Texas Senate Bill SB2054

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

Impact

If enacted, SB2054 would significantly alter how e-cigarettes and alternative nicotine products are regulated in Texas. The health and safety code would be amended to strengthen requirements surrounding retail sales, especially regarding age restrictions for purchasers. Retailers will face new requirements to remove non-compliant products from their inventory promptly and to validate age for all sales, ensuring that products are only sold to individuals who meet the legal age requirement of 21 years. The potential penalties and fees introduced could lead to reduced availability of some products while aiming to protect the youth from smoking initiation.

Summary

SB2054, also known as the E-Cigarette and Alternative Nicotine Products Regulation Act, focuses on the regulation of the sale and distribution of e-cigarettes and other alternative nicotine products in Texas. The bill mandates the creation of a directory for such products, requiring manufacturers to certify compliance and receive marketing authorization from the FDA. It introduces fees, civil penalties, and criminal offenses for violations, particularly concerning products not included in the directory. The overall goal of this legislation is to ensure a structured approach to regulating these products, encouraging compliance and accountability among manufacturers and retailers.

Sentiment

The sentiment surrounding SB2054 appears to be largely supportive among legislators concerned about public health, especially in light of rising underage vaping rates. Proponents argue that the regulatory framework is necessary to combat the risks associated with e-cigarettes and to better manage the market. Conversely, some dissent may arise from industry representatives who fear that the stringent regulations could stifle competition and innovation in the market for alternative nicotine products.

Contention

A notable point of contention within the discussions of SB2054 is the potential economic impact on small businesses and retailers who sell e-cigarettes and alternative nicotine products. Critics point out that the administrative burdens and penalties associated with maintaining compliance could disproportionately affect smaller retailers compared to larger companies. Additionally, the effectiveness of the proposed directory in preventing underage sales remains to be seen, leading to discussions about whether alternative measures would be more effective.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: 081
  • Section: 082
  • Section: 083
  • Section: 084
  • Section: 085
  • Section: 086
  • Section: 087
  • Section: 088
  • Section: 0901
  • Section: New Section