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General Assembly Substitute Bill No. 367
February Session, 2022
AN ACT CONCERNING THE SALE OF ELECTRONIC NICOTINE
DELIVERY SYSTEMS AND VAPOR PRODUCTS AND INCREASING
PENALTIES FOR UNDERAGE SALES OF SUCH SYSTEMS AND
PRODUCTS, CIGARETTES AND TOBACCO PRODUCTS.
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repealed and the following is substituted in lieu thereof (Effective January 2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
Consumer Protection pursuant to this section; 14 Substitute Bill No. 367
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(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
States Food and Drug Administration; 46 Substitute Bill No. 367
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(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) "Adult-only tobacco retail store" means a retail establishment, as 57
defined in section 19a-106a, that holds a dealer registration and 58
prohibits persons under the age of twenty-one from entering such 59
establishment. 60
Sec. 2. (NEW) (Effective January 1, 2023) For the period commencing 61
January 1, 2023, to June 30, 2026, inclusive, no business entity other than 62
an adult-only tobacco retail store or a principal, a proprietor, an agent, 63
a servant or an employee of such tobacco retail store shall sell, give, 64
deliver or possess with intent to sell in this state any electronic nicotine 65
delivery system or vapor product. 66
Sec. 3. Section 21a-415b of the general statutes is repealed and the 67
following is substituted in lieu thereof (Effective January 1, 2023): 68
(a) Each business entity with a dealer registration shall place and 69
maintain in legible condition at each point of sale of electronic nicotine 70
delivery systems or vapor products a notice to consumers that states (1) 71
the sale, giving or delivering of electronic nicotine delivery systems and 72
vapor products to any person under twenty-one years of age is 73
prohibited by section 53-344b, as amended by this act, (2) the use of false 74
identification by a person under twenty-one years of age to purchase an 75
electronic nicotine delivery system or a vapor product is prohibited, and 76
(3) the penalties and fines for violating the provisions of this section and 77 Substitute Bill No. 367
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section 53-344b, as amended by this act. 78
(b) The Commissioner of Mental Health and Addiction Services, or 79
the commissioner's designee, shall conduct unannounced compliance 80
checks on business entities [holding] with a dealer registration by 81
engaging persons between the ages of sixteen and twenty to enter the 82
place of business of each such business entity to attempt to purchase an 83
electronic nicotine delivery system or a vapor product. The 84
commissioner shall conduct unannounced follow-up compliance checks 85
of all noncompliant business entities and shall refer all noncompliant 86
business entities to the Commissioner of Revenue Services. 87
(c) Upon receipt of a referral made pursuant to subsection (b) of this 88
section, the Commissioner of Revenue Services may, following a 89
hearing, impose a civil penalty and direct the Commissioner of 90
Consumer Protection to suspend or revoke the dealer registration of the 91
business entity that is the subject of such referral. The Commissioner of 92
Revenue Services shall provide such business entity with written notice 93
of the hearing, specifying the time and place of such hearing and 94
requiring such business entity to show cause why such dealer 95
registration should not be suspended or revoked. The written notice of 96
the hearing shall be mailed or delivered to such business entity not less 97
than ten days preceding the date of the hearing. Such notice may be 98
served personally or by registered or certified mail. 99
(d) If the Commissioner of Revenue Services finds, after a hearing 100
pursuant to subsection (c) of this section, that any person employed by 101
any business entity issued a dealer registration under section 21a-415, 102
as amended by this act, has sold, given or delivered an electronic 103
nicotine delivery system or vapor product to a person under twenty-one 104
years of age, other than a person under twenty-one years of age who is 105
delivering or accepting delivery in such person's capacity as an 106
employee, said commissioner shall, for the first violation, require such 107
employee to successfully complete an online prevention education 108
program administered by the Department of Mental Health and 109
Addiction Services not later than thirty days after said commissioner's 110 Substitute Bill No. 367
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finding. [Said commissioner] The Commissioner of Revenue Services 111
shall assess any employee who fails to complete such program a civil 112
penalty of [two] four hundred dollars. Said commissioner shall assess 113
any employee a civil penalty of [two hundred fifty] five hundred dollars 114
for a second or subsequent violation on or before twenty-four months 115
after the date of the first violation. 116
(e) (1) If the Commissioner of Revenue Services finds, after a hearing 117
pursuant to subsection (c) of this section, that [(1)] (A) any business 118
entity issued a dealer registration under section 21a-415, as amended by 119
this act, has sold, given or delivered an electronic nicotine delivery 120
system or vapor product to a person under twenty-one years of age, 121
other than a person under twenty-one years of age who is delivering or 122
accepting delivery in such person's capacity as an employee, or [(2)] (B) 123
such person's employee has sold, given or delivered an electronic 124
nicotine delivery system or vapor product to a person under twenty-one 125
years of age, the commissioner shall, for the first violation, require the 126
authorized owner of such business entity to successfully complete an 127
online prevention education program administered by the Department 128
of Mental Health and Addiction Services not later than thirty days after 129
said commissioner's finding. [Said commissioner] The Commissioner of 130
Revenue Services shall assess any business entity issued a dealer 131
registration, whose authorized owner fails to complete such program, a 132
civil penalty of [three] six hundred dollars for the first violation. [Said 133
commissioner] 134
(2) The Commissioner of Revenue Services shall assess such business 135
entity a civil penalty of [seven hundred fifty] one thousand five hundred 136
dollars for a second violation on or before twenty-four months after the 137
date of the first violation. 138
(3) For a third violation by such business entity on or before twenty-139
four months after the date of the first violation, [said commissioner] the 140
Commissioner of Revenue Services shall assess such business entity a 141
civil penalty of [one] two thousand dollars and notify the Commissioner 142
of Consumer Protection that the dealer registration held by such 143 Substitute Bill No. 367
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business entity under this chapter shall be suspended for not less than 144
thirty days. 145
(4) For a fourth violation on or before twenty-four months after the 146
date of the first violation, the Commissioner of Revenue Services shall 147
assess such business entity a civil penalty of [one] two thousand dollars 148
and notify the Commissioner of Consumer Protection that the dealer 149
registration held by such business entity under [said] this chapter shall 150
be revoked. The Commissioner of Revenue Services shall order such 151
business entity to conspicuously post a notice in a public place stating 152
that electronic nicotine delivery systems and vapor products cannot be 153
sold during the period of suspension or revocation and the reasons for 154
such suspension or revocation. Any sale of an electronic nicotine 155
delivery system or vapor product by such business entity during the 156
period of such suspension or revocation shall be deemed an additional 157
violation of this section. 158
(f) Upon receipt of notice of determination from the Commissioner of 159
Revenue Services made under subsection (e) of this section, the 160
Commissioner of Consumer Protection shall suspend or revoke the 161
dealer registration of the business entity that is the subject of said 162
determination. The Commissioner of Consumer Protection shall not be 163
required to hold a hearing in connection with any notice of 164
determination received from the Commissioner of Revenue Services 165
under this section. 166
(g) The Commissioner of Consumer Protection shall not issue a new 167
dealer registration to a former registrant whose dealer registration was 168
revoked unless the commissioner is satisfied that such business entity 169
that holds a dealer registration will comply with the provisions of this 170
chapter and any regulations related thereto, and section 53-344b, as 171
amended by this act. 172
Sec. 4. Section 12-295a of the general statutes is repealed and the 173
following is substituted in lieu thereof (Effective January 1, 2023): 174 Substitute Bill No. 367
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(a) If the Commissioner of Revenue Services finds, after a hearing, 175
that any person employed by a dealer or distributor, as defined in 176
section 12-285, has sold, given or delivered cigarettes or tobacco 177
products to a person under twenty-one years of age other than a person 178
under twenty-one years of age who is delivering or accepting delivery 179
in such person's capacity as an employee, said commissioner shall, for 180
the first violation, require such person to successfully complete an 181
online tobacco prevention education program administered by the 182
Department of Mental Health and Addiction Services not later than 183
thirty days after said commissioner's finding. [Said commissioner] The 184
Commissioner of Revenue Services shall assess any person who fails to 185
complete such program a civil penalty of [two] four hundred dollars. 186
Said commissioner shall assess any person employed by a dealer or 187
distributor a civil penalty of [two hundred fifty] five hundred dollars 188
for a second or subsequent violation on or before twenty-four months 189
after the date of the first violation. 190
(b) (1) If the Commissioner of Revenue Services finds, after a hearing, 191
that any dealer or distributor has sold, given or delivered cigarettes or a 192
tobacco product to a person under twenty-one years of age other than a 193
person under twenty-one years of age who is delivering or accepting 194
delivery in such person's capacity as an employee, or such dealer or 195
distributor's employee has sold, given or delivered cigarettes or a 196
tobacco product to such person, said commissioner shall require such 197
dealer or distributor, for the first violation, to successfully complete an 198
online tobacco prevention education program administered by the 199
Department of Mental Health and Addiction Services not later than 200
thirty days after said commissioner's finding. [Said commissioner] The 201
Commissioner of Revenue Services shall assess any dealer or distributor 202
who fails to complete such program a civil penalty of [three] six 203
hundred dollars. [Said commissioner] 204
(2) The Commissioner of Revenue Services shall assess [any] such 205
dealer or distributor a civil penalty of [seven hundred fifty] one 206
thousand five hundred dollars for a second violation on or before 207 Substitute Bill No. 367
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twenty-four months after the date of the first violation. 208
(3) For a third violation on or before twenty-four months after the 209
date of the first violation, [said commissioner] the Commissioner of 210
Revenue Services shall assess such dealer or distributor a civil penalty 211
of [one] two thousand dollars and suspend any license held by such 212
dealer or distributor under this chapter for not less than thirty days. 213
(4) For a fourth violation on or before twenty-four months after the 214
date of the first violation, [said commissioner] the Commissioner of 215
Revenue Services shall assess such dealer or distributor a civil penalty 216
of [one] two thousand dollars and revoke any license issued to such 217
dealer or distributor under this chapter. Said commissioner shall order 218
such distributor or dealer to conspicuously post a notice in a public 219
place within such distributor's or dealer's establishment stating that 220
cigarettes and tobacco products cannot be sold during the period of such 221
suspension or revocation and the reasons for such suspension or 222
revocation. Any sale of cigarettes or a tobacco product by such dealer or 223
distributor during such suspension or revocation shall be deemed an 224
additional violation of this subsection. 225
(c) (1) If the Commissioner of Revenue Services finds, after a hearing, 226
that any owner of an establishment in which a cigarette vending 227
machine or restricted cigarette vending machine is located has sold, 228
given or delivered cigarettes or tobacco products from any such 229
machine to a person under twenty-one years of age other than a person 230
under twenty-one years of age who is delivering or accepting delivery 231
in such person's capacity as an employee, or has allowed cigarettes or 232
tobacco products to be sold, given or delivered to such person from any 233
such machine, said commissioner shall require such owner, for the first 234
violation, to successfully complete an online tobacco prevention 235
education program administered by the Department of Mental Health 236
and Addiction Services not later than thirty days after said 237
commissioner's finding. [Said commissioner] The Commissioner of 238
Revenue Services shall assess any owner who fails to complete such 239
program a civil penalty of [five hundred] one thousand dollars. [Said 240 Substitute Bill No. 367
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commissioner] 241
(2) The Commissioner of Revenue Services shall assess [any] such 242
owner a civil penalty of [seven hundred fifty] one thousand five 243
hundred dollars for a second violation on or before twenty-four months 244
after the date of the first violation. 245
(3) For a third violation on or before twenty-four months after the 246
date of the first violation, [said commissioner] the Commissioner of 247
Revenue Services shall assess such owner a civil penalty of [one] two 248
thousand dollars and immediately remove any such machine from such 249
establishment and no such machine may be placed in such 250
establishment for a period of one year following such removal. 251
(d) Any person aggrieved by any action of the [commissioner] 252
Commissioner of Revenue Services pursuant to this section may take 253
any appeal of such action as provided in sections 12-311 and 12-312. 254
Sec. 5. Subsection (b) of section 53-344 of the general statutes is 255
repealed and the following is substituted in lieu thereof (Effective January 256
1, 2023): 257
(b) Any person who sells, gives or delivers to any person under 258
twenty-one years of age cigarettes or a tobacco product shall be fined 259
not more than [three] six hundred dollars for the first offense, not more 260
than [seven hundred fifty] one thousand five hundred dollars for a 261
second offense on or before twenty-four months after the date of the first 262
offense and not more than [one] two thousand dollars for each 263
subsequent offense on or before twenty-four months after the date of the 264
first offense. The provisions of this subsection shall not apply to a person 265
under twenty-one years of age who is delivering or accepting delivery 266
of cigarettes or a tobacco product (1) in such person's capacity as an 267
employee, or (2) as part of a scientific study being conducted by an 268
organization for the purpose of medical research to further efforts in 269
cigarette and tobacco product use prevention and cessation, provided 270
such medical research has been approved by the organization's 271 Substitute Bill No. 367
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institutional review board, as defined in section 21a-408. 272
Sec. 6. Subsection (b) of section 53-344b of the general statutes is 273
repealed and the following is substituted in lieu thereof (Effective January 274
1, 2023): 275
(b) Any person who sells, gives or delivers to any person under 276
twenty-one years of age an electronic nicotine delivery system or vapor 277
product in any form shall be fined not more than [three] six hundred 278
dollars for the first offense, not more than [seven hundred fifty] one 279
thousand five hundred dollars for a second offense on or before twenty-280
four months after the date of the first offense and not more than [one] 281
two thousand dollars for each subsequent offense on or before twenty-282
four months after the date of the first offense. The provisions of this 283
subsection shall not apply to a person under twenty-one years of age 284
who is delivering or accepting delivery of an electronic nicotine delivery 285
system or vapor product (1) in such person's capacity as an employee, 286
or (2) as part of a scientific study being conducted by an organization 287
for the purpose of medical research to further efforts in tobacco use 288
prevention and cessation, provided such medical research has been 289
approved by the organization's institutional review board, as defined in 290
section 21a-408.291
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2023 21a-415(a)
Sec. 2 January 1, 2023 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)
FIN Joint Favorable Subst.