1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1198
Sponsored by Senators WAGNER, TAYLOR
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes the law for the packaging of vapes to protect the health of minors.
(Flesch Readability Score: 79.5).
Makes it unlawful to distribute, sell or allow to be sold an inhalant delivery system that is
packaged inconsistent with rules adopted by the Oregon Health Authority that are tailored judi-
ciously to the specific purpose of protecting minors from the negative health effects of unlawfully
using inhalant delivery systems.
A BILL FOR AN ACT
Relating to inhalant delivery systems; amending ORS 431A.175.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 431A.175 is amended to read:
431A.175. (1) As used in this section and ORS 431A.183:
(a)(A) “Inhalant delivery system” means:
(i) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aer-
osol to a person inhaling from the device; or
(ii) A component of a device described in this subparagraph or a substance in any form sold for
the purpose of being vaporized or aerosolized by a device described in this subparagraph, whether
the component or substance is sold separately or is not sold separately.
(B) “Inhalant delivery system” does not include:
(i) Any product that has been approved by the United States Food and Drug Administration for
sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed
and sold solely for the approved purpose; and
(ii) Tobacco products.
(b) “Tobacco products” means:
(A) Bidis, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and
other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other
chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco and other
forms of tobacco, prepared in a manner that makes the tobacco suitable for chewing or smoking in
a pipe or otherwise, or for both chewing and smoking;
(B) Cigarettes as defined in ORS 323.010 (1); or
(C) A device that:
(i) Can be used to deliver tobacco products to a person using the device; and
(ii) Has not been approved by the United States Food and Drug Administration for sale as a
tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold
solely for the approved purpose.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4756 SB1198
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
(2) It is unlawful:
(a) To violate ORS 167.755.
(b) To fail as a retailer of tobacco products to post a notice substantially similar to the notice
described in subsection (3) of this section in a location that is clearly visible to the seller and the
purchaser of the tobacco products.
(c) To fail as a retailer of inhalant delivery systems to post a notice in a location that is clearly
visible to the seller and the purchaser of the inhalant delivery systems that it is unlawful to sell
inhalant delivery systems to persons under 21 years of age. The Oregon Health Authority shall
adopt by rule the content of the notice required under this paragraph.
(d) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery
system is not labeled in accordance with rules adopted by the authority.
(e) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery
system is not packaged in child-resistant safety packaging, as required by the authority by rule.
[(f) To distribute, sell or allow to be sold an inhalant delivery system if the inhalant delivery sys-
tem is packaged in a manner that is attractive to minors, as determined by the authority by rule.]
(f) To distribute, sell or allow to be sold an inhalant delivery system that is packaged
inconsistent with rules adopted by the authority that are tailored judiciously to the specific
purpose of protecting minors from the negative health effects of unlawfully using inhalant
deliverysystems.
(g) To distribute, sell or allow to be sold cigarettes in any form other than a sealed package that
contains at least 20 cigarettes.
(3) The notice required by subsection (2)(b) of this section must be substantially as follows:
_______________________________________________________________________________________
NOTICE
The sale of tobacco in any form to persons under 21 years of age is prohibited by law. Any
person who sells, or allows to be sold, tobacco to a person under 21 years of age is in violation of
Oregon law.
_______________________________________________________________________________________
(4) Rules adopted under subsection (2)(d), (e) and (f) of this section must be consistent with any
regulation adopted by the United States Food and Drug Administration related to labeling or pack-
aging requirements for inhalant delivery systems.
[2]