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repealed and the following is substituted in lieu thereof (Effective from 2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