Connecticut 2022 Regular Session

Connecticut Senate Bill SB00139 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4	LCO No. 1184 1 of 15
5	5
6	6	General Assembly Raised Bill No. 139
7	7	February Session, 2022
8	8	LCO No. 1184
9	9
10	10
11	11	Referred to Committee on PUBLIC HEALTH
12	12
13	13
14	14	Introduced by:
15	15	(PH)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING THE USE OF ELECTRONIC NICOTINE
21	21	DELIVERY SYSTEMS AND VAPOR PRODUCTS BY CHILDREN.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (a) of section 21a-415 of the general statutes is 1
26	26	repealed and the following is substituted in lieu thereof (Effective January 2
27	27	1, 2023): 3
28	28	(a) As used in this chapter and section [53-344] 2 of this act: 4
29	29	(1) "Authorized owner" means the owner or authorized designee of a 5
30	30	business entity that is applying for a registration or is registered with 6
31	31	the Department of Consumer Protection pursuant to this chapter; 7
32	32	(2) "Business entity" means any corporation, limited liability 8
33	33	company, association, partnership, sole proprietorship, government, 9
34	34	governmental subdivision or agency, business trust, estate, trust or any 10
35	35	other legal entity; 11
36	36	(3) "Dealer registration" means an electronic nicotine delivery system 12
37	37	certificate of dealer registration issued by the Commissioner of 13 Raised Bill No. 139
38	38
39	39
40	40
41	41	LCO No. 1184 2 of 15
42	42
43	43	Consumer Protection pursuant to this section; 14
44	44	(4) "Manufacturer registration" means an electronic nicotine delivery 15
45	45	system certificate of manufacturer registration issued by the 16
46	46	Commissioner of Consumer Protection pursuant to section 21a-415a to 17
47	47	any person who mixes, compounds, repackages or resizes any nicotine-18
48	48	containing electronic nicotine delivery system or vapor product; 19
49	49	(5) "Electronic cigarette liquid" means a liquid, including, but not 20
50	50	limited to, a concentrated plant extract or oil containing natural or 21
51	51	synthetic ingredients, that, when used in an electronic nicotine delivery 22
52	52	system or vapor product, produces a vapor that may or may not include 23
53	53	nicotine and [is] may be inhaled by the user of such electronic nicotine 24
54	54	delivery system or vapor product; 25
55	55	(6) "Electronic nicotine delivery system" means an electronic device 26
56	56	used in the delivery of nicotine or other substances to a person inhaling 27
57	57	from the device, and includes, but is not limited to, an electronic 28
58	58	cigarette, electronic cigar, electronic cigarillo, electronic pipe or 29
59	59	electronic hookah and any related device and any cartridge or other 30
60	60	component of such device, including, but not limited to, electronic 31
61	61	cigarette liquid; 32
62	62	(7) "Vapor product" means any product that employs a heating 33
63	63	element, power source, electronic circuit or other electronic, chemical or 34
64	64	mechanical means, regardless of shape or size, to produce a vapor that 35
65	65	may include nicotine and is inhaled by the user of such product. "Vapor 36
66	66	product" does not include a medicinal or therapeutic product that is (A) 37
67	67	used by a licensed health care provider to treat a patient in a health care 38
68	68	setting, (B) used by a patient, as prescribed or directed by a licensed 39
69	69	health care provider in any setting, or (C) any drug or device, as defined 40
70	70	in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 41
71	71	from time to time, any combination product, as described in said act, 21 42
72	72	USC 353(g), as amended from time to time, or any biological product, as 43
73	73	described in 42 USC 262, as amended from time to time, and 21 CFR 44
74	74	600.3, as amended from time to time, authorized for sale by the United 45 Raised Bill No. 139
75	75
76	76
77	77
78	78	LCO No. 1184 3 of 15
79	79
80	80	States Food and Drug Administration; 46
81	81	(8) "Sale" or "sell" means an act done intentionally by any person, 47
82	82	whether done as principal, proprietor, agent, servant or employee, of 48
83	83	transferring, or offering or attempting to transfer, for consideration, 49
84	84	including bartering or exchanging, or offering to barter or exchange; 50
85	85	[and] 51
86	86	(9) "Deliver" or "delivering" means an act done intentionally by any 52
87	87	person, whether as principal, proprietor, agent, servant or employee, of 53
88	88	transferring, or offering or attempting to transfer, physical possession 54
89	89	or control of an electronic nicotine delivery system or vapor product; 55
90	90	and 56
91	91	(10) "Flavoring agent" means an additive used in food or drugs when 57
92	92	such additive (A) is used in accordance with good manufacturing 58
93	93	practice principles and in the minimum quantity required to produce its 59
94	94	intended effect; (B)(i) consists of one or more ingredients generally 60
95	95	recognized as safe in food or drugs, (ii) has been previously sanctioned 61
96	96	for use in food or drugs by the state or the federal government, (iii) 62
97	97	meets United States Pharmacopeia standards, or (iv) is an additive 63
98	98	permitted for direct addition to food for human consumption pursuant 64
99	99	to 21 CFR 172, as amended from time to time; (C) is inert and produces 65
100	100	no effect other than the instillation or modification of flavor; and (D) is 66
101	101	not greater than five per cent of the total weight of the product. 67
102	102	Sec. 2. (NEW) (Effective January 1, 2022) (a) No person shall sell, give, 68
103	103	deliver or possess with intent to sell in this state an electronic nicotine 69
104	104	delivery system or a vapor product with a flavoring agent, other than 70
105	105	tobacco flavor, that has been added for the purpose of flavoring the 71
106	106	contents of the electronic nicotine delivery system or vapor product. 72
107	107	This section shall not apply to any product (1) that the United States 73
108	108	Secretary of Health and Human Services determines to be a modified 74
109	109	risk tobacco product pursuant to 21 USC 387k, as amended from time to 75
110	110	time, or (2) for which the manufacturer has applied for or received a 76
111	111	marketing order from the federal Food and Drug Administration under 77 Raised Bill No. 139
112	112
113	113
114	114
115	115	LCO No. 1184 4 of 15
116	116
117	117	21 USC 387j, as amended from time to time. 78
118	118	(b) (1) No person shall sell, give, deliver or possess with intent to sell, 79
119	119	in this state an electronic nicotine delivery system or a vapor product 80
120	120	with a nicotine content that is greater than thirty-five milligrams per 81
121	121	milliliter. Each person with a manufacturer registration shall provide 82
122	122	documentation to a person with a dealer registration, indicating the 83
123	123	nicotine content, expressed as milligrams per milliliter, for each 84
124	124	electronic nicotine delivery system and vapor product sold by such 85
125	125	person with a manufacturer registration to such person with a dealer 86
126	126	registration. 87
127	127	(2) Each business entity holding a dealer registration shall (A) 88
128	128	maintain documentation, within the place of business identified in the 89
129	129	business entity's application for dealer registration, of the nicotine 90
130	130	content provided pursuant to subdivision (1) of this subsection by the 91
131	131	person with a manufacturer registration, for each electronic nicotine 92
132	132	delivery system and vapor product sold, given or delivered by such 93
133	133	person to the business entity, and (B) provide such documentation at the 94
134	134	request of the Commissioner of Mental Health and Addiction Services, 95
135	135	or the commissioner's designee, during any unannounced compliance 96
136	136	check conducted pursuant to section 21-415b of the general statutes, as 97
137	137	amended by this act. 98
138	138	(c) As used in this section, "person" means any individual, authorized 99
139	139	owner of a business entity, retail establishment, as defined in section 100
140	140	19a-106a of the general statutes, partnership, company, limited liability 101
141	141	company, public or private corporation, association, trustee, executor, 102
142	142	administrator or other fiduciary or custodian. 103
143	143	Sec. 3. Section 21a-415b of the general statutes is repealed and the 104
144	144	following is substituted in lieu thereof (Effective January 1, 2023): 105
145	145	(a) Each business entity with a dealer registration shall place and 106
146	146	maintain in legible condition at each point of sale of electronic nicotine 107
147	147	delivery systems or vapor products a notice to consumers that states (1) 108
148	148	the sale, giving or delivering of electronic nicotine delivery systems and 109 Raised Bill No. 139
149	149
150	150
151	151
152	152	LCO No. 1184 5 of 15
153	153
154	154	vapor products to any person under twenty-one years of age is 110
155	155	prohibited by section 53-344b, as amended by this act, (2) the use of false 111
156	156	identification by a person under twenty-one years of age to purchase an 112
157	157	electronic nicotine delivery system or a vapor product is prohibited, and 113
158	158	(3) the penalties and fines for violating the provisions of this section and 114
159	159	section 53-344b, as amended by this act. 115
160	160	(b) (1) The Commissioner of Mental Health and Addiction Services, 116
161	161	or the commissioner's designee, shall conduct unannounced compliance 117
162	162	checks on business entities [holding] with a dealer registration by 118
163	163	engaging persons between the ages of sixteen and twenty to enter the 119
164	164	place of business of each such business entity to attempt to purchase an 120
165	165	electronic nicotine delivery system or a vapor product. 121
166	166	(2) The Commissioner of Mental Health and Addiction Services, or 122
167	167	the commissioner's designee, shall conduct unannounced compliance 123
168	168	checks on business entities with a dealer registration to determine 124
169	169	whether any such business entity is selling, giving or delivering or has 125
170	170	sold, given or delivered any electronic nicotine delivery system or vapor 126
171	171	product with a flavoring agent, other than tobacco flavor, that has been 127
172	172	added for the purpose of flavoring the contents of the electronic delivery 128
173	173	system or vapor product, in violation of subsection (a) of section 2 of 129
174	174	this act. 130
175	175	(3) The Commissioner of Mental Health and Addiction Services, or 131
176	176	the commissioner's designee, shall conduct unannounced compliance 132
177	177	checks on business entities with a dealer registration to determine 133
178	178	whether each such business entity is in possession of the documentation 134
179	179	required under subsection (b) of section 2 of this act and whether such 135
180	180	documentation indicates that electronic nicotine delivery systems or 136
181	181	vapor products with a nicotine content greater than thirty-five 137
182	182	milligrams per milliliter were sold, given or delivered by such business 138
183	183	entity. The commissioner shall refer all business entities that do not 139
184	184	possess such documentation or that sold, gave, delivered or possessed 140
185	185	with intent to sell an electronic nicotine delivery system or a vapor 141
186	186	product with a nicotine content that is greater than thirty-five 142 Raised Bill No. 139
187	187
188	188
189	189
190	190	LCO No. 1184 6 of 15
191	191
192	192	milligrams per milliliter to the Commissioner of Revenue Services. 143
193	193	(4) The [commissioner] Commissioner of Mental Health and 144
194	194	Addiction Services shall conduct unannounced follow-up compliance 145
195	195	checks of all noncompliant business entities and shall refer all 146
196	196	noncompliant business entities to the Commissioner of Revenue 147
197	197	Services. 148
198	198	(c) Upon receipt of a referral made pursuant to subsection (b) of this 149
199	199	section, the Commissioner of Revenue Services may, following a 150
200	200	hearing, impose a civil penalty and direct the Commissioner of 151
201	201	Consumer Protection to suspend or revoke the dealer registration of the 152
202	202	business entity that is the subject of such referral. The Commissioner of 153
203	203	Revenue Services shall provide such business entity with written notice 154
204	204	of the hearing, specifying the time and place of such hearing and 155
205	205	requiring such business entity to show cause why such dealer 156
206	206	registration should not be suspended or revoked. The written notice of 157
207	207	the hearing shall be mailed or delivered to such business entity not less 158
208	208	than ten days preceding the date of the hearing. Such notice may be 159
209	209	served personally or by registered or certified mail. 160
210	210	(d) If the Commissioner of Revenue Services finds, after a hearing 161
211	211	pursuant to subsection (c) of this section, that any person employed by 162
212	212	any business entity issued a dealer registration under section 21a-415, 163
213	213	as amended by this act, has sold, given or delivered an electronic 164
214	214	nicotine delivery system or vapor product to a person under twenty-one 165
215	215	years of age, other than a person under twenty-one years of age who is 166
216	216	delivering or accepting delivery in such person's capacity as an 167
217	217	employee, said commissioner shall, for the first violation, require such 168
218	218	employee to successfully complete an online prevention education 169
219	219	program administered by the Department of Mental Health and 170
220	220	Addiction Services not later than thirty days after said commissioner's 171
221	221	finding. [Said commissioner] The Commissioner of Revenue Services 172
222	222	shall assess any employee who fails to complete such program a civil 173
223	223	penalty of [two] four hundred dollars. Said commissioner shall assess 174
224	224	any employee a civil penalty of [two hundred fifty] five hundred dollars 175 Raised Bill No. 139
225	225
226	226
227	227
228	228	LCO No. 1184 7 of 15
229	229
230	230	for a second or subsequent violation on or before twenty-four months 176
231	231	after the date of the first violation. 177
232	232	(e) (1) If the Commissioner of Revenue Services finds, after a hearing 178
233	233	pursuant to subsection (c) of this section, that [(1)] (A) any business 179
234	234	entity issued a dealer registration under section 21a-415, as amended by 180
235	235	this act, has sold, given or delivered an electronic nicotine delivery 181
236	236	system or vapor product to a person under twenty-one years of age, 182
237	237	other than a person under twenty-one years of age who is delivering or 183
238	238	accepting delivery in such person's capacity as an employee, or [(2)] (B) 184
239	239	such person's employee has sold, given or delivered an electronic 185
240	240	nicotine delivery system or vapor product to a person under twenty-one 186
241	241	years of age, the commissioner shall, for the first violation, require the 187
242	242	authorized owner of such business entity to successfully complete an 188
243	243	online prevention education program administered by the Department 189
244	244	of Mental Health and Addiction Services not later than thirty days after 190
245	245	said commissioner's finding. [Said commissioner] The Commissioner of 191
246	246	Revenue Services shall assess any business entity issued a dealer 192
247	247	registration, whose authorized owner fails to complete such program, a 193
248	248	civil penalty of [three] six hundred dollars for the first violation. [Said 194
249	249	commissioner] 195
250	250	(2) The Commissioner of Revenue Services shall assess such business 196
251	251	entity a civil penalty of [seven hundred fifty] one thousand dollars for a 197
252	252	second violation on or before twenty-four months after the date of the 198
253	253	first violation. 199
254	254	(3) For a third violation by such business entity on or before twenty-200
255	255	four months after the date of the first violation, [said commissioner] the 201
256	256	Commissioner of Revenue Services shall assess such business entity a 202
257	257	civil penalty of [one] two thousand dollars and notify the Commissioner 203
258	258	of Consumer Protection that the dealer registration held by such 204
259	259	business entity under this chapter shall be suspended for not less than 205
260	260	thirty days. 206
261	261	(4) For a fourth violation on or before twenty-four months after the 207 Raised Bill No. 139
262	262
263	263
264	264
265	265	LCO No. 1184 8 of 15
266	266
267	267	date of the first violation, the Commissioner of Revenue Services shall 208
268	268	assess such business entity a civil penalty of [one] two thousand dollars 209
269	269	and notify the Commissioner of Consumer Protection that the dealer 210
270	270	registration held by such business entity under [said] this chapter shall 211
271	271	be revoked. The Commissioner of Revenue Services shall order such 212
272	272	business entity to conspicuously post a notice in a public place stating 213
273	273	that electronic nicotine delivery systems and vapor products cannot be 214
274	274	sold during the period of suspension or revocation and the reasons for 215
275	275	such suspension or revocation. Any sale of an electronic nicotine 216
276	276	delivery system or vapor product by such business entity during the 217
277	277	period of such suspension or revocation shall be deemed an additional 218
278	278	violation of this section. 219
279	279	(f) (1) If the Commissioner of Revenue Services finds, after a hearing 220
280	280	pursuant to subsection (c) of this section, that (A) any business entity 221
281	281	issued a dealer registration under section 21a-415, as amended by this 222
282	282	act, has sold, given or delivered an electronic nicotine delivery system 223
283	283	or vapor product with a flavoring agent, other than tobacco flavor, that 224
284	284	has been added for the purpose of flavoring the contents of the 225
285	285	electronic nicotine delivery system or vapor product, or (B) any such 226
286	286	business entity does not possess documentation of nicotine content or 227
287	287	nicotine content that indicates a level of nicotine that is greater than 228
288	288	thirty-five milligrams per milliliter for any electronic nicotine delivery 229
289	289	system or vapor product sold, given or delivered within the retail 230
290	290	establishment of the business entity, the commissioner shall, for the first 231
291	291	violation, require the authorized owner of such business entity to 232
292	292	successfully complete an online prevention education program 233
293	293	administered by the Department of Mental Health and Addiction 234
294	294	Services not later than thirty days after said commissioner's finding. The 235
295	295	Commissioner of Revenue Services shall assess any business entity 236
296	296	issued a dealer registration, whose authorized owner fails to complete 237
297	297	such program, a civil penalty of six hundred dollars for the first 238
298	298	violation. 239
299	299	(2) The Commissioner of Revenue Services shall assess such business 240
300	300	entity a civil penalty of one thousand five hundred dollars for a second 241 Raised Bill No. 139
301	301
302	302
303	303
304	304	LCO No. 1184 9 of 15
305	305
306	306	violation on or before twenty-four months after the date of the first 242
307	307	violation. 243
308	308	(3) For a third violation by such business entity on or before twenty-244
309	309	four months after the date of the first violation, the Commissioner of 245
310	310	Revenue Services shall assess such business entity a civil penalty of two 246
311	311	thousand dollars and notify the Commissioner of Consumer Protection 247
312	312	that the dealer registration held by such business entity under this 248
313	313	chapter shall be suspended for not less than thirty days. 249
314	314	(4) For a fourth violation on or before twenty-four months after the 250
315	315	date of the first violation, the Commissioner of Revenue Services shall 251
316	316	assess such business entity a civil penalty of two thousand dollars and 252
317	317	notify the Commissioner of Consumer Protection that the dealer 253
318	318	registration held by such business entity under this chapter shall be 254
319	319	revoked. The Commissioner of Revenue Services shall order such 255
320	320	business entity to conspicuously post a notice in a public place stating 256
321	321	that electronic nicotine delivery systems and vapor products cannot be 257
322	322	sold during the period of suspension or revocation and the reasons for 258
323	323	such suspension or revocation. Any sale of an electronic nicotine 259
324	324	delivery system or vapor product by such business entity during the 260
325	325	period of such suspension or revocation shall be deemed an additional 261
326	326	violation of this section. 262
327	327	[(f)] (g) Upon receipt of notice of determination from the 263
328	328	Commissioner of Revenue Services made under subsection (e) of this 264
329	329	section, the Commissioner of Consumer Protection shall suspend or 265
330	330	revoke the dealer registration of the business entity that is the subject of 266
331	331	said determination. The Commissioner of Consumer Protection shall 267
332	332	not be required to hold a hearing in connection with any notice of 268
333	333	determination received from the Commissioner of Revenue Services 269
334	334	under this section. 270
335	335	[(g)] (h) The Commissioner of Consumer Protection shall not issue a 271
336	336	new dealer registration to a former registrant whose dealer registration 272
337	337	was revoked unless the commissioner is satisfied that such business 273 Raised Bill No. 139
338	338
339	339
340	340
341	341	LCO No. 1184 10 of 15
342	342
343	343	entity that holds a dealer registration will comply with the provisions of 274
344	344	this chapter and any regulations related thereto, and section 53-344b, as 275
345	345	amended by this act. 276
346	346	Sec. 4. Section 12-295a of the general statutes is repealed and the 277
347	347	following is substituted in lieu thereof (Effective January 1, 2023): 278
348	348	(a) If the Commissioner of Revenue Services finds, after a hearing, 279
349	349	that any person employed by a dealer or distributor, as defined in 280
350	350	section 12-285, has sold, given or delivered cigarettes or tobacco 281
351	351	products to a person under twenty-one years of age other than a person 282
352	352	under twenty-one years of age who is delivering or accepting delivery 283
353	353	in such person's capacity as an employee, said commissioner shall, for 284
354	354	the first violation, require such person to successfully complete an 285
355	355	online tobacco prevention education program administered by the 286
356	356	Department of Mental Health and Addiction Services not later than 287
357	357	thirty days after said commissioner's finding. [Said commissioner] The 288
358	358	Commissioner of Revenue Services shall assess any person who fails to 289
359	359	complete such program a civil penalty of [two] four hundred dollars. 290
360	360	Said commissioner shall assess any person employed by a dealer or 291
361	361	distributor a civil penalty of [two hundred fifty] five hundred dollars 292
362	362	for a second or subsequent violation on or before twenty-four months 293
363	363	after the date of the first violation. 294
364	364	(b) (1) If the Commissioner of Revenue Services finds, after a hearing, 295
365	365	that any dealer or distributor has sold, given or delivered cigarettes or a 296
366	366	tobacco product to a person under twenty-one years of age other than a 297
367	367	person under twenty-one years of age who is delivering or accepting 298
368	368	delivery in such person's capacity as an employee, or such dealer or 299
369	369	distributor's employee has sold, given or delivered cigarettes or a 300
370	370	tobacco product to such person, said commissioner shall require such 301
371	371	dealer or distributor, for the first violation, to successfully complete an 302
372	372	online tobacco prevention education program administered by the 303
373	373	Department of Mental Health and Addiction Services not later than 304
374	374	thirty days after said commissioner's finding. [Said commissioner] The 305
375	375	Commissioner of Revenue Services shall assess any dealer or distributor 306 Raised Bill No. 139
376	376
377	377
378	378
379	379	LCO No. 1184 11 of 15
380	380
381	381	who fails to complete such program a civil penalty of [three] six 307
382	382	hundred dollars. [Said commissioner] 308
383	383	(2) The Commissioner of Revenue Services shall assess [any] such 309
384	384	dealer or distributor a civil penalty of [seven hundred fifty] one 310
385	385	thousand five hundred dollars for a second violation on or before 311
386	386	twenty-four months after the date of the first violation. 312
387	387	(3) For a third violation on or before twenty-four months after the 313
388	388	date of the first violation, [said commissioner] the Commissioner of 314
389	389	Revenue Services shall assess such dealer or distributor a civil penalty 315
390	390	of [one] two thousand dollars and suspend any license held by such 316
391	391	dealer or distributor under this chapter for not less than thirty days. 317
392	392	(4) For a fourth violation on or before twenty-four months after the 318
393	393	date of the first violation, [said commissioner] the Commissioner of 319
394	394	Revenue Services shall assess such dealer or distributor a civil penalty 320
395	395	of [one] two thousand dollars and revoke any license issued to such 321
396	396	dealer or distributor under this chapter. Said commissioner shall order 322
397	397	such distributor or dealer to conspicuously post a notice in a public 323
398	398	place within such distributor's or dealer's establishment stating that 324
399	399	cigarettes and tobacco products cannot be sold during the period of such 325
400	400	suspension or revocation and the reasons for such suspension or 326
401	401	revocation. Any sale of cigarettes or a tobacco product by such dealer or 327
402	402	distributor during such suspension or revocation shall be deemed an 328
403	403	additional violation of this subsection. 329
404	404	(c) (1) If the Commissioner of Revenue Services finds, after a hearing, 330
405	405	that any owner of an establishment in which a cigarette vending 331
406	406	machine or restricted cigarette vending machine is located has sold, 332
407	407	given or delivered cigarettes or tobacco products from any such 333
408	408	machine to a person under twenty-one years of age other than a person 334
409	409	under twenty-one years of age who is delivering or accepting delivery 335
410	410	in such person's capacity as an employee, or has allowed cigarettes or 336
411	411	tobacco products to be sold, given or delivered to such person from any 337
412	412	such machine, said commissioner shall require such owner, for the first 338 Raised Bill No. 139
413	413
414	414
415	415
416	416	LCO No. 1184 12 of 15
417	417
418	418	violation, to successfully complete an online tobacco prevention 339
419	419	education program administered by the Department of Mental Health 340
420	420	and Addiction Services not later than thirty days after said 341
421	421	commissioner's finding. [Said commissioner] The Commissioner of 342
422	422	Revenue Services shall assess any owner who fails to complete such 343
423	423	program a civil penalty of [five hundred] one thousand dollars. [Said 344
424	424	commissioner] 345
425	425	(2) The Commissioner of Revenue Services shall assess [any] such 346
426	426	owner a civil penalty of [seven hundred fifty] one thousand five 347
427	427	hundred dollars for a second violation on or before twenty-four months 348
428	428	after the date of the first violation. 349
429	429	(3) For a third violation on or before twenty-four months after the 350
430	430	date of the first violation, [said commissioner] the Commissioner of 351
431	431	Revenue Services shall assess such owner a civil penalty of [one] two 352
432	432	thousand dollars and immediately remove any such machine from such 353
433	433	establishment and no such machine may be placed in suc h 354
434	434	establishment for a period of one year following such removal. 355
435	435	(d) Any person aggrieved by any action of the [commissioner] 356
436	436	Commissioner of Revenue Services pursuant to this section may take 357
437	437	any appeal of such action as provided in sections 12-311 and 12-312. 358
438	438	Sec. 5. Subsection (b) of section 53-344 of the general statutes is 359
439	439	repealed and the following is substituted in lieu thereof (Effective January 360
440	440	1, 2023): 361
441	441	(b) Any person who sells, gives or delivers to any person under 362
442	442	twenty-one years of age cigarettes or a tobacco product shall be fined 363
443	443	not more than [three] six hundred dollars for the first offense, not more 364
444	444	than [seven hundred fifty] one thousand five hundred dollars for a 365
445	445	second offense on or before twenty-four months after the date of the first 366
446	446	offense and not more than [one] two thousand dollars for each 367
447	447	subsequent offense on or before twenty-four months after the date of the 368
448	448	first offense. The provisions of this subsection shall not apply to a person 369
449	449	under twenty-one years of age who is delivering or accepting delivery 370 Raised Bill No. 139
450	450
451	451
452	452
453	453	LCO No. 1184 13 of 15
454	454
455	455	of cigarettes or a tobacco product (1) in such person's capacity as an 371
456	456	employee, or (2) as part of a scientific study being conducted by an 372
457	457	organization for the purpose of medical research to further efforts in 373
458	458	cigarette and tobacco product use prevention and cessation, provided 374
459	459	such medical research has been approved by the organization's 375
460	460	institutional review board, as defined in section 21a-408. 376
461	461	Sec. 6. Subsection (b) of section 53-344b of the general statutes is 377
462	462	repealed and the following is substituted in lieu thereof (Effective January 378
463	463	1, 2023): 379
464	464	(b) Any person who sells, gives or delivers to any person under 380
465	465	twenty-one years of age an electronic nicotine delivery system or vapor 381
466	466	product in any form shall be fined not more than [three] six hundred 382
467	467	dollars for the first offense, not more than [seven hundred fifty] one 383
468	468	thousand five hundred dollars for a second offense on or before twenty-384
469	469	four months after the date of the first offense and not more than [one] 385
470	470	two thousand dollars for each subsequent offense on or before twenty-386
471	471	four months after the date of the first offense. The provisions of this 387
472	472	subsection shall not apply to a person under twenty-one years of age 388
473	473	who is delivering or accepting delivery of an electronic nicotine delivery 389
474	474	system or vapor product (1) in such person's capacity as an employee, 390
475	475	or (2) as part of a scientific study being conducted by an organization 391
476	476	for the purpose of medical research to further efforts in tobacco use 392
477	477	prevention and cessation, provided such medical research has been 393
478	478	approved by the organization's institutional review board, as defined in 394
479	479	section 21a-408. 395
480	480	Sec. 7. Section 21a-418 of the general statutes is repealed and the 396
481	481	following is substituted in lieu thereof (Effective October 1, 2022): 397
482	482	(a) As used in this section: 398
483	483	(1) "Person" means any individual, firm, fiduciary, partnership, 399
484	484	corporation, limited liability company, trust or association, however 400
485	485	formed; 401 Raised Bill No. 139
486	486
487	487
488	488
489	489	LCO No. 1184 14 of 15
490	490
491	491	(2) "Electronic cigarette liquid" has the same meaning as provided in 402
492	492	section 21a-415, as amended by this act; 403
493	493	[(2)] (3) "Electronic nicotine delivery system" has the same meaning 404
494	494	as provided in section 21a-415, as amended by this act; and 405
495	495	[(3)] (4) "Vapor product" has the same meaning as provided in section 406
496	496	21a-415, as amended by this act. 407
497	497	(b) A person with an electronic nicotine delivery system certificate of 408
498	498	dealer registration, when selling and shipping an electronic nicotine 409
499	499	delivery system or a vapor product directly to a consumer in the state, 410
500	500	shall: (1) [Ensure] At the time of sale (A) require such consumer to 411
501	501	provide a copy of such consumer's valid motor vehicle operator's license 412
502	502	or valid identity card, as described in section 1-1h, or (B) verify such 413
503	503	consumer's identity on a commercially available third-party database 414
504	504	used for the purpose of age verification by business entities; (2) ensure 415
505	505	that the name on such consumer's valid motor vehicle operator's license 416
506	506	payment used to purchase such system or product at the time of sale; (3) 417
507	507	ensure that the shipping labels on all containers of an electronic nicotine 418
508	508	delivery system or vapor product [shipped directly to a consumer in the 419
509	509	state conspicuously states] conspicuously state the following: 420
510	510	"CONTAINS AN ELECTRONIC NICOTINE DELIVERY SYSTEM OR 421
511	511	VAPOR PRODUCT —SIGNATURE OF A PERSON AGE 21 OR OLDER 422
512	512	REQUIRED FOR DELIVERY"; and [(2)] (4) obtain the signature of a 423
513	513	person [age] twenty-one years of age or older at the shipping address 424
514	514	prior to delivery, after requiring the signer to demonstrate that he or she 425
515	515	is age twenty-one or older by providing a valid motor vehicle operator's 426
516	516	license or a valid identity card. [described in section 1-1h] No person 427
517	517	with an electronic nicotine delivery system certificate of dealer 428
518	518	registration shall sell or ship to a consumer in the state more than two 429
519	519	vapor products and thirty cartridges of electronic cigarette liquid in a 430
520	520	one-month period. 431
521	521	This act shall take effect as follows and shall amend the following
522	522	sections:
523	523	Raised Bill No. 139
524	524
525	525
526	526
527	527	LCO No. 1184 15 of 15
528	528
529	529	Section 1 January 1, 2023 21a-415(a)
530	530	Sec. 2 January 1, 2022 New section
531	531	Sec. 3 January 1, 2023 21a-415b
532	532	Sec. 4 January 1, 2023 12-295a
533	533	Sec. 5 January 1, 2023 53-344(b)
534	534	Sec. 6 January 1, 2023 53-344b(b)
535	535	Sec. 7 October 1, 2022 21a-418
536	536
537	537	Statement of Purpose:
538	538	To discourage the use of electronic nicotine delivery systems and vapor
539	539	products by children.
540	540	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
541	541	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
542	542	underlined.]
543	543