Connecticut 2021 Regular Session

Connecticut Senate Bill SB00115 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00115-R02-
4		-	SB.docx
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7		-	General Assembly Substitute Bill No. 115
8		-	January Session, 2021
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	8	+	General Assembly Committee Bill No. 115
	9	+	January Session, 2021
	10	+	LCO No. 4678
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	12	+
	13	+	Referred to Committee on PUBLIC HEALTH
	14	+
	15	+
	16	+	Introduced by:
	17	+	(PH)
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14	21		AN ACT PROHIBITING THE SALE OF CIGARETTE S, TOBACCO
15	22		PRODUCTS, ELECTRONIC NICOTINE DELIVERY SYSTEMS AND
16	23		VAPOR PRODUCTS BY HE ALTH CARE FACILITIES, PHARMACIES
17	24		AND PLACES OF BUSINE SS WITH A PHARMACY L OCATED
18	25		THEREIN.
19	26		Be it enacted by the Senate and House of Representatives in General
20	27		Assembly convened:
21	28
22	29		Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section: 1
23	30		(1) "Health care facility" means any institution licensed under chapter 2
24	31		368v of the general statutes; 3
25	32		(2) "Pharmacy" has the same meaning as provided in section 20-571 4
26	33		of the general statutes; 5
27	34		(3) "Sell" means an act done intentionally by any person, whether 6
28	35		done as principal, proprietor, agent, servant or employee, of 7
29	36		transferring, offering or attempting to transfer, for consideration, 8
30	37		including bartering or exchanging, or offering to barter and exchange; 9
31	38		(4) "Cigarette" means and includes any roll for smoking made wholly 10
32	39		or in part of tobacco, irrespective of size or shape, and irrespective of 11
33	40		whether the tobacco is flavored, adulterated or mixed with any other 12
34		-	ingredient, where such roll has a wrapper or cover made of paper or any 13
35		-	other material, except where such wrapper is wholly or in the greater 14 Substitute Bill No. 115
	41	+	Committee Bill No. 115
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	46	+	ingredient, where such roll has a wrapper or cover made of paper or any 13
	47	+	other material, except where such wrapper is wholly or in the greater 14
42	48		part made of tobacco and such roll weighs over three pounds per 15
43	49		thousand, provided, if any roll for smoking has a wrapper made of 16
44	50		homogenized tobacco or natural leaf tobacco, and the roll is a cigarette 17
45	51		size so that it weighs three pounds or less per thousand, such roll is a 18
46		-	cigarette and subject to the tax imposed by ~~parts I~~ and II of ~~chapter 214~~ 19
47		-	~~of the general statutes~~; and 20
	52	+	cigarette and subject to the tax imposed by this part and part II of this 19
	53	+	chapter; and 20
48	54		(5) "Tobacco product" means any product, regardless of form, that is 21
49	55		made from or otherwise contains tobacco, but shall not include any 22
50	56		cigarette, as defined in section 12-285 of the general statutes, any 23
51	57		electronic nicotine delivery system, as defined in section 21a-415 of the 24
52	58		general statutes, or any vapor product, as defined in section 21a-415 of 25
53	59		the general statutes. 26
54	60		(b) On and after January 1, 2022, no health care facility, pharmacy or 27
55	61		place of business with a pharmacy located therein may sell cigarettes or 28
56	62		tobacco products in this state. Any license to sell cigarettes or tobacco 29
57	63		products issued under chapter 214 of the general statutes to a health care 30
58	64		facility, pharmacy or place of business with a pharmacy located therein 31
59		-	prior to January 1, ~~2022~~, shall be void on and after said date. 32
	65	+	prior to January 1, 2021, shall be void and invalid on and after said date. 32
60	66		Sec. 2. (NEW) (Effective July 1, 2021) (a) As used in this section: 33
61	67		(1) "Health care facility" means any institution licensed under chapter 34
62	68		368v of the general statutes; 35
63	69		(2) "Pharmacy" has the same meaning as provided in section 20-571 36
64	70		of the general statutes; 37
65	71		(3) "Sell" means an act done intentionally by any person, whether 38
66	72		done as principal, proprietor, agent, servant or employee, of 39
67	73		transferring, offering or attempting to transfer, for consideration, 40
68	74		including bartering or exchanging, or offering to barter and exchange; 41
69	75		(4) "Electronic nicotine delivery system" means an electronic device 42
70		-	used in the delivery of nicotine or other substances to a person inhaling 43
71		-	from the device, and includes, but is not limited to, an electronic 44 Substitute Bill No. 115
	76	+	Committee Bill No. 115
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	81	+	used in the delivery of nicotine or other substances to a person inhaling 43
	82	+	from the device, and includes, but is not limited to, an electronic 44
78	83		cigarette, electronic cigar, electronic cigarillo, electronic pipe or 45
79	84		electronic hookah and any related device and any cartridge or other 46
80	85		component of such device, including, but not limited to, electronic 47
81	86		cigarette liquid; and 48
82	87		(5) "Vapor product" means any product that employs a heating 49
83	88		element, power source, electronic circuit or other electronic, chemical or 50
84	89		mechanical means, regardless of shape or size, to produce a vapor that 51
85	90		may include nicotine and is inhaled by the user of such product. "Vapor 52
86	91		product" does not include a medicinal or therapeutic product that is (A) 53
87	92		used by a licensed health care provider to treat a patient in a health care 54
88	93		setting, (B) used by a patient, as prescribed or directed by a licensed 55
89	94		health care provider in any setting, or (C) any drug or device, as defined 56
90	95		in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 57
91	96		from time to time, any combination product, as described in said act, 21 58
92	97		USC 353(g), as amended from time to time, or any biological product, as 59
93	98		described in 42 USC 262, as amended from time to time, and 21 CFR 60
94	99		600.3, as amended from time to time, authorized for sale by the United 61
95	100		States Food and Drug Administration. 62
96	101		(b) On and after January 1, 2022, no health care facility, pharmacy or 63
97	102		place of business with a pharmacy located therein may sell electronic 64
98		-	nicotine delivery systems or vapor products in this state. Any ~~dealer~~ 65
99		-	~~registration to~~ sell electronic nicotine delivery systems or vapor 66
100		-	~~products issued under~~ chapter 420g of the general statutes to a health 67
101		-	~~care facility, pharmacy~~ or place of business with a pharmacy located 68
102		-	~~therein prior to January 1,~~ 2022, shall be void on and after said date. 69
	103	+	nicotine delivery systems or vapor products in this state. Any license to 65
	104	+	sell electronic nicotine delivery systems or vapor products issued under 66
	105	+	chapter 420g of the general statutes to a health care facility, pharmacy 67
	106	+	or place of business with a pharmacy located therein prior to January 1, 68
	107	+	2022, shall be void on and after said date. 69
103	108		This act shall take effect as follows and shall amend the following
104	109		sections:
105	110
106	111		Section 1 July 1, 2021 New section
107	112		Sec. 2 July 1, 2021 New section
108	113
109		-	Statement of Legislative Commissioners:
110		-	In Section 1(a)(4), "this part and part II of this chapter" was changed to
111		-	"parts I and II of chapter 214 of the general statutes" for clarity; in Section Substitute Bill No. 115
	114	+	Committee Bill No. 115
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118		-	1(b) "void and invalid" was changed to "void" for internal consistency;
119		-	and in Section 2(b) "license" was changed to "dealer registration" for
120		-	accuracy.
	119	+	Statement of Purpose:
	120	+	To prohibit the sale of cigarettes, tobacco products, electronic nicotine
	121	+	delivery systems and vapor products by health care facilities,
	122	+	pharmacies and places of business with a pharmacy located therein.
	123	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	124	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	125	+	underlined.]
121	126
122		-	~~PH Joint Favorable Subst~~.
	127	+	Co-Sponsors: SEN. ANWAR, 3rd Dist.
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	129	+	S.B. 115