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General Assembly Substitute Bill No. 115
January Session, 2021
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
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 Substitute Bill No. 115
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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 parts I and II of chapter 214 19
of the general statutes; 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, 2022, shall be void 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
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 Substitute Bill No. 115
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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 dealer 65
registration to sell electronic nicotine delivery systems or vapor 66
products issued under chapter 420g of the general statutes to a health 67
care facility, pharmacy or place of business with a pharmacy located 68
therein prior to January 1, 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
Statement of Legislative Commissioners:
In Section 1(a)(4), "this part and part II of this chapter" was changed to
"parts I and II of chapter 214 of the general statutes" for clarity; in Section Substitute Bill No. 115
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1(b) "void and invalid" was changed to "void" for internal consistency;
and in Section 2(b) "license" was changed to "dealer registration" for
accuracy.
PH Joint Favorable Subst.