Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB00115 Comm Sub / Bill

Filed 03/09/2021

                     
 
 
 
 
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General Assembly  Committee Bill No. 115  
January Session, 2021  
LCO No. 4678 
 
 
Referred to Committee on PUBLIC HEALTH  
 
 
Introduced by:  
(PH)  
 
 
 
AN ACT PROHIBITING THE SALE OF CIGARETTE S, TOBACCO 
PRODUCTS, ELECTRONIC NICOTINE DELIVERY SYSTEMS AND 
VAPOR PRODUCTS BY HE ALTH CARE FACILITIES, PHARMACIES 
AND PLACES OF BUSINE SS WITH A PHARMACY L OCATED 
THEREIN. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section: 1 
(1) "Health care facility" means any institution licensed under chapter 2 
368v of the general statutes; 3 
(2) "Pharmacy" has the same meaning as provided in section 20-571 4 
of the general statutes; 5 
(3) "Sell" means an act done intentionally by any person, whether 6 
done as principal, proprietor, agent, servant or employee, of 7 
transferring, offering or attempting to transfer, for consideration, 8 
including bartering or exchanging, or offering to barter and exchange; 9 
(4) "Cigarette" means and includes any roll for smoking made wholly 10 
or in part of tobacco, irrespective of size or shape, and irrespective of 11 
whether the tobacco is flavored, adulterated or mixed with any other 12    
Committee Bill No.  115 
 
 
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ingredient, where such roll has a wrapper or cover made of paper or any 13 
other material, except where such wrapper is wholly or in the greater 14 
part made of tobacco and such roll weighs over three pounds per 15 
thousand, provided, if any roll for smoking has a wrapper made of 16 
homogenized tobacco or natural leaf tobacco, and the roll is a cigarette 17 
size so that it weighs three pounds or less per thousand, such roll is a 18 
cigarette and subject to the tax imposed by this part and part II of this 19 
chapter; and 20 
(5) "Tobacco product" means any product, regardless of form, that is 21 
made from or otherwise contains tobacco, but shall not include any 22 
cigarette, as defined in section 12-285 of the general statutes, any 23 
electronic nicotine delivery system, as defined in section 21a-415 of the 24 
general statutes, or any vapor product, as defined in section 21a-415 of 25 
the general statutes. 26 
(b) On and after January 1, 2022, no health care facility, pharmacy or 27 
place of business with a pharmacy located therein may sell cigarettes or 28 
tobacco products in this state. Any license to sell cigarettes or tobacco 29 
products issued under chapter 214 of the general statutes to a health care 30 
facility, pharmacy or place of business with a pharmacy located therein 31 
prior to January 1, 2021, shall be void and invalid on and after said date. 32 
Sec. 2. (NEW) (Effective July 1, 2021) (a) As used in this section: 33 
(1) "Health care facility" means any institution licensed under chapter 34 
368v of the general statutes; 35 
(2) "Pharmacy" has the same meaning as provided in section 20-571 36 
of the general statutes; 37 
(3) "Sell" means an act done intentionally by any person, whether 38 
done as principal, proprietor, agent, servant or employee, of 39 
transferring, offering or attempting to transfer, for consideration, 40 
including bartering or exchanging, or offering to barter and exchange; 41 
(4) "Electronic nicotine delivery system" means an electronic device 42    
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used in the delivery of nicotine or other substances to a person inhaling 43 
from the device, and includes, but is not limited to, an electronic 44 
cigarette, electronic cigar, electronic cigarillo, electronic pipe or 45 
electronic hookah and any related device and any cartridge or other 46 
component of such device, including, but not limited to, electronic 47 
cigarette liquid; and 48 
(5) "Vapor product" means any product that employs a heating 49 
element, power source, electronic circuit or other electronic, chemical or 50 
mechanical means, regardless of shape or size, to produce a vapor that 51 
may include nicotine and is inhaled by the user of such product. "Vapor 52 
product" does not include a medicinal or therapeutic product that is (A) 53 
used by a licensed health care provider to treat a patient in a health care 54 
setting, (B) used by a patient, as prescribed or directed by a licensed 55 
health care provider in any setting, or (C) any drug or device, as defined 56 
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 57 
from time to time, any combination product, as described in said act, 21 58 
USC 353(g), as amended from time to time, or any biological product, as 59 
described in 42 USC 262, as amended from time to time, and 21 CFR 60 
600.3, as amended from time to time, authorized for sale by the United 61 
States Food and Drug Administration. 62 
(b) On and after January 1, 2022, no health care facility, pharmacy or 63 
place of business with a pharmacy located therein may sell electronic 64 
nicotine delivery systems or vapor products in this state. Any license to 65 
sell electronic nicotine delivery systems or vapor products issued under 66 
chapter 420g of the general statutes to a health care facility, pharmacy 67 
or place of business with a pharmacy located therein prior to January 1, 68 
2022, shall be void on and after said date. 69 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 New section 
Sec. 2 July 1, 2021 New section 
    
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Statement of Purpose:   
To prohibit the sale of cigarettes, tobacco products, electronic nicotine 
delivery systems and vapor products by health care facilities, 
pharmacies and places of business with a pharmacy located therein. 
[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.] 
 
Co-Sponsors:  SEN. ANWAR, 3rd Dist.  
 
S.B. 115