Connecticut 2022 Regular Session

Connecticut Senate Bill SB00367 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 367
	7	+	General Assembly Raised Bill No. 367
8	8		February Session, 2022
	9	+	LCO No. 2867
	10	+
	11	+
	12	+	Referred to Committee on PUBLIC HEALTH
	13	+
	14	+
	15	+	Introduced by:
	16	+	(PH)
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10	18
11	19
12		-
13		-
14		-	AN ACT CONCERNING THE SALE OF ELECTRONIC NICOTINE
15		-	DELIVERY SYSTEMS AND VAPOR PRODUCTS AND INCREASING
16		-	PENALTIES FOR UNDERAGE SALES OF SUCH SYSTEMS AND
17		-	PRODUCTS, CIGARETTES AND TOBACCO PRODUCTS.
	20	+	AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY
	21	+	SYSTEMS AND VAPOR PRODUCTS.
18	22		Be it enacted by the Senate and House of Representatives in General
19	23		Assembly convened:
20	24
21	25		Section 1. Subsection (a) of section 21a-415 of the general statutes is 1
22	26		repealed and the following is substituted in lieu thereof (Effective January 2
23	27		1, 2023): 3
24	28		(a) As used in this chapter and section [53-344] 2 of this act: 4
25	29		(1) "Authorized owner" means the owner or authorized designee of a 5
26	30		business entity that is applying for a registration or is registered with 6
27	31		the Department of Consumer Protection pursuant to this chapter; 7
28	32		(2) "Business entity" means any corporation, limited liability 8
29	33		company, association, partnership, sole proprietorship, government, 9
30	34		governmental subdivision or agency, business trust, estate, trust or any 10
31	35		other legal entity; 11
32	36		(3) "Dealer registration" means an electronic nicotine delivery system 12
33		-	certificate of dealer registration issued by the Commissioner of 13
34		-	Consumer Protection pursuant to this section; 14 Substitute Bill No. 367
	37	+	certificate of dealer registration issued by the Commissioner of 13 Raised Bill No. 367
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40	43
	44	+	Consumer Protection pursuant to this section; 14
41	45		(4) "Manufacturer registration" means an electronic nicotine delivery 15
42	46		system certificate of manufacturer registration issued by the 16
43	47		Commissioner of Consumer Protection pursuant to section 21a-415a to 17
44	48		any person who mixes, compounds, repackages or resizes any nicotine-18
45	49		containing electronic nicotine delivery system or vapor product; 19
46	50		(5) "Electronic cigarette liquid" means a liquid, including, but not 20
47	51		limited to, a concentrated plant extract or oil containing natural or 21
48	52		synthetic ingredients, that, when used in an electronic nicotine delivery 22
49	53		system or vapor product, produces a vapor that may or may not include 23
50	54		nicotine and [is] may be inhaled by the user of such electronic nicotine 24
51	55		delivery system or vapor product; 25
52	56		(6) "Electronic nicotine delivery system" means an electronic device 26
53	57		used in the delivery of nicotine or other substances to a person inhaling 27
54	58		from the device, and includes, but is not limited to, an electronic 28
55	59		cigarette, electronic cigar, electronic cigarillo, electronic pipe or 29
56	60		electronic hookah and any related device and any cartridge or other 30
57	61		component of such device, including, but not limited to, electronic 31
58	62		cigarette liquid; 32
59	63		(7) "Vapor product" means any product that employs a heating 33
60	64		element, power source, electronic circuit or other electronic, chemical or 34
61	65		mechanical means, regardless of shape or size, to produce a vapor that 35
62	66		may include nicotine and is inhaled by the user of such product. "Vapor 36
63	67		product" does not include a medicinal or therapeutic product that is (A) 37
64	68		used by a licensed health care provider to treat a patient in a health care 38
65	69		setting, (B) used by a patient, as prescribed or directed by a licensed 39
66	70		health care provider in any setting, or (C) any drug or device, as defined 40
67	71		in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 41
68	72		from time to time, any combination product, as described in said act, 21 42
69	73		USC 353(g), as amended from time to time, or any biological product, as 43
70	74		described in 42 USC 262, as amended from time to time, and 21 CFR 44
71		-	600.3, as amended from time to time, authorized for sale by the United 45
72		-	States Food and Drug Administration; 46 Substitute Bill No. 367
	75	+	600.3, as amended from time to time, authorized for sale by the United 45 Raised Bill No. 367
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	82	+	States Food and Drug Administration; 46
79	83		(8) "Sale" or "sell" means an act done intentionally by any person, 47
80	84		whether done as principal, proprietor, agent, servant or employee, of 48
81	85		transferring, or offering or attempting to transfer, for consideration, 49
82	86		including bartering or exchanging, or offering to barter or exchange; 50
83	87		[and] 51
84	88		(9) "Deliver" or "delivering" means an act done intentionally by any 52
85	89		person, whether as principal, proprietor, agent, servant or employee, of 53
86	90		transferring, or offering or attempting to transfer, physical possession 54
87	91		or control of an electronic nicotine delivery system or vapor product; 55
88	92		and 56
89		-	(10) "Adult-only tobacco retail store" means a retail establishment, as 57
90		-	defined in section 19a-106a, that holds a dealer registration and 58
91		-	prohibits persons under the age of twenty-one from entering such 59
92		-	establishment. 60
93		-	Sec. 2. (NEW) (Effective January 1, 2023) For the period commencing 61
94		-	January 1, 2023, to June 30, 2026, inclusive, no business entity other than 62
95		-	an adult-only tobacco retail store or a principal, a proprietor, an agent, 63
96		-	a servant or an employee of such tobacco retail store shall sell, give, 64
97		-	deliver or possess with intent to sell in this state any electronic nicotine 65
98		-	delivery system or vapor product. 66
99		-	Sec. 3. Section 21a-415b of the general statutes is repealed and the 67
100		-	following is substituted in lieu thereof (Effective January 1, 2023): 68
101		-	(a) Each business entity with a dealer registration shall place and 69
102		-	maintain in legible condition at each point of sale of electronic nicotine 70
103		-	delivery systems or vapor products a notice to consumers that states (1) 71
104		-	the sale, giving or delivering of electronic nicotine delivery systems and 72
105		-	vapor products to any person under twenty-one years of age is 73
106		-	prohibited by section 53-344b, as amended by this act, (2) the use of false 74
107		-	identification by a person under twenty-one years of age to purchase an 75
108		-	electronic nicotine delivery system or a vapor product is prohibited, and 76
109		-	(3) the penalties and fines for violating the provisions of this section and 77 Substitute Bill No. 367
	93	+	(10) "Flavored electronic nicotine delivery system or vapor product" 57
	94	+	means any flavored electronic nicotine delivery system or vapor 58
	95	+	product that imparts a taste or smell, other than the taste or smell of 59
	96	+	tobacco, either prior to or during the use of an electronic nicotine 60
	97	+	delivery system or vapor product, including, but not limited to, any 61
	98	+	taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, 62
	99	+	cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb or 63
	100	+	spice. 64
	101	+	Sec. 2. (NEW) (Effective January 1, 2023) (a) No person shall sell, give, 65
	102	+	deliver or possess with intent to sell in this state any flavored electronic 66
	103	+	nicotine delivery system or vapor product. 67
	104	+	(b) (1) No person shall sell, give, deliver or possess with intent to sell, 68
	105	+	in this state an electronic nicotine delivery system or a vapor product 69
	106	+	with a nicotine content that is greater than thirty-five milligrams per 70
	107	+	milliliter. Each person with a manufacturer registration shall provide 71
	108	+	documentation to a person with a dealer registration, indicating the 72
	109	+	nicotine content, expressed as milligrams per milliliter, for each 73
	110	+	electronic nicotine delivery system and vapor product sold by such 74
	111	+	person with a manufacturer registration to such person with a dealer 75
	112	+	registration. 76 Raised Bill No. 367
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116		-	section 53-344b, as amended by this act. 78
117		-	(b) The Commissioner of Mental Health and Addiction Services, or 79
118		-	the commissioner's designee, shall conduct unannounced compliance 80
119		-	checks on business entities [holding] with a dealer registration by 81
120		-	engaging persons between the ages of sixteen and twenty to enter the 82
121		-	place of business of each such business entity to attempt to purchase an 83
122		-	electronic nicotine delivery system or a vapor product. The 84
123		-	commissioner shall conduct unannounced follow-up compliance checks 85
124		-	of all noncompliant business entities and shall refer all noncompliant 86
125		-	business entities to the Commissioner of Revenue Services. 87
126		-	(c) Upon receipt of a referral made pursuant to subsection (b) of this 88
127		-	section, the Commissioner of Revenue Services may, following a 89
128		-	hearing, impose a civil penalty and direct the Commissioner of 90
129		-	Consumer Protection to suspend or revoke the dealer registration of the 91
130		-	business entity that is the subject of such referral. The Commissioner of 92
131		-	Revenue Services shall provide such business entity with written notice 93
132		-	of the hearing, specifying the time and place of such hearing and 94
133		-	requiring such business entity to show cause why such dealer 95
134		-	registration should not be suspended or revoked. The written notice of 96
135		-	the hearing shall be mailed or delivered to such business entity not less 97
136		-	than ten days preceding the date of the hearing. Such notice may be 98
137		-	served personally or by registered or certified mail. 99
138		-	(d) If the Commissioner of Revenue Services finds, after a hearing 100
139		-	pursuant to subsection (c) of this section, that any person employed by 101
140		-	any business entity issued a dealer registration under section 21a-415, 102
141		-	as amended by this act, has sold, given or delivered an electronic 103
142		-	nicotine delivery system or vapor product to a person under twenty-one 104
143		-	years of age, other than a person under twenty-one years of age who is 105
144		-	delivering or accepting delivery in such person's capacity as an 106
145		-	employee, said commissioner shall, for the first violation, require such 107
146		-	employee to successfully complete an online prevention education 108
147		-	program administered by the Department of Mental Health and 109
148		-	Addiction Services not later than thirty days after said commissioner's 110 Substitute Bill No. 367
	119	+	(2) Each business entity holding a dealer registration shall (A) 77
	120	+	maintain documentation, within the place of business identified in the 78
	121	+	business entity's application for dealer registration, of the nicotine 79
	122	+	content provided pursuant to subdivision (1) of this subsection by the 80
	123	+	person with a manufacturer registration, for each electronic nicotine 81
	124	+	delivery system and vapor product sold, given or delivered by such 82
	125	+	person to the business entity, and (B) provide such documentation at the 83
	126	+	request of the Commissioner of Mental Health and Addiction Services, 84
	127	+	or the commissioner's designee, during any unannounced compliance 85
	128	+	check conducted pursuant to section 21a-415b of the general statutes, as 86
	129	+	amended by this act. 87
	130	+	(c) As used in this section, "person" means any individual, authorized 88
	131	+	owner of a business entity, retail establishment, as defined in section 89
	132	+	19a-106a of the general statutes, partnership, company, limited liability 90
	133	+	company, public or private corporation, association, trustee, executor, 91
	134	+	administrator or other fiduciary or custodian. 92
	135	+	Sec. 3. Section 21a-415b of the general statutes is repealed and the 93
	136	+	following is substituted in lieu thereof (Effective January 1, 2023): 94
	137	+	(a) Each business entity with a dealer registration shall place and 95
	138	+	maintain in legible condition at each point of sale of electronic nicotine 96
	139	+	delivery systems or vapor products a notice to consumers that states (1) 97
	140	+	the sale, giving or delivering of electronic nicotine delivery systems and 98
	141	+	vapor products to any person under twenty-one years of age is 99
	142	+	prohibited by section 53-344b, as amended by this act, (2) the use of false 100
	143	+	identification by a person under twenty-one years of age to purchase an 101
	144	+	electronic nicotine delivery system or a vapor product is prohibited, and 102
	145	+	(3) the penalties and fines for violating the provisions of this section and 103
	146	+	section 53-344b, as amended by this act. 104
	147	+	(b) (1) The Commissioner of Mental Health and Addiction Services, 105
	148	+	or the commissioner's designee, shall conduct unannounced compliance 106
	149	+	checks on business entities [holding] with a dealer registration by 107
	150	+	engaging persons between the ages of sixteen and twenty to enter the 108 Raised Bill No. 367
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155		-	finding. [Said commissioner] The Commissioner of Revenue Services 111
156		-	shall assess any employee who fails to complete such program a civil 112
157		-	penalty of [two] four hundred dollars. Said commissioner shall assess 113
158		-	any employee a civil penalty of [two hundred fifty] five hundred dollars 114
159		-	for a second or subsequent violation on or before twenty-four months 115
160		-	after the date of the first violation. 116
161		-	(e) (1) If the Commissioner of Revenue Services finds, after a hearing 117
162		-	pursuant to subsection (c) of this section, that [(1)] (A) any business 118
163		-	entity issued a dealer registration under section 21a-415, as amended by 119
164		-	this act, has sold, given or delivered an electronic nicotine delivery 120
165		-	system or vapor product to a person under twenty-one years of age, 121
166		-	other than a person under twenty-one years of age who is delivering or 122
167		-	accepting delivery in such person's capacity as an employee, or [(2)] (B) 123
168		-	such person's employee has sold, given or delivered an electronic 124
169		-	nicotine delivery system or vapor product to a person under twenty-one 125
170		-	years of age, the commissioner shall, for the first violation, require the 126
171		-	authorized owner of such business entity to successfully complete an 127
172		-	online prevention education program administered by the Department 128
173		-	of Mental Health and Addiction Services not later than thirty days after 129
174		-	said commissioner's finding. [Said commissioner] The Commissioner of 130
175		-	Revenue Services shall assess any business entity issued a dealer 131
176		-	registration, whose authorized owner fails to complete such program, a 132
177		-	civil penalty of [three] six hundred dollars for the first violation. [Said 133
178		-	commissioner] 134
179		-	(2) The Commissioner of Revenue Services shall assess such business 135
180		-	entity a civil penalty of [seven hundred fifty] one thousand five hundred 136
181		-	dollars for a second violation on or before twenty-four months after the 137
182		-	date of the first violation. 138
183		-	(3) For a third violation by such business entity on or before twenty-139
184		-	four months after the date of the first violation, [said commissioner] the 140
185		-	Commissioner of Revenue Services shall assess such business entity a 141
186		-	civil penalty of [one] two thousand dollars and notify the Commissioner 142
187		-	of Consumer Protection that the dealer registration held by such 143 Substitute Bill No. 367
	157	+	place of business of each such business entity to attempt to purchase an 109
	158	+	electronic nicotine delivery system or a vapor product. 110
	159	+	(2) The Commissioner of Mental Health and Addiction Services, or 111
	160	+	the commissioner's designee, shall conduct unannounced compliance 112
	161	+	checks on business entities with a dealer registration to determine 113
	162	+	whether any such business entity is selling, giving or delivering or has 114
	163	+	sold, given or delivered any flavored electronic nicotine delivery system 115
	164	+	or vapor product in violation of subsection (a) of section 2 of this act. 116
	165	+	(3) The Commissioner of Mental Health and Addiction Services, or 117
	166	+	the commissioner's designee, shall conduct unannounced compliance 118
	167	+	checks on business entities with a dealer registration to determine 119
	168	+	whether each such business entity is in possession of the documentation 120
	169	+	required under subsection (b) of section 2 of this act and whether such 121
	170	+	documentation indicates that electronic nicotine delivery systems or 122
	171	+	vapor products with a nicotine content greater than thirty-five 123
	172	+	milligrams per milliliter were sold, given or delivered by such business 124
	173	+	entity. The commissioner shall refer all business entities that do not 125
	174	+	possess such documentation or that sold, gave, delivered or possessed 126
	175	+	with intent to sell an electronic nicotine delivery system or a vapor 127
	176	+	product with a nicotine content that is greater than thirty-five 128
	177	+	milligrams per milliliter to the Commissioner of Revenue Services. 129
	178	+	(4) The [commissioner] Commissioner of Mental Health and 130
	179	+	Addiction Services shall conduct unannounced follow-up compliance 131
	180	+	checks of all noncompliant business entities and shall refer all 132
	181	+	noncompliant business entities to the Commissioner of Revenue 133
	182	+	Services. 134
	183	+	(c) Upon receipt of a referral made pursuant to subsection (b) of this 135
	184	+	section, the Commissioner of Revenue Services may, following a 136
	185	+	hearing, impose a civil penalty and direct the Commissioner of 137
	186	+	Consumer Protection to suspend or revoke the dealer registration of the 138
	187	+	business entity that is the subject of such referral. The Commissioner of 139
	188	+	Revenue Services shall provide such business entity with written notice 140 Raised Bill No. 367
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194		-	business entity under this chapter shall be suspended for not less than 144
195		-	thirty days. 145
196		-	(4) For a fourth violation on or before twenty-four months after the 146
197		-	date of the first violation, the Commissioner of Revenue Services shall 147
198		-	assess such business entity a civil penalty of [one] two thousand dollars 148
199		-	and notify the Commissioner of Consumer Protection that the dealer 149
200		-	registration held by such business entity under [said] this chapter shall 150
201		-	be revoked. The Commissioner of Revenue Services shall order such 151
202		-	business entity to conspicuously post a notice in a public place stating 152
203		-	that electronic nicotine delivery systems and vapor products cannot be 153
204		-	sold during the period of suspension or revocation and the reasons for 154
205		-	such suspension or revocation. Any sale of an electronic nicotine 155
206		-	delivery system or vapor product by such business entity during the 156
207		-	period of such suspension or revocation shall be deemed an additional 157
208		-	violation of this section. 158
209		-	(f) Upon receipt of notice of determination from the Commissioner of 159
210		-	Revenue Services made under subsection (e) of this section, the 160
211		-	Commissioner of Consumer Protection shall suspend or revoke the 161
212		-	dealer registration of the business entity that is the subject of said 162
213		-	determination. The Commissioner of Consumer Protection shall not be 163
214		-	required to hold a hearing in connection with any notice of 164
215		-	determination received from the Commissioner of Revenue Services 165
216		-	under this section. 166
217		-	(g) The Commissioner of Consumer Protection shall not issue a new 167
218		-	dealer registration to a former registrant whose dealer registration was 168
219		-	revoked unless the commissioner is satisfied that such business entity 169
220		-	that holds a dealer registration will comply with the provisions of this 170
221		-	chapter and any regulations related thereto, and section 53-344b, as 171
222		-	amended by this act. 172
223		-	Sec. 4. Section 12-295a of the general statutes is repealed and the 173
224		-	following is substituted in lieu thereof (Effective January 1, 2023): 174 Substitute Bill No. 367
	195	+	of the hearing, specifying the time and place of such hearing and 141
	196	+	requiring such business entity to show cause why such dealer 142
	197	+	registration should not be suspended or revoked. The written notice of 143
	198	+	the hearing shall be mailed or delivered to such business entity not less 144
	199	+	than ten days preceding the date of the hearing. Such notice may be 145
	200	+	served personally or by registered or certified mail. 146
	201	+	(d) If the Commissioner of Revenue Services finds, after a hearing 147
	202	+	pursuant to subsection (c) of this section, that any person employed by 148
	203	+	any business entity issued a dealer registration under section 21a-415, 149
	204	+	as amended by this act, has sold, given or delivered an electronic 150
	205	+	nicotine delivery system or vapor product to a person under twenty-one 151
	206	+	years of age, other than a person under twenty-one years of age who is 152
	207	+	delivering or accepting delivery in such person's capacity as an 153
	208	+	employee, said commissioner shall, for the first violation, require such 154
	209	+	employee to successfully complete an online prevention education 155
	210	+	program administered by the Department of Mental Health and 156
	211	+	Addiction Services not later than thirty days after said commissioner's 157
	212	+	finding. [Said commissioner] The Commissioner of Revenue Services 158
	213	+	shall assess any employee who fails to complete such program a civil 159
	214	+	penalty of [two] four hundred dollars. Said commissioner shall assess 160
	215	+	any employee a civil penalty of [two hundred fifty] five hundred dollars 161
	216	+	for a second or subsequent violation on or before twenty-four months 162
	217	+	after the date of the first violation. 163
	218	+	(e) (1) If the Commissioner of Revenue Services finds, after a hearing 164
	219	+	pursuant to subsection (c) of this section, that [(1)] (A) any business 165
	220	+	entity issued a dealer registration under section 21a-415, as amended by 166
	221	+	this act, has sold, given or delivered an electronic nicotine delivery 167
	222	+	system or vapor product to a person under twenty-one years of age, 168
	223	+	other than a person under twenty-one years of age who is delivering or 169
	224	+	accepting delivery in such person's capacity as an employee, or [(2)] (B) 170
	225	+	such person's employee has sold, given or delivered an electronic 171
	226	+	nicotine delivery system or vapor product to a person under twenty-one 172
	227	+	years of age, the commissioner shall, for the first violation, require the 173 Raised Bill No. 367
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231		-	(a) If the Commissioner of Revenue Services finds, after a hearing, 175
232		-	that any person employed by a dealer or distributor, as defined in 176
233		-	section 12-285, has sold, given or delivered cigarettes or tobacco 177
234		-	products to a person under twenty-one years of age other than a person 178
235		-	under twenty-one years of age who is delivering or accepting delivery 179
236		-	in such person's capacity as an employee, said commissioner shall, for 180
237		-	the first violation, require such person to successfully complete an 181
238		-	online tobacco prevention education program administered by the 182
239		-	Department of Mental Health and Addiction Services not later than 183
240		-	thirty days after said commissioner's finding. [Said commissioner] The 184
241		-	Commissioner of Revenue Services shall assess any person who fails to 185
242		-	complete such program a civil penalty of [two] four hundred dollars. 186
243		-	Said commissioner shall assess any person employed by a dealer or 187
244		-	distributor a civil penalty of [two hundred fifty] five hundred dollars 188
245		-	for a second or subsequent violation on or before twenty-four months 189
246		-	after the date of the first violation. 190
247		-	(b) (1) If the Commissioner of Revenue Services finds, after a hearing, 191
248		-	that any dealer or distributor has sold, given or delivered cigarettes or a 192
249		-	tobacco product to a person under twenty-one years of age other than a 193
250		-	person under twenty-one years of age who is delivering or accepting 194
251		-	delivery in such person's capacity as an employee, or such dealer or 195
252		-	distributor's employee has sold, given or delivered cigarettes or a 196
253		-	tobacco product to such person, said commissioner shall require such 197
254		-	dealer or distributor, for the first violation, to successfully complete an 198
255		-	online tobacco prevention education program administered by the 199
256		-	Department of Mental Health and Addiction Services not later than 200
257		-	thirty days after said commissioner's finding. [Said commissioner] The 201
258		-	Commissioner of Revenue Services shall assess any dealer or distributor 202
259		-	who fails to complete such program a civil penalty of [three] six 203
260		-	hundred dollars. [Said commissioner] 204
261		-	(2) The Commissioner of Revenue Services shall assess [any] such 205
262		-	dealer or distributor a civil penalty of [seven hundred fifty] one 206
263		-	thousand five hundred dollars for a second violation on or before 207 Substitute Bill No. 367
	234	+	authorized owner of such business entity to successfully complete an 174
	235	+	online prevention education program administered by the Department 175
	236	+	of Mental Health and Addiction Services not later than thirty days after 176
	237	+	said commissioner's finding. [Said commissioner] The Commissioner of 177
	238	+	Revenue Services shall assess any business entity issued a dealer 178
	239	+	registration, whose authorized owner fails to complete such program, a 179
	240	+	civil penalty of [three] six hundred dollars for the first violation. [Said 180
	241	+	commissioner] 181
	242	+	(2) The Commissioner of Revenue Services shall assess such business 182
	243	+	entity a civil penalty of [seven hundred fifty] one thousand five hundred 183
	244	+	dollars for a second violation on or before twenty-four months after the 184
	245	+	date of the first violation. 185
	246	+	(3) For a third violation by such business entity on or before twenty-186
	247	+	four months after the date of the first violation, [said commissioner] the 187
	248	+	Commissioner of Revenue Services shall assess such business entity a 188
	249	+	civil penalty of [one] two thousand dollars and notify the Commissioner 189
	250	+	of Consumer Protection that the dealer registration held by such 190
	251	+	business entity under this chapter shall be suspended for not less than 191
	252	+	thirty days. 192
	253	+	(4) For a fourth violation on or before twenty-four months after the 193
	254	+	date of the first violation, the Commissioner of Revenue Services shall 194
	255	+	assess such business entity a civil penalty of [one] two thousand dollars 195
	256	+	and notify the Commissioner of Consumer Protection that the dealer 196
	257	+	registration held by such business entity under [said] this chapter shall 197
	258	+	be revoked. The Commissioner of Revenue Services shall order such 198
	259	+	business entity to conspicuously post a notice in a public place stating 199
	260	+	that electronic nicotine delivery systems and vapor products cannot be 200
	261	+	sold during the period of suspension or revocation and the reasons for 201
	262	+	such suspension or revocation. Any sale of an electronic nicotine 202
	263	+	delivery system or vapor product by such business entity during the 203
	264	+	period of such suspension or revocation shall be deemed an additional 204
	265	+	violation of this section. 205 Raised Bill No. 367
264	266
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269	271
270		-	~~twenty-four months~~ after ~~the date of the first violation. 208~~
271		-	(3) ~~For~~ a ~~third violation on or before twenty-four months after the 209~~
272		-	~~date of the first violation~~, ~~[said commissioner]~~ ~~the Commissioner of 210~~
273		-	~~Revenue Services shall assess such dealer~~ or ~~distributor a civil penalty 211~~
274		-	~~of [one] two thousand dollars and suspend~~ any ~~license held by~~ such ~~212~~
275		-	~~dealer~~ or ~~distributor under this chapter for not less than thirty days. 213~~
276		-	~~(4) For~~ a ~~fourth violation on or before twenty-four months after the 214~~
277		-	~~date of the first violation,~~ ~~[said commissioner]~~ ~~the Commissioner of 215~~
278		-	~~Revenue Services shall assess such dealer~~ or ~~distributor a civil penalty 216~~
279		-	~~of [one] two thousand dollars and revoke any license issued to such 217~~
280		-	~~dealer or distributor under this chapter.~~ ~~Said commissioner shall order 218~~
281		-	~~such distributor or dealer to conspicuously post a notice in a public 219~~
282		-	~~place within such distributor's or dealer's establishment stating that 220~~
283		-	~~cigarettes and tobacco products cannot be sold during~~ the ~~period~~ of ~~such 221~~
284		-	~~suspension or revocation and the reasons for such suspension or 222~~
285		-	~~revocation. Any sale~~ of ~~cigarettes or a tobacco product by such dealer or 223~~
286		-	~~distributor during such suspension or revocation shall be deemed an 224~~
287		-	~~additional violation~~ of ~~this subsection.~~ ~~225~~
288		-	~~(c) (1) If the Commissioner~~ of ~~Revenue Services finds,~~ ~~after~~ a ~~hearing, 226~~
289		-	~~that any owner~~ of ~~an establishment in which a cigarette vending 227~~
290		-	~~machine or restricted cigarette vending machine is located has sold, 228~~
291		-	~~given~~ or ~~delivered cigarettes or tobacco products from any such 229~~
292		-	~~machine to a person under twenty-one years~~ of ~~age other than a person 230~~
293		-	~~under twenty-one~~ ~~years~~ of ~~age who is delivering or accepting delivery 231~~
294		-	~~in such person's capacity as an employee,~~ ~~or has allowed cigarettes or 232~~
295		-	~~tobacco products to be sold,~~ ~~given or delivered to~~ such ~~person from any 233~~
296		-	~~such machine, said commissioner~~ shall ~~require such owner,~~ for ~~the first 234~~
297		-	violation~~, to successfully complete an online tobacco prevention 235~~
298		-	~~education program administered by~~ the ~~Department~~ of ~~Mental Health 236~~
299		-	and ~~Addiction Services not later than thirty days after said 237~~
300		-	~~commissioner's finding. [Said commissioner]~~ The Commissioner of ~~238~~
301		-	~~Revenue Services~~ shall ~~assess any owner who fails to complete such 239~~
302		-	~~program a civil penalty~~ of ~~[five hundred]~~ ~~one thousand dollars.~~ ~~[Said 240 Substitute~~ Bill No. 367
	272	+	(f) (1) If the Commissioner of Revenue Services finds, after a hearing 206
	273	+	pursuant to subsection (c) of this section, that (A) any business entity 207
	274	+	issued a dealer registration under section 21a-415, as amended by this 208
	275	+	act, has sold, given or delivered any flavored electronic nicotine delivery 209
	276	+	system or vapor product, or (B) any such business entity does not 210
	277	+	possess documentation of nicotine content or nicotine content that 211
	278	+	indicates a level of nicotine that is greater than thirty-five milligrams per 212
	279	+	milliliter for any electronic nicotine delivery system or vapor product 213
	280	+	sold, given or delivered within the retail establishment of the business 214
	281	+	entity, the commissioner shall, for the first violation, require the 215
	282	+	authorized owner of such business entity to successfully complete an 216
	283	+	online prevention education program administered by the Department 217
	284	+	of Mental Health and Addiction Services not later than thirty days after 218
	285	+	said commissioner's finding. The Commissioner of Revenue Services 219
	286	+	shall assess any business entity issued a dealer registration, whose 220
	287	+	authorized owner fails to complete such program, a civil penalty of six 221
	288	+	hundred dollars for the first violation. 222
	289	+	(2) The Commissioner of Revenue Services shall assess such business 223
	290	+	entity a civil penalty of one thousand five hundred dollars for a second 224
	291	+	violation on or before twenty-four months after the date of the first 225
	292	+	violation. 226
	293	+	(3) For a third violation by such business entity on or before twenty-227
	294	+	four months after the date of the first violation, the Commissioner of 228
	295	+	Revenue Services shall assess such business entity a civil penalty of two 229
	296	+	thousand dollars and notify the Commissioner of Consumer Protection 230
	297	+	that the dealer registration held by such business entity under this 231
	298	+	chapter shall be suspended for not less than thirty days. 232
	299	+	(4) For a fourth violation on or before twenty-four months after the 233
	300	+	date of the first violation, the Commissioner of Revenue Services shall 234
	301	+	assess such business entity a civil penalty of two thousand dollars and 235
	302	+	notify the Commissioner of Consumer Protection that the dealer 236
	303	+	registration held by such business entity under this chapter shall be 237
	304	+	revoked. The Commissioner of Revenue Services shall order such 238 Raised Bill No. 367
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309		-	commissioner] 241
310		-	(2) The Commissioner of Revenue Services shall assess [any] such 242
311		-	owner a civil penalty of [seven hundred fifty] one thousand five 243
312		-	hundred dollars for a second violation on or before twenty-four months 244
313		-	after the date of the first violation. 245
314		-	(3) For a third violation on or before twenty-four months after the 246
315		-	date of the first violation, [said commissioner] the Commissioner of 247
316		-	Revenue Services shall assess such owner a civil penalty of [one] two 248
317		-	thousand dollars and immediately remove any such machine from such 249
318		-	establishment and no such machine may be placed in such 250
319		-	establishment for a period of one year following such removal. 251
320		-	(d) Any person aggrieved by any action of the [commissioner] 252
321		-	Commissioner of Revenue Services pursuant to this section may take 253
322		-	any appeal of such action as provided in sections 12-311 and 12-312. 254
323		-	Sec. 5. Subsection (b) of section 53-344 of the general statutes is 255
324		-	repealed and the following is substituted in lieu thereof (Effective January 256
325		-	1, 2023): 257
326		-	(b) Any person who sells, gives or delivers to any person under 258
327		-	twenty-one years of age cigarettes or a tobacco product shall be fined 259
328		-	not more than [three] six hundred dollars for the first offense, not more 260
329		-	than [seven hundred fifty] one thousand five hundred dollars for a 261
330		-	second offense on or before twenty-four months after the date of the first 262
331		-	offense and not more than [one] two thousand dollars for each 263
332		-	subsequent offense on or before twenty-four months after the date of the 264
333		-	first offense. The provisions of this subsection shall not apply to a person 265
	311	+	business entity to conspicuously post a notice in a public place stating 239
	312	+	that electronic nicotine delivery systems and vapor products cannot be 240
	313	+	sold during the period of suspension or revocation and the reasons for 241
	314	+	such suspension or revocation. Any sale of an electronic nicotine 242
	315	+	delivery system or vapor product by such business entity during the 243
	316	+	period of such suspension or revocation shall be deemed an additional 244
	317	+	violation of this section. 245
	318	+	[(f)] (g) Upon receipt of notice of determination from the 246
	319	+	Commissioner of Revenue Services made under subsection (e) or (f) of 247
	320	+	this section, the Commissioner of Consumer Protection shall suspend or 248
	321	+	revoke the dealer registration of the business entity that is the subject of 249
	322	+	said determination. The Commissioner of Consumer Protection shall 250
	323	+	not be required to hold a hearing in connection with any notice of 251
	324	+	determination received from the Commissioner of Revenue Services 252
	325	+	under this section. 253
	326	+	[(g)] (h) The Commissioner of Consumer Protection shall not issue a 254
	327	+	new dealer registration to a former registrant whose dealer registration 255
	328	+	was revoked unless the commissioner is satisfied that such business 256
	329	+	entity that holds a dealer registration will comply with the provisions of 257
	330	+	this chapter and any regulations related thereto, and section 53-344b, as 258
	331	+	amended by this act. 259
	332	+	Sec. 4. Section 12-295a of the general statutes is repealed and the 260
	333	+	following is substituted in lieu thereof (Effective January 1, 2023): 261
	334	+	(a) If the Commissioner of Revenue Services finds, after a hearing, 262
	335	+	that any person employed by a dealer or distributor, as defined in 263
	336	+	section 12-285, has sold, given or delivered cigarettes or tobacco 264
	337	+	products to a person under twenty-one years of age other than a person 265
334	338		under twenty-one years of age who is delivering or accepting delivery 266
335		-	of cigarettes or a tobacco product (1) in such person's capacity as an 267
336		-	employee, or (2) as part of a scientific study being conducted by an 268
337		-	organization for the purpose of medical research to further efforts in 269
338		-	cigarette and tobacco product use prevention and cessation, provided 270
339		-	such medical research has been approved by the organization's 271 Substitute Bill No. 367
	339	+	in such person's capacity as an employee, said commissioner shall, for 267
	340	+	the first violation, require such person to successfully complete an 268
	341	+	online tobacco prevention education program administered by the 269
	342	+	Department of Mental Health and Addiction Services not later than 270 Raised Bill No. 367
340	343
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345	348
346		-	institutional review board, as defined in section 21a-408. 272
347		-	Sec. 6. Subsection (b) of section 53-344b of the general statutes is 273
348		-	repealed and the following is substituted in lieu thereof (Effective January 274
349		-	1, 2023): 275
350		-	(b) Any person who sells, gives or delivers to any person under 276
351		-	twenty-one years of age an electronic nicotine delivery system or vapor 277
352		-	product in any form shall be fined not more than [three] six hundred 278
353		-	dollars for the first offense, not more than [seven hundred fifty] one 279
354		-	thousand five hundred dollars for a second offense on or before twenty-280
355		-	four months after the date of the first offense and not more than [one] 281
356		-	two thousand dollars for each subsequent offense on or before twenty-282
357		-	four months after the date of the first offense. The provisions of this 283
358		-	subsection shall not apply to a person under twenty-one years of age 284
359		-	who is delivering or accepting delivery of an electronic nicotine delivery 285
360		-	system or vapor product (1) in such person's capacity as an employee, 286
361		-	or (2) as part of a scientific study being conducted by an organization 287
362		-	for the purpose of medical research to further efforts in tobacco use 288
363		-	prevention and cessation, provided such medical research has been 289
364		-	approved by the organization's institutional review board, as defined in 290
365		-	section 21a-408.291
	349	+	thirty days after said commissioner's finding. [Said commissioner] The 271
	350	+	Commissioner of Revenue Services shall assess any person who fails to 272
	351	+	complete such program a civil penalty of [two] four hundred dollars. 273
	352	+	Said commissioner shall assess any person employed by a dealer or 274
	353	+	distributor a civil penalty of [two hundred fifty] five hundred dollars 275
	354	+	for a second or subsequent violation on or before twenty-four months 276
	355	+	after the date of the first violation. 277
	356	+	(b) (1) If the Commissioner of Revenue Services finds, after a hearing, 278
	357	+	that any dealer or distributor has sold, given or delivered cigarettes or a 279
	358	+	tobacco product to a person under twenty-one years of age other than a 280
	359	+	person under twenty-one years of age who is delivering or accepting 281
	360	+	delivery in such person's capacity as an employee, or such dealer or 282
	361	+	distributor's employee has sold, given or delivered cigarettes or a 283
	362	+	tobacco product to such person, said commissioner shall require such 284
	363	+	dealer or distributor, for the first violation, to successfully complete an 285
	364	+	online tobacco prevention education program administered by the 286
	365	+	Department of Mental Health and Addiction Services not later than 287
	366	+	thirty days after said commissioner's finding. [Said commissioner] The 288
	367	+	Commissioner of Revenue Services shall assess any dealer or distributor 289
	368	+	who fails to complete such program a civil penalty of [three] six 290
	369	+	hundred dollars. [Said commissioner] 291
	370	+	(2) The Commissioner of Revenue Services shall assess [any] such 292
	371	+	dealer or distributor a civil penalty of [seven hundred fifty] one 293
	372	+	thousand five hundred dollars for a second violation on or before 294
	373	+	twenty-four months after the date of the first violation. 295
	374	+	(3) For a third violation on or before twenty-four months after the 296
	375	+	date of the first violation, [said commissioner] the Commissioner of 297
	376	+	Revenue Services shall assess such dealer or distributor a civil penalty 298
	377	+	of [one] two thousand dollars and suspend any license held by such 299
	378	+	dealer or distributor under this chapter for not less than thirty days. 300
	379	+	(4) For a fourth violation on or before twenty-four months after the 301
	380	+	date of the first violation, [said commissioner] the Commissioner of 302 Raised Bill No. 367
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	387	+	Revenue Services shall assess such dealer or distributor a civil penalty 303
	388	+	of [one] two thousand dollars and revoke any license issued to such 304
	389	+	dealer or distributor under this chapter. Said commissioner shall order 305
	390	+	such distributor or dealer to conspicuously post a notice in a public 306
	391	+	place within such distributor's or dealer's establishment stating that 307
	392	+	cigarettes and tobacco products cannot be sold during the period of such 308
	393	+	suspension or revocation and the reasons for such suspension or 309
	394	+	revocation. Any sale of cigarettes or a tobacco product by such dealer or 310
	395	+	distributor during such suspension or revocation shall be deemed an 311
	396	+	additional violation of this subsection. 312
	397	+	(c) (1) If the Commissioner of Revenue Services finds, after a hearing, 313
	398	+	that any owner of an establishment in which a cigarette vending 314
	399	+	machine or restricted cigarette vending machine is located has sold, 315
	400	+	given or delivered cigarettes or tobacco products from any such 316
	401	+	machine to a person under twenty-one years of age other than a person 317
	402	+	under twenty-one years of age who is delivering or accepting delivery 318
	403	+	in such person's capacity as an employee, or has allowed cigarettes or 319
	404	+	tobacco products to be sold, given or delivered to such person from any 320
	405	+	such machine, said commissioner shall require such owner, for the first 321
	406	+	violation, to successfully complete an online tobacco prevention 322
	407	+	education program administered by the Department of Mental Health 323
	408	+	and Addiction Services not later than thirty days after said 324
	409	+	commissioner's finding. [Said commissioner] The Commissioner of 325
	410	+	Revenue Services shall assess any owner who fails to complete such 326
	411	+	program a civil penalty of [five hundred] one thousand dollars. [Said 327
	412	+	commissioner] 328
	413	+	(2) The Commissioner of Revenue Services shall assess [any] such 329
	414	+	owner a civil penalty of [seven hundred fifty] one thousand five 330
	415	+	hundred dollars for a second violation on or before twenty-four months 331
	416	+	after the date of the first violation. 332
	417	+	(3) For a third violation on or before twenty-four months after the 333
	418	+	date of the first violation, [said commissioner] the Commissioner of 334
	419	+	Revenue Services shall assess such owner a civil penalty of [one] two 335 Raised Bill No. 367
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	426	+	thousand dollars and immediately remove any such machine from such 336
	427	+	establishment and no such machine may be placed in such 337
	428	+	establishment for a period of one year following such removal. 338
	429	+	(d) Any person aggrieved by any action of the [commissioner] 339
	430	+	Commissioner of Revenue Services pursuant to this section may take 340
	431	+	any appeal of such action as provided in sections 12-311 and 12-312. 341
	432	+	Sec. 5. Subsection (b) of section 53-344 of the general statutes is 342
	433	+	repealed and the following is substituted in lieu thereof (Effective January 343
	434	+	1, 2023): 344
	435	+	(b) Any person who sells, gives or delivers to any person under 345
	436	+	twenty-one years of age cigarettes or a tobacco product shall be fined 346
	437	+	not more than [three] six hundred dollars for the first offense, not more 347
	438	+	than [seven hundred fifty] one thousand five hundred dollars for a 348
	439	+	second offense on or before twenty-four months after the date of the first 349
	440	+	offense and not more than [one] two thousand dollars for each 350
	441	+	subsequent offense on or before twenty-four months after the date of the 351
	442	+	first offense. The provisions of this subsection shall not apply to a person 352
	443	+	under twenty-one years of age who is delivering or accepting delivery 353
	444	+	of cigarettes or a tobacco product (1) in such person's capacity as an 354
	445	+	employee, or (2) as part of a scientific study being conducted by an 355
	446	+	organization for the purpose of medical research to further efforts in 356
	447	+	cigarette and tobacco product use prevention and cessation, provided 357
	448	+	such medical research has been approved by the organization's 358
	449	+	institutional review board, as defined in section 21a-408. 359
	450	+	Sec. 6. Subsection (b) of section 53-344b of the general statutes is 360
	451	+	repealed and the following is substituted in lieu thereof (Effective January 361
	452	+	1, 2023): 362
	453	+	(b) Any person who sells, gives or delivers to any person under 363
	454	+	twenty-one years of age an electronic nicotine delivery system or vapor 364
	455	+	product in any form shall be fined not more than [three] six hundred 365
	456	+	dollars for the first offense, not more than [seven hundred fifty] one 366 Raised Bill No. 367
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	463	+	thousand five hundred dollars for a second offense on or before twenty-367
	464	+	four months after the date of the first offense and not more than [one] 368
	465	+	two thousand dollars for each subsequent offense on or before twenty-369
	466	+	four months after the date of the first offense. The provisions of this 370
	467	+	subsection shall not apply to a person under twenty-one years of age 371
	468	+	who is delivering or accepting delivery of an electronic nicotine delivery 372
	469	+	system or vapor product (1) in such person's capacity as an employee, 373
	470	+	or (2) as part of a scientific study being conducted by an organization 374
	471	+	for the purpose of medical research to further efforts in tobacco use 375
	472	+	prevention and cessation, provided such medical research has been 376
	473	+	approved by the organization's institutional review board, as defined in 377
	474	+	section 21a-408. 378
366	475		This act shall take effect as follows and shall amend the following
367	476		sections:
368	477
369	478		Section 1 January 1, 2023 21a-415(a)
370	479		Sec. 2 January 1, 2023 New section
371	480		Sec. 3 January 1, 2023 21a-415b
372	481		Sec. 4 January 1, 2023 12-295a
373	482		Sec. 5 January 1, 2023 53-344(b)
374	483		Sec. 6 January 1, 2023 53-344b(b)
375	484
376		-	FIN Joint Favorable Subst.
	485	+
	486	+
	487	+
	488	+	PH Joint Favorable
377	489