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General Assembly Raised Bill No. 76
February Session, 2020
LCO No. 1146
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT PROHIBITING THE SALE OF FLAVORED CIGARETTES,
TOBACCO PRODUCTS, EL ECTRONIC NICOTINE DELIVERY
SYSTEMS AND VAPOR PR ODUCTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 12-285 of the 2020 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective from passage): 3
(a) As used in this chapter and section 2 of this act, unless the context 4
otherwise requires: 5
(1) "Person" means any individual, firm, fiduciary, partnership, 6
corporation, limited liability company, trust or association, however 7
formed; 8
(2) "Distributor" means (A) any person in this state engaged in the 9
business of manufacturing cigarettes; (B) any person, other than a 10
buying pool, who purchases cigarettes at wholesale from manufacturers 11
or other distributors for sale to licensed dealers, and who maintains an 12
established place of business, including a location used exclusively for 13 Raised Bill No. 76
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such business, which has facilities in which a substantial stock of 14
cigarettes and related merchandise for resale can be kept at all times, 15
and who sells at least seventy-five per cent of such cigarettes to retailers 16
who, at no time, shall own any interest in the business of the distributor 17
as a partner, stockholder or trustee; (C) any person operating five or 18
more retail stores in this state for the sale of cigarettes, or franchising 19
five or more retail stores in this state for the sale of cigarettes who shares 20
in the gross profits generated by such stores and who purchases 21
cigarettes at wholesale for sale to dealers but sells such cigarettes 22
exclusively to retail stores such person is operating or franchising; (D) 23
any person operating and servicing twenty-five or more cigarette 24
vending machines in this state who buys such cigarettes at wholesale 25
and sells them exclusively in such vending machines. If a person 26
qualified as a distributor in accordance with this subparagraph, in 27
addition sells cigarettes other than in vending machines, such person 28
shall be required to be qualified as a distributor in accordance with 29
subparagraph (B) of this subdivision and have an additional 30
distributor's license for purposes of such other sales; (E) any person who 31
imports into this state unstamped cigarettes, at least seventy-five per 32
cent of which are to be sold to others for resale; and (F) any person 33
operating storage facilities for unstamped cigarettes in this state; 34
(3) "Cigarette vending machine" means a machine used for the 35
purpose of automatically merchandising packaged cigarettes through 36
the insertion of the proper amount of coins therein by the purchaser, but 37
does not mean a restricted cigarette vending machine; 38
(4) "Restricted cigarette vending machine" means a machine used for 39
the dispensing of packaged cigarettes which automatically deactivates 40
after each individual sale, cannot be left operable after a sale and 41
requires, prior to each individual sale, a face-to-face interaction or 42
display of identification between an employee of the area, facility or 43
business where such machine is located and the purchaser; 44
(5) "Dealer" means any person other than a distributor who is 45
engaged in this state in the business of selling cigarettes, including any 46 Raised Bill No. 76
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person operating and servicing fewer than twenty-five cigarette 47
vending machines, and any person who is engaged in the business of 48
selling taxed tobacco products, as defined in section 12-330a, at retail; 49
(6) "Licensed dealer" means a dealer licensed under the provisions of 50
this chapter; 51
(7) "Stamp" means any stamp authorized to be used under this 52
chapter by the Commissioner of Revenue Services and includes heat-53
applied decals; 54
(8) "Sale" or "sell" means an act done intentionally by any person, 55
whether done as principal, proprietor, agent, servant or employee, of 56
transferring, offering or attempting to transfer, for consideration, 57
including bartering or exchanging, or offering to barter and exchange; 58
(9) "Buying pool" means and includes any combination, corporation, 59
association, affiliation or group of retail dealers operating jointly in the 60
purchase, sale, exchange or barter of cigarettes, the profits from which 61
accrue directly or indirectly to such retail dealers, provided any person 62
holding a distributor's license issued prior to June 29, 1951, shall be 63
deemed to be a distributor within the terms of this section; 64
(10) "Tobacco products" has the same meaning as provided in section 65
12-330a; and 66
(11) "Taxed tobacco products" has the same meaning as provided in 67
section 12-330a. 68
Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 69
(1) "flavored" means imparting a characterizing flavor, and (2) 70
"characterizing flavor" means a distinguishable taste or aroma, 71
including, but not limited to, tastes or aromas relating to any fruit, 72
chocolate, menthol, mint, wintergreen, vanilla, honey, candy, cocoa, 73
dessert, alcoholic beverage, herb or spice, but does not include the taste 74
or aroma of tobacco. 75
(b) On and after October 1, 2020, no distributor or dealer shall sell, 76 Raised Bill No. 76
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offer for sale, display for sale or possess with intent to sell any flavored 77
cigarette or flavored tobacco product. No cigarette or tobacco product 78
shall be determined to be flavored solely because of the use of additives 79
or flavoring or the inclusion of ingredient information. A public 80
statement, claim or indicia made or disseminated by the manufacturer 81
of the cigarette or tobacco product, or any person authorized by the 82
manufacturer to make or disseminate public statements concerning 83
such cigarette or tobacco product, that such cigarette or tobacco product 84
has or produces a characterizing flavor shall constitute prima facie 85
evidence that such cigarette or tobacco product is a flavored cigarette or 86
tobacco product. 87
(c) If the Commissioner of Revenue Services finds, after a hearing, 88
that a distributor or dealer knowingly violated any provision of 89
subsection (b) of this section, the commissioner shall find that such 90
distributor or dealer committed an infraction and shall assess such 91
distributor or dealer a civil penalty of three hundred dollars for the first 92
infraction or seven hundred fifty dollars for a second infraction on or 93
before thirty-six months after the date of the first infraction. For a third 94
infraction on or before thirty-six months after the date of the first 95
infraction, the commissioner shall assess such distributor or dealer a 96
civil penalty of one thousand dollars and suspend for not less than thirty 97
days or revoke any license held by such distributor or dealer. For a 98
fourth infraction on or before thirty-six months after the date of the first 99
infraction, the commissioner shall revoke any license held by such 100
distributor or dealer. 101
Sec. 3. Subsection (a) of section 21a-415 of the 2020 supplement to the 102
general statutes is repealed and the following is substituted in lieu 103
thereof (Effective from passage): 104
(a) As used in this chapter, [and] section 53-344 and section 4 of this 105
act: 106
(1) "Authorized owner" means the owner or authorized designee of a 107
business entity that is applying for a registration or is registered with 108 Raised Bill No. 76
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the Department of Consumer Protection pursuant to this chapter; 109
(2) "Business entity" means any corporation, limited liability 110
company, association, partnership, sole proprietorship, government, 111
governmental subdivision or agency, business trust, estate, trust or any 112
other legal entity; 113
(3) "Dealer registration" means an electronic nicotine delivery system 114
certificate of dealer registration issued by the Commissioner of 115
Consumer Protection pursuant to this section; 116
(4) "Manufacturer registration" means an electronic nicotine delivery 117
system certificate of manufacturer registration issued by the 118
Commissioner of Consumer Protection pursuant to section 21a-415a to 119
any person who mixes, compounds, repackages or resizes any nicotine-120
containing electronic nicotine delivery system or vapor product; 121
(5) "Electronic cigarette liquid" means a liquid that, when used in an 122
electronic nicotine delivery system or vapor product, produces a vapor 123
that may or may not include nicotine and is inhaled by the user of such 124
electronic nicotine delivery system or vapor product; 125
(6) "Electronic nicotine delivery system" means an electronic device 126
used in the delivery of nicotine or other substances to a person inhaling 127
from the device, and includes, but is not limited to, an electronic 128
cigarette, electronic cigar, electronic cigarillo, electronic pipe or 129
electronic hookah and any related device and any cartridge or other 130
component of such device, including, but not limited to, electronic 131
cigarette liquid; 132
(7) "Vapor product" means any product that employs a heating 133
element, power source, electronic circuit or other electronic, chemical or 134
mechanical means, regardless of shape or size, to produce a vapor that 135
may include nicotine and is inhaled by the user of such product. "Vapor 136
product" does not include a medicinal or therapeutic product that is (A) 137
used by a licensed health care provider to treat a patient in a health care 138
setting, (B) used by a patient, as prescribed or directed by a licensed 139 Raised Bill No. 76
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health care provider in any setting, or (C) any drug or device, as defined 140
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 141
from time to time, any combination product, as described in said act, 21 142
USC 353(g), as amended from time to time, or any biological product, as 143
described in 42 USC 262, as amended from time to time, and 21 CFR 144
600.3, as amended from time to time, authorized for sale by the United 145
States Food and Drug Administration; 146
(8) "Sale" or "sell" means an act done intentionally by any person, 147
whether done as principal, proprietor, agent, servant or employee, of 148
transferring, or offering or attempting to transfer, for consideration, 149
including bartering or exchanging, or offering to barter or exchange; and 150
(9) "Deliver" or "delivering" means an act done intentionally by any 151
person, whether as principal, proprietor, agent, servant or employee, of 152
transferring, or offering or attempting to transfer, physical possession 153
or control of an electronic nicotine delivery system or vapor product. 154
Sec. 4. (NEW) (Effective from passage) (a) For purposes of this section, 155
(1) "flavored" means imparting a characterizing flavor, and (2) 156
"characterizing flavor" means a distinguishable taste or aroma imparted 157
either prior to or during the use or consumption of an electronic nicotine 158
delivery system or vapor product, including, but not limited to, tastes 159
or aromas relating to any fruit, chocolate, menthol, mint, wintergreen, 160
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice, 161
but does not include the taste or aroma of tobacco. 162
(b) No person with an electronic nicotine delivery system certificate 163
of dealer registration under section 21a-415 of the general statutes, as 164
amended by this act, shall sell, offer for sale, display for sale or possess 165
with intent to sell any flavored electronic nicotine delivery system or 166
flavored vapor product. No electronic nicotine delivery system or vapor 167
product shall be determined to be flavored solely because of the use of 168
additives or flavoring or the inclusion of ingredient information. A 169
public statement, claim or indicia made or disseminated by the 170
manufacturer of the electronic nicotine delivery system, vapor product 171 Raised Bill No. 76
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or a component part of such system or product that such system, 172
product or component part thereof has or produces a characterizing 173
flavor shall constitute prima facie that such system, product or 174
component part thereof is a flavored electronic nicotine delivery system 175
or flavored vapor product. 176
(c) If the Commissioner of Consumer Protection finds, after a hearing, 177
that any such certificate holder knowingly violated any provision of 178
subsection (b) of this section, the commissioner shall find that such 179
certificate holder committed an infraction and assess such certificate 180
holder a civil penalty of three hundred dollars for the first infraction or 181
a civil penalty of seven hundred fifty dollars for any second infraction 182
on or before thirty-six months after the date of the first infraction. For a 183
third violation on or before thirty-six months after the date of the first 184
violation, the commissioner shall assess such certificate holder a civil 185
penalty of one thousand dollars and any license or certificate held by 186
such certificate holder under chapter 214 or 420g of the general statutes 187
shall be revoked. 188
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 12-285(a)
Sec. 2 from passage New section
Sec. 3 from passage 21a-415(a)
Sec. 4 from passage New section
Statement of Purpose:
To prohibit the sale of flavored cigarettes, tobacco products, electronic
nicotine delivery systems and vapor products.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]