CT
Connecticut Senate Bill SB00985

Connecticut 2021 Regular Session

Connecticut Senate Bill SB00985 Compare Versions

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7-General Assembly Substitute Bill No. 985
5+General Assembly Raised Bill No. 985
86 January Session, 2021
7+LCO No. 3825
8+
9+
10+Referred to Committee on COMMITTEE ON CHILDREN
11+
12+
13+Introduced by:
14+(KID)
915
1016
1117
1218
13-
14-AN ACT CONCERNING TH E SALE OF FLAVORED E LECTRONIC
15-NICOTINE DELIVERY SYSTEMS AND VAPOR PROD UCTS AND
16-CHILDREN'S HEALTH.
19+AN ACT CONCERNING CH ILDREN'S HEALTH.
1720 Be it enacted by the Senate and House of Representatives in General
1821 Assembly convened:
1922
20-Section 1. Subsection (a) of section 21a-415 of the general statutes is 1
21-repealed and the following is substituted in lieu thereof (Effective from 2
22-passage): 3
23-(a) As used in this chapter, [and] section 53-344 and section 2 of this 4
24-act: 5
25-(1) "Authorized owner" means the owner or authorized designee of a 6
26-business entity that is applying for a registration or is registered with 7
27-the Department of Consumer Protection pursuant to this chapter; 8
28-(2) "Business entity" means any corporation, limited liability 9
29-company, association, partnership, sole proprietorship, government, 10
30-governmental subdivision or agency, business trust, estate, trust or any 11
31-other legal entity; 12
32-(3) "Dealer registration" means an electronic nicotine delivery system 13
33-certificate of dealer registration issued by the Commissioner of 14
34-Consumer Protection pursuant to this section; 15 Substitute Bill No. 985
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41-(4) "Manufacturer registration" means an electronic nicotine delivery 16
42-system certificate of manufacturer registration issued by the 17
43-Commissioner of Consumer Protection pursuant to section 21a-415a to 18
44-any person who mixes, compounds, repackages or resizes any nicotine-19
45-containing electronic nicotine delivery system or vapor product; 20
46-(5) "Electronic cigarette liquid" means a liquid that, when used in an 21
47-electronic nicotine delivery system or vapor product, produces a vapor 22
48-that may or may not include nicotine and is inhaled by the user of such 23
49-electronic nicotine delivery system or vapor product; 24
50-(6) "Electronic nicotine delivery system" means an electronic device 25
51-used in the delivery of nicotine or other substances to a person inhaling 26
52-from the device, and includes, but is not limited to, an electronic 27
53-cigarette, electronic cigar, electronic cigarillo, electronic pipe or 28
54-electronic hookah and any related device and any cartridge or other 29
55-component of such device, including, but not limited to, electronic 30
56-cigarette liquid; 31
57-(7) "Vapor product" means any product that employs a heating 32
58-element, power source, electronic circuit or other electronic, chemical or 33
59-mechanical means, regardless of shape or size, to produce a vapor that 34
60-may include nicotine and is inhaled by the user of such product. "Vapor 35
61-product" does not include a medicinal or therapeutic product that is (A) 36
62-used by a licensed health care provider to treat a patient in a health care 37
63-setting, (B) used by a patient, as prescribed or directed by a licensed 38
64-health care provider in any setting, or (C) any drug or device, as defined 39
65-in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 40
66-from time to time, any combination product, as described in said act, 21 41
67-USC 353(g), as amended from time to time, or any biological product, as 42
68-described in 42 USC 262, as amended from time to time, and 21 CFR 43
69-600.3, as amended from time to time, authorized for sale by the United 44
70-States Food and Drug Administration; 45
71-(8) "Sale" or "sell" means an act done intentionally by any person, 46
72-whether done as principal, proprietor, agent, servant or employee, of 47 Substitute Bill No. 985
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79-transferring, or offering or attempting to transfer, for consideration, 48
80-including bartering or exchanging, or offering to barter or exchange; and 49
81-(9) "Deliver" or "delivering" means an act done intentionally by any 50
82-person, whether as principal, proprietor, agent, servant or employee, of 51
83-transferring, or offering or attempting to transfer, physical possession 52
84-or control of an electronic nicotine delivery system or vapor product. 53
85-Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 54
86-(1) "flavored" means imparting a characterizing flavor, and (2) 55
87-"characterizing flavor" means a distinguishable taste or aroma imparted 56
88-either prior to or during the use or consumption of an electronic nicotine 57
89-delivery system or vapor product, including, but not limited to, tastes 58
90-or aromas relating to any fruit, chocolate, menthol, mint, wintergreen, 59
91-vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice, 60
92-but does not include the taste or aroma of tobacco. 61
93-(b) Except as provided in subsection (c) of this section, on and after 62
94-October 1, 2021, no person with an electronic nicotine delivery system 63
95-certificate of dealer registration under section 21a-415 of the general 64
96-statutes, as amended by this act, shall sell, offer for sale, display for sale 65
97-or possess with intent to sell any flavored electronic nicotine delivery 66
98-system or flavored vapor product. No electronic nicotine delivery 67
99-system or vapor product shall be determined to be flavored solely 68
100-because of the use of additives or flavoring or the inclusion of ingredient 69
101-information. A public statement, claim or indicia made or disseminated 70
102-by the manufacturer of the electronic nicotine delivery system, vapor 71
103-product or a component part of such system or product that such 72
104-system, product or component part thereof has or produces a 73
105-characterizing flavor shall constitute prima facie evidence that such 74
106-system, product or component part thereof is a flavored electronic 75
107-nicotine delivery system or flavored vapor product. 76
108-(c) The provisions of subsection (b) of this section shall not apply to a 77
109-person with an electronic nicotine delivery system certificate of dealer 78
110-registration under section 21a-415 of the general statutes, as amended 79 Substitute Bill No. 985
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117-by this act, if individuals under the age of twenty-one are prohibited 80
118-from entering the place of business operated by such person and a notice 81
119-concerning such prohibition is posted clearly on all entrances of the 82
120-place of business. 83
121-(d) If the Commissioner of Revenue Services finds, after a hearing, 84
122-that a person with an electronic nicotine delivery system certificate of 85
123-dealer registration under section 21a-415 of the general statutes, as 86
124-amended by this act, knowingly violated any provision of subsection (b) 87
125-of this section, except as provided in subsection (c) of this section, the 88
126-commissioner shall assess such person a civil penalty of three hundred 89
127-dollars for the first violation or a civil penalty of seven hundred fifty 90
128-dollars for a second violation on or before thirty-six months after the 91
129-date of the first violation. For a third violation on or before thirty-six 92
130-months after the date of the first violation, the commissioner shall assess 93
131-such person a civil penalty of one thousand dollars and any license or 94
132-certificate held by such person under chapter 214 or 420g of the general 95
133-statutes shall be revoked.96
23+Section 1. (Effective July 1, 2021) The Commissioner of Public Health 1
24+shall conduct a study to determine whether policy and procedural 2
25+changes within the Department of Public Health may improve the 3
26+health of children throughout the state. The commissioner shall report, 4
27+in accordance with the provisions of section 11-4a of the general statutes, 5
28+the findings of such study to the joint standing committee of the General 6
29+Assembly having cognizance of matters relating to children on or before 7
30+January 1, 2022. 8
13431 This act shall take effect as follows and shall amend the following
13532 sections:
13633
137-Section 1 from passage 21a-415(a)
138-Sec. 2 from passage New section
34+Section 1 July 1, 2021 New section
35+ Raised Bill No. 985
13936
140-Statement of Legislative Commissioners:
141-In Subsec. (d) "except as provided in subsection (c) of this section," was
142-inserted for clarity.
14337
144-KID Joint Favorable Subst.
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41+Statement of Purpose:
42+To direct the Commissioner of Public Health to conduct a study to
43+determine whether policy and procedural changes within the
44+Department of Public Health may improve the health of children.
45+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
46+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
47+underlined.]
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