) “Commissioner” means the Commissioner of Health.
(5) “Department” means the Department of Health, unless the context requires otherwise.
(6) “Eligible activity” means any activity that will carry out either or both of the dual
purposes of freeing Vermonters from addiction to tobacco and ensuring that the youth
of Vermont in this generation and in generations to come are free from tobacco addiction.
Eligible activities include the following:
(A) establishing anti-addiction programs that are accessible to all Vermonters;
(B) creating and fostering anti-tobacco educational programs for use in Vermont schools;
(C) creating and fostering anti-tobacco advertising;
(D) establishing community outreach programs;
(E) supporting tobacco control enforcement activities; and
(F) evaluating the effectiveness of tobacco cessation, prevention, and control programs.
(7) “Litigation Settlement Fund” means the Vermont Tobacco Litigation Settlement Fund
established by 32 V.S.A. § 435a.
(8) “Program” means the Vermont tobacco prevention and treatment program established under
this chapter.
(9) “Tobacco litigation settlement” means the Master Settlement Agreement between members
of the tobacco industry and the State of Vermont, approved by the Vermont Superior
Court on December 14, 1998 and finalized in Vermont on January 13, 1999.
(10) “Trust Fund” means the Tobacco Trust Fund established by this chapter. (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2019, No. 82, § 4; 2023, No. 6, § 242, eff. July 1, 2023.)
§ 9502. Tobacco Trust Fund
(a)(1) The Tobacco Trust Fund is established in the Office of the State Treasurer for the
purposes of creating a self-sustaining, perpetual fund for tobacco cessation and prevention
that is not dependent upon tobacco sales volume.
(2) The Trust Fund shall be composed of:
(A) transfers made by the General Assembly; and
(B) contributions from any other source.
(3) The State Treasurer shall not disburse monies from the Trust Fund, except upon appropriation
by the General Assembly. In any fiscal year, total appropriations from the Trust Fund
shall not exceed seven percent of the fair market value of the Fund at the end of
the prior fiscal year.
(4) The Trust Fund shall be administered by the State Treasurer. The State Treasurer may
invest monies in the Fund in accordance with the provisions of 32 V.S.A. § 434. All balances in the Fund at the end of the fiscal year shall be carried forward.
Interest earned shall remain in the Fund. The State Treasurer’s annual financial report
to the Governor and the General Assembly shall contain an accounting of receipts,
disbursements, and earnings of the Fund.
(b) [Repealed.] (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2025, No. 27, § F.165, eff. May 21, 2025.)
§ 9503. Vermont tobacco prevention and treatment
(a) Except as otherwise specifically provided, the tobacco prevention and treatment program
shall be administered and coordinated statewide by the Department of Health, pursuant
to the provisions of this chapter. The program shall be comprehensive and research-based.
(b) The Department shall establish goals for reducing adult and youth smoking rates, including
performance measures for each goal in conjunction with the Substance Misuse Prevention
Oversight and Advisory Council established pursuant to section 4803 of this title. The services provided by a quitline approved by the Department of Health shall be
offered and made available to any minor, upon his or her consent, who is a smoker
or user of tobacco products as defined in 7 V.S.A. § 1001.
(c) The Department of Liquor and Lottery shall administer the component of the program
that relates to enforcement activities.
(d) The Agency of Education shall administer school-based programs.
(e) The Department shall pay all fees and costs of the surveillance and evaluation activities,
including the costs associated with hiring a contractor to conduct an independent
evaluation of the program.
(f) [Repealed.] (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2007, No. 26, § 1; 2013, No. 92 (Adj. Sess.), § 258, eff. Feb. 14, 2014; 2019, No. 73, § 26; 2019, No. 82, § 4.)
§ 9504. Repealed. 2019, No. 82, § 4.
§ 9505. General powers and duties
The Department shall have all the powers necessary and convenient to carry out and
effectuate the purposes and provisions of this section, and shall do all of the following:
(1) establish the selection criteria for community grants and review and recommend the
grants to be funded;
(2) select a contractor responsible for countermarketing activities;
(3) perform ongoing evaluations of tobacco cessation efforts and publish the evaluation
measures on the Department’s website;
(4) execute a memorandum of understanding developed with the Agency of Education for school-based
programs funded through the Tobacco Program Fund;
(5) consult with the Department of Liquor and Lottery concerning enforcement activities
administered in accordance with the provisions of this chapter; and
(6) propose strategies for program coordination and collaboration with other State agencies,
health care providers and organizations, community and school groups, nonprofit organizations
dedicated to anti-tobacco activities, and other nonprofit organizations. (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2013, No. 92 (Adj. Sess.), § 260, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 122; 2019, No. 73, § 27; 2019, No. 82, § 4; 2023, No. 6, § 243, eff. July 1, 2023.)
§ 9506. Allocation system
In determining the allocation of funds available for the purposes of this chapter,
the Department shall consider all relevant factors, including:
(1) the level of funding or other participation by private or public sources in the activity
being considered for funding;
(2) what resources will be required in the future to sustain the program;
(3) geographic distribution of funds; and
(4) the extent to which the goals of the project can be measured by reductions in adult
or youth smoking rates. (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2013, No. 131 (Adj. Sess.), § 123; 2015, No. 11, § 23; 2019, No. 82, § 4.)
§ 9507. Repealed. 2019, No. 82, § 4.