Connecticut 2022 Regular Session

Connecticut Senate Bill SB00139 Latest Draft

Bill / Introduced Version Filed 02/18/2022

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repealed and the following is substituted in lieu thereof (Effective January 2 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