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General Assembly Raised Bill No. 6488
January Session, 2023
LCO No. 3042
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING CIGARETTES, TOBACCO PRODUCTS,
ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR
PRODUCTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 12-285 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) As used in this chapter and section 2 of this act, unless the context 4
otherwise requires: 5
(1) "Person" means any individual, firm, fiduciary, partnership, 6
corporation, limited liability company, trust or association, however 7
formed; 8
(2) "Distributor" means (A) any person in this state engaged in the 9
business of manufacturing cigarettes; (B) any person, other than a 10
buying pool, who purchases cigarettes at wholesale from manufacturers 11
or other distributors for sale to licensed dealers, and who maintains an 12
established place of business, including a location used exclusively for 13 Raised Bill No. 6488
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such business, which has facilities in which a substantial stock of 14
cigarettes and related merchandise for resale can be kept at all times, 15
and who sells at least seventy-five per cent of such cigarettes to retailers 16
who, at no time, shall own any interest in the business of the distributor 17
as a partner, stockholder or trustee; (C) any person operating five or 18
more retail stores in this state for the sale of cigarettes, or franchising 19
five or more retail stores in this state for the sale of cigarettes who shares 20
in the gross profits generated by such stores and who purchases 21
cigarettes at wholesale for sale to dealers but sells such cigarettes 22
exclusively to retail stores such person is operating or franchising; (D) 23
any person operating and servicing twenty-five or more cigarette 24
vending machines in this state who buys such cigarettes at wholesale 25
and sells them exclusively in such vending machines. If a person 26
qualified as a distributor in accordance with this subparagraph, in 27
addition sells cigarettes other than in vending machines, such person 28
shall be required to be qualified as a distributor in accordance with 29
subparagraph (B) of this subdivision and have an additio nal 30
distributor's license for purposes of such other sales; (E) any person who 31
imports into this state unstamped cigarettes, at least seventy-five per 32
cent of which are to be sold to others for resale; and (F) any person 33
operating storage facilities for unstamped cigarettes in this state; 34
(3) "Cigarette vending machine" means a machine used for the 35
purpose of automatically merchandising packaged cigarettes through 36
the insertion of the proper amount of coins therein by the purchaser, but 37
does not mean a restricted cigarette vending machine; 38
(4) "Restricted cigarette vending machine" means a machine used for 39
the dispensing of packaged cigarettes which automatically deactivates 40
after each individual sale, cannot be left operable after a sale and 41
requires, prior to each individual sale, a face-to-face interaction or 42
display of identification between an employee of the area, facility or 43
business where such machine is located and the purchaser; 44
(5) "Dealer" means any person other than a distributor who is 45
engaged in this state in the business of selling cigarettes, including any 46 Raised Bill No. 6488
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person operating and servicing fewer than twenty-five cigarette 47
vending machines, and any person who is engaged in the business of 48
selling taxed tobacco products, as defined in section 12-330a, at retail; 49
(6) "Licensed dealer" means a dealer licensed under the provisions of 50
this chapter; 51
(7) "Stamp" means any stamp authorized to be used under this 52
chapter by the Commissioner of Revenue Services and includes heat-53
applied decals; 54
(8) "Sale" or "sell" means an act done intentionally by any person, 55
whether done as principal, proprietor, agent, servant or employee, of 56
transferring, offering or attempting to transfer, for consideration, 57
including bartering or exchanging, or offering to barter and exchange; 58
(9) "Buying pool" means and includes any combination, corporation, 59
association, affiliation or group of retail dealers operating jointly in the 60
purchase, sale, exchange or barter of cigarettes, the profits from which 61
accrue directly or indirectly to such retail dealers, provided any person 62
holding a distributor's license issued prior to June 29, 1951, shall be 63
deemed to be a distributor within the terms of this section; 64
(10) "Tobacco products" has the same meaning as provided in section 65
12-330a; and 66
(11) "Taxed tobacco products" has the same meaning as provided in 67
section 12-330a. 68
Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 69
"flavored" means imparting a distinguishable taste or aroma, including, 70
but not limited to, tastes or aromas relating to any fruit, chocolate, mint, 71
wintergreen, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, 72
herb or spice, but does not include the taste or aroma of tobacco or 73
menthol. 74
(b) On and after October 1, 2023, no distributor or dealer shall sell, 75
offer for sale, display for sale or possess with intent to sell any flavored 76 Raised Bill No. 6488
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cigarette or flavored tobacco product. No cigarette or tobacco product 77
shall be determined to be flavored solely because of the use of additives 78
or flavoring or the inclusion of ingredient information. A public 79
statement, claim or indicia made or disseminated by the manufacturer 80
of the cigarette or tobacco product, or any person authorized by the 81
manufacturer to make or disseminate public statements concerning 82
such cigarette or tobacco product, that such cigarette or tobacco product 83
has or produces a characterizing flavor shall constitute prima facie 84
evidence that such cigarette or tobacco product is a flavored cigarette or 85
tobacco product. 86
(c) If the Commissioner of Revenue Services finds, after a hearing, 87
that a distributor or dealer knowingly violated any provision of 88
subsection (b) of this section, the commissioner shall assess such 89
distributor or dealer a civil penalty as follows: (1) Three hundred dollars 90
for the first violation; (2) seven hundred fifty dollars for a second 91
violation on or before thirty-six months after the date of the first 92
violation; or (3) one thousand dollars and suspend for not less than 93
thirty days or revoke any license held by such distributor or dealer for a 94
third violation on or before thirty-six months after the date of the first 95
violation. The commissioner shall revoke any license held by such 96
distributor or dealer for a fourth violation on or before thirty-six months 97
after the date of the first violation. 98
Sec. 3. Subsection (a) of section 21a-415 of the general statutes is 99
repealed and the following is substituted in lieu thereof (Effective from 100
passage): 101
(a) As used in this chapter, [and] section 53-344 and section 4 of this 102
act: 103
(1) "Authorized owner" means the owner or authorized designee of a 104
business entity that is applying for a registration or is registered with 105
the Department of Consumer Protection pursuant to this chapter; 106
(2) "Business entity" means any corporation, limited liability 107
company, association, partnership, sole proprietorship, government, 108 Raised Bill No. 6488
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governmental subdivision or agency, business trust, estate, trust or any 109
other legal entity; 110
(3) "Dealer registration" means an electronic nicotine delivery system 111
certificate of dealer registration issued by the Commissioner of 112
Consumer Protection pursuant to this section; 113
(4) "Manufacturer registration" means an electronic nicotine delivery 114
system certificate of manufacturer registration issued by the 115
Commissioner of Consumer Protection pursuant to section 21a-415a to 116
any person who mixes, compounds, repackages or resizes any nicotine-117
containing electronic nicotine delivery system or vapor product; 118
(5) "Electronic cigarette liquid" means a liquid that, when used in an 119
electronic nicotine delivery system or vapor product, produces a vapor 120
that may or may not include nicotine and is inhaled by the user of such 121
electronic nicotine delivery system or vapor product; 122
(6) "Electronic nicotine delivery system" means an electronic device 123
used in the delivery of nicotine or other substances to a person inhaling 124
from the device, and includes, but is not limited to, an electronic 125
cigarette, electronic cigar, electronic cigarillo, electronic pipe or 126
electronic hookah and any related device and any cartridge or other 127
component of such device, including, but not limited to, electronic 128
cigarette liquid; 129
(7) "Vapor product" means any product that employs a heating 130
element, power source, electronic circuit or other electronic, chemical or 131
mechanical means, regardless of shape or size, to produce a vapor that 132
may include nicotine and is inhaled by the user of such product. "Vapor 133
product" does not include a medicinal or therapeutic product that is (A) 134
used by a licensed health care provider to treat a patient in a health care 135
setting, (B) used by a patient, as prescribed or directed by a licensed 136
health care provider in any setting, or (C) any drug or device, as defined 137
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 138
from time to time, any combination product, as described in said act, 21 139
USC 353(g), as amended from time to time, or any biological product, as 140 Raised Bill No. 6488
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described in 42 USC 262, as amended from time to time, and 21 CFR 141
600.3, as amended from time to time, authorized for sale by the United 142
States Food and Drug Administration; 143
(8) "Sale" or "sell" means an act done intentionally by any person, 144
whether done as principal, proprietor, agent, servant or employee, of 145
transferring, or offering or attempting to transfer, for consideration, 146
including bartering or exchanging, or offering to barter or exchange; and 147
(9) "Deliver" or "delivering" means an act done intentionally by any 148
person, whether as principal, proprietor, agent, servant or employee, of 149
transferring, or offering or attempting to transfer, physical possession 150
or control of an electronic nicotine delivery system or vapor product. 151
Sec. 4. (NEW) (Effective from passage) (a) For purposes of this section, 152
"flavored" means imparting a distinguishable taste or aroma imparted 153
either prior to or during the use or consumption of an electronic nicotine 154
delivery system or vapor product, including, but not limited to, tastes 155
or aromas relating to any fruit, chocolate, mint, wintergreen, vanilla, 156
honey, candy, cocoa, dessert, alcoholic beverage, herb or spice, but does 157
not include the taste or aroma of tobacco or menthol. 158
(b) On and after October 1, 2023, no person with a dealer registration 159
issued under section 21a-415 of the general statutes, as amended by this 160
act, shall sell, offer for sale, display for sale or possess with intent to sell 161
any flavored electronic nicotine delivery system or flavored vapor 162
product. No electronic nicotine delivery system or vapor product shall 163
be determined to be flavored solely because of the use of additives or 164
flavoring or the inclusion of ingredient information. A public statement, 165
claim or indicia made or disseminated by the manufacturer of the 166
electronic nicotine delivery system, vapor product or a component part 167
of such system or product that such system, product or component part 168
thereof has or produces a characterizing flavor shall constitute prima 169
facie that such system, product or component part thereof is a flavored 170
electronic nicotine delivery system or flavored vapor product. 171
(c) If the Commissioner of Revenue Services finds, after a hearing, 172 Raised Bill No. 6488
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that any such person knowingly violated any provision of subsection (b) 173
of this section, the commissioner shall assess such person a civil penalty 174
as follows: (1) Three hundred dollars for the first violation; (2) seven 175
hundred fifty dollars for a second violation on or before thirty-six 176
months after the date of the first violation; or (3) one thousand dollars 177
and suspend for not less than thirty days or revoke any dealer 178
registration held by such person for a third violation on or before thirty-179
six months after the date of the first violation. The commissioner shall 180
revoke any dealer registration held by such person for a fourth violation 181
on or before thirty-six months after the date of the first violation. 182
Sec. 5. (NEW) (Effective from passage) (a) As used in this section: (1) 183
"Smoke" or "smoking" means the lighting or carrying of a lighted 184
cigarette, cigar, pipe or similar device; (2) "electronic nicotine delivery 185
system" has the same meaning as provided in section 19a-342a of the 186
general statutes; (3) "vapor product" has the same meaning as provided 187
in said section; and (4) "minor" means an individual who is under 188
eighteen years of age. 189
(b) On and after October 1, 2023, no person shall smoke or use an 190
electronic nicotine delivery system or vapor product in a motor vehicle, 191
as defined in section 14-1 of the general statutes, when a minor is present 192
in such vehicle. 193
(c) Prior to October 1, 2024, any person who violates any provision of 194
subsection (b) of this section shall be issued a verbal warning for such 195
violation. On and after October 1, 2024, any person who violates any 196
provision of subsection (b) of this section shall have committed an 197
infraction. 198
(d) No law enforcement official may stop a motor vehicle solely 199
because a person is or appears to be smoking or using an electronic 200
nicotine delivery system or vapor product in such vehicle when a minor 201
is present in such vehicle. 202
(e) Smoking and the use of an electronic nicotine delivery system or 203
vapor product in a motor vehicle in violation of this section shall not 204 Raised Bill No. 6488
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constitute probable cause for a law enforcement official to conduct a 205
search of such vehicle and its contents. 206
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 12-285(a)
Sec. 2 from passage New section
Sec. 3 from passage 21a-415(a)
Sec. 4 from passage New section
Sec. 5 from passage New section
Statement of Purpose:
To prohibit (1) the sale of flavored cigarettes, tobacco products,
electronic nicotine delivery systems and vapor products, and (2)
smoking and the use of electronic nicotine delivery systems and vapor
products in a motor vehicle while a minor is present in such vehicle.
[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.]