Maryland 2022 Regular Session

Maryland House Bill HB1227 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1227
6	6
7	7	HOUSE BILL 1227
8	8	C2, J1, E1 2lr2938
9	9
10	10	By: Delegates Hill and Ruth
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Regulation of Tobacco Products – Synthetic Nicotine 2
19	19
20	20	FOR the purpose of specifying in provisions of law governing the regulation of tobacco 3
21	21	products in the State that a “tobacco product” includes certain products that are 4
22	22	made of, derived from, or contain nicotine from any source, including synthetic 5
23	23	nicotine; and generally relating to the regulation of tobacco products in the State. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Business Regulation 8
27	27	Section 16–3A–01(c) and 16.5–101(j) 9
28	28	Annotated Code of Maryland 10
29	29	(2015 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Criminal Law 13
33	33	Section 10–101(d) 14
34	34	Annotated Code of Maryland 15
35	35	(2021 Replacement Volume and 2021 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Health – General 18
39	39	Section 13–1001(u) and 24–307 19
40	40	Annotated Code of Maryland 20
41	41	(2019 Replacement Volume and 2021 Supplement) 21
42	42
43	43	BY repealing and reenacting, with amendments, 22
44	44	Article – Local Government 23
45	45	Section 1–1201(c) 24
46	46	Annotated Code of Maryland 25
47	47	(2013 Volume and 2021 Supplement) 26
48	48	2 HOUSE BILL 1227
49	49
50	50
51	51	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52	52	That the Laws of Maryland read as follows: 2
53	53
54	54	Article – Business Regulation 3
55	55
56	56	16–3A–01. 4
57	57
58	58	(c) (1) “Tobacco product” means any product that is: 5
59	59
60	60	(i) intended for human inhalation, absorption, ingestion, smoking, 6
61	61	heating, chewing, dissolving, or any other manner of consumption that is made of, derived 7
62	62	from, or contains: 8
63	63
64	64	1. tobacco; or 9
65	65
66	66	2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 10
67	67	NICOTINE; or 11
68	68
69	69	(ii) an accessory or a component used in any manner of consumption 12
70	70	of a product described in item (i) of this paragraph. 13
71	71
72	72	(2) “Tobacco product” includes: 14
73	73
74	74	(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 15
75	75
76	76	(ii) electronic smoking devices; and 16
77	77
78	78	(iii) filters, rolling papers, pipes, and liquids used in electronic 17
79	79	smoking devices regardless of nicotine content. 18
80	80
81	81	(3) “Tobacco product” does not include a drug, device, or combination 19
82	82	product authorized for sale by the U.S. Food and Drug Administration under the Federal 20
83	83	Food, Drug, and Cosmetic Act. 21
84	84
85	85	16.5–101. 22
86	86
87	87	(j) (1) “Other tobacco products” means, except as provided in paragraph (3) of 23
88	88	this subsection, a product that is: 24
89	89
90	90	(i) intended for human consumption or likely to be consumed, 25
91	91	whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested in any other 26
92	92	manner, and that is made of or derived from, or that contains: 27
93	93
94	94	1. tobacco; or 28
95	95
96	96	2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 29
97	97	NICOTINE; or 30 HOUSE BILL 1227 3
98	98
99	99
100	100
101	101	(ii) a component or part used in a consumable product described 1
102	102	under item (i) of this paragraph. 2
103	103
104	104	(2) “Other tobacco products” includes: 3
105	105
106	106	(i) cigars, premium cigars, pipe tobacco, chewing tobacco, snuff, and 4
107	107	snus; and 5
108	108
109	109	(ii) filters, rolling papers, pipes, and hookahs. 6
110	110
111	111	(3) “Other tobacco products” does not include: 7
112	112
113	113	(i) cigarettes; 8
114	114
115	115	(ii) electronic smoking devices; 9
116	116
117	117	(iii) drugs, devices, or combination products authorized for sale by 10
118	118	the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; 11
119	119	or 12
120	120
121	121	(iv) tobacco pipes, as defined under § 11–104 of the Tax – General 13
122	122	Article. 14
123	123
124	124	Article – Criminal Law 15
125	125
126	126	10–101. 16
127	127
128	128	(d) (1) “Tobacco product” means a product that is: 17
129	129
130	130	(i) intended for human inhalation, absorption, ingestion, smoking, 18
131	131	heating, chewing, dissolving, or any other manner of consumption that is made of, derived 19
132	132	from, or contains: 20
133	133
134	134	1. tobacco; or 21
135	135
136	136	2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETI C 22
137	137	NICOTINE; or 23
138	138
139	139	(ii) an accessory or a component used in any manner of consumption 24
140	140	of a product described in item (i) of this paragraph. 25
141	141
142	142	(2) “Tobacco product” includes: 26
143	143
144	144	(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 27
145	145
146	146	(ii) electronic smoking devices; and 28 4 HOUSE BILL 1227
147	147
148	148
149	149
150	150	(iii) filters, rolling papers, pipes, and liquids used in electronic 1
151	151	smoking devices regardless of nicotine content. 2
152	152
153	153	(3) “Tobacco product” does not include a drug, device, or combination 3
154	154	product authorized for sale by the U.S. Food and Drug Administration under the Federal 4
155	155	Food, Drug, and Cosmetic Act. 5
156	156
157	157	Article – Health – General 6
158	158
159	159	13–1001. 7
160	160
161	161	(u) (1) “Tobacco product” means any product that is: 8
162	162
163	163	(i) Intended for human inhalation, absorption, ingestion, smoking, 9
164	164	heating, chewing, dissolving, or any other manner of consumption that is made of, derived 10
165	165	from, or contains: 11
166	166
167	167	1. Tobacco; or 12
168	168
169	169	2. Nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 13
170	170	NICOTINE; or 14
171	171
172	172	(ii) An accessory or component used in any manner of consumption 15
173	173	of a product described in item (i) of this paragraph. 16
174	174
175	175	(2) “Tobacco product” includes: 17
176	176
177	177	(i) Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 18
178	178
179	179	(ii) Electronic smoking devices; and 19
180	180
181	181	(iii) Filters, rolling papers, pipes, and liquids used in electronic 20
182	182	smoking devices regardless of nicotine content. 21
183	183
184	184	(3) “Tobacco product” does not include a drug, device, or combination 22
185	185	product authorized for sale by the U.S. Food and Drug Administration under the Federal 23
186	186	Food, Drug, and Cosmetic Act. 24
187	187
188	188	24–307. 25
189	189
190	190	(A) IN THIS SECTION, “TOBACCO PRODUCT ” HAS THE MEANING STAT ED IN § 26
191	191	13–1001 OF THIS ARTICLE. 27
192	192
193	193	[(a)] (B) (1) This section does not apply to the distribution of a coupon that is 28
194	194	redeemable for a tobacco product if the coupon is: 29
195	195	HOUSE BILL 1227 5
196	196
197	197
198	198	(i) Contained in a newspaper, a magazine, or any other type of 1
199	199	publication in which the coupon is incidental to the primary purpose of the publication; or 2
200	200
201	201	(ii) Sent through the mail. 3
202	202
203	203	(2) This section does not apply to the distribution of a tobacco product or 4
204	204	tobacco paraphernalia to: 5
205	205
206	206	(i) An individual under the age of 21 years who is acting solely as 6
207	207	the agent of the individual’s employer if the employer distributes tobacco products or 7
208	208	tobacco paraphernalia for commercial purposes; or 8
209	209
210	210	(ii) A purchaser or recipient who: 9
211	211
212	212	1. Is at least 18 years of age; 10
213	213
214	214	2. Is an active duty member of the military; and 11
215	215
216	216	3. Presents a valid military identification. 12
217	217
218	218	[(b)] (C) A person who distributes tobacco products for commercial purposes, 13
219	219	including a person licensed under Title 16 of the Business Regulation Article, may not 14
220	220	distribute to an individual under the age of 21 years: 15
221	221
222	222	(1) A tobacco product; 16
223	223
224	224	(2) Tobacco paraphernalia; or 17
225	225
226	226	(3) A coupon redeemable for a tobacco product. 18
227	227
228	228	[(c)] (D) (1) A person who violates subsection [(b)] (C) of this section is 19
229	229	subject to a civil penalty not exceeding: 20
230	230
231	231	(i) $300 for a first violation; 21
232	232
233	233	(ii) $1,000 for a second violation occurring within 24 months after 22
234	234	the first violation; and 23
235	235
236	236	(iii) $3,000 for each subsequent violation occurring within 24 months 24
237	237	after the preceding violation. 25
238	238
239	239	(2) The local health departments shall report violations of subsection (b) of 26
240	240	this section to the Comptroller’s Office. 27
241	241
242	242	(3) Issuance of a civil citation for a violation of this section precludes 28
243	243	prosecution under § 10–107 of the Criminal Law Article arising out of the same violation. 29
244	244	6 HOUSE BILL 1227
245	245
246	246
247	247	(4) If a violation is committed by a person acting on behalf of a retailer, the 1
248	248	civil penalty imposed under paragraph (1) of this subsection shall be paid by the retailer. 2
249	249
250	250	[(d)] (E) In a prosecution for a violation of subsection [(b)] (C) of this section, it 3
251	251	is a defense that the defendant examined the purchaser’s or recipient’s driver’s license or 4
252	252	other valid identification issued by a governmental unit that positively identified the 5
253	253	purchaser or recipient as at least 21 years old or as at least 18 years of age and an active 6
254	254	duty member of the military. 7
255	255
256	256	[(e)] (F) (1) In this subsection, “designee” means a retired sworn law 8
257	257	enforcement officer employed by a county health officer or an employee of a local health 9
258	258	department trained in civil enforcement. 10
259	259
260	260	(2) A sworn law enforcement officer, a county health officer, or a designee 11
261	261	of a county health officer may issue a civil citation for a violation of subsection [(b)] (C) of 12
262	262	this section. 13
263	263
264	264	(3) A citation issued under this subsection shall include: 14
265	265
266	266	(i) The name and address of the person charged; 15
267	267
268	268	(ii) The nature of the violation; 16
269	269
270	270	(iii) The location and time of the violation; 17
271	271
272	272	(iv) The amount of the civil penalty; 18
273	273
274	274	(v) The manner, location, and time in which the civil penalty may be 19
275	275	paid; 20
276	276
277	277	(vi) A notice stating the person’s right to elect to stand trial for the 21
278	278	violation; and 22
279	279
280	280	(vii) A warning that failure to pay the civil penalty or to contest 23
281	281	liability in a timely manner in accordance with the citation: 24
282	282
283	283	1. Is an admission of liability; and 25
284	284
285	285	2. May result in entry of a default judgment that may include 26
286	286	the civil penalty, court costs, and administrative expenses. 27
287	287
288	288	(4) The county health officer or designee shall retain a copy of the citation 28
289	289	issued under this subsection. 29
290	290
291	291	(5) (i) A person who receives a citation from a county health officer or 30
292	292	designee under this subsection may elect to stand trial for the violation by filing a notice of 31
293	293	intention to stand trial with the county health officer or designee at least 5 days before the 32 HOUSE BILL 1227 7
294	294
295	295
296	296	date set in the citation for the payment of the civil penalty. 1
297	297
298	298	(ii) After receiving a notice of intention to stand trial under 2
299	299	subparagraph (i) of this paragraph, the county health officer or designee shall forward the 3
300	300	notice and a copy of the citation to the District Court. 4
301	301
302	302	(6) (i) After receiving a citation and notice under this subsection, the 5
303	303	District Court shall schedule the case for trial and notify the defendant of the trial date. 6
304	304
305	305	(ii) In a proceeding before the District Court, a violation of 7
306	306	subsection [(b)] (C) of this section shall be handled in the same manner as a municipal 8
307	307	infraction under §§ 6–108 through 6–115 of the Local Government Article. 9
308	308
309	309	(7) The District Court shall remit any penalties collected for a violation of 10
310	310	subsection (b) of this section to the county in which the violation occurred. 11
311	311
312	312	(8) Adjudication of a violation of subsection [(b)] (C) of this section is not a 12
313	313	criminal conviction for any purpose. 13
314	314
315	315	[(f)] (G) (1) The Maryland Department of Health, in collaboration and 14
316	316	consultation with the Office of the Comptroller, local health departments, and local law 15
317	317	enforcement agencies, shall develop ongoing strategies for enforcement of §§ 10–107 and 16
318	318	10–108 of the Criminal Law Article. 17
319	319
320	320	(2) On or before October 1 each year, the Department shall report to the 18
321	321	General Assembly, in accordance with § 2–1257 of the State Government Article, on: 19
322	322
323	323	(i) The development of enforcement strategies required under 20
324	324	paragraph (1) of this subsection; and 21
325	325
326	326	(ii) Training and assistance to tobacco retailers to improve 22
327	327	compliance with § 10–107 of the Criminal Law Article. 23
328	328
329	329	Article – Local Government 24
330	330
331	331	1–1201. 25
332	332
333	333	(c) (1) “Tobacco product” means a product that is: 26
334	334
335	335	(i) intended for human inhalation, absorption, ingestion, smoking, 27
336	336	heating, chewing, dissolving, or any other manner of consumption that is made of, derived 28
337	337	from, or contains: 29
338	338
339	339	1. tobacco; or 30
340	340
341	341	2. nicotine FROM ANY SOURCE , INCLUDING SYNTHETIC 31
342	342	NICOTINE; or 32 8 HOUSE BILL 1227
343	343
344	344
345	345
346	346	(ii) an accessory or a component used in any manner of consumption 1
347	347	of a product described in item (i) of this paragraph. 2
348	348
349	349	(2) “Tobacco product” includes: 3
350	350
351	351	(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; 4
352	352
353	353	(ii) electronic smoking devices; and 5
354	354
355	355	(iii) filters, rolling papers, pipes, and liquids used in electronic 6
356	356	smoking devices regardless of nicotine content. 7
357	357
358	358	(3) “Tobacco product” does not include a drug, device, or combination 8
359	359	product authorized for sale by the U.S. Food and Drug Administration under the Federal 9
360	360	Food, Drug, and Cosmetic Act. 10
361	361
362	362	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
363	363	October 1, 2022. 12