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2015 SESSION

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HB 2036 Nicotine Vapor products; prohibits purchase, etc., by minors, packaging, civil penalty.

Introduced by: Bill R. DeSteph, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Purchase of tobacco products, etc., by minors; liquid nicotine packaging; penalty. Provides that no person shall sell or distribute at retail a liquid nicotine container on or after October 1, 2015, unless the container is packaged in child-resistant packaging. The bill allows existing inventory to be sold until January 1, 2016. Any person who violates the child-resistant packaging requirements is guilty of a Class 4 misdemeanor. The bill also provides that any adult may sign for tobacco products, nicotine vapor products, or alternative nicotine products purchased through mail order or the Internet. Current law requires the signature of the purchaser. This bill is identical to SB 1325.

SUMMARY AS PASSED:

Purchase of tobacco products, etc., by minors; liquid nicotine packaging; penalty. Provides that no person shall sell or distribute, or offer for retail sale or distribution, a liquid nicotine container on or after January 1, 2016, unless the liquid nicotine container is packaged in child-resistant packaging and complies with labeling requirements consistent with regulations adopted by the Board of Agriculture and Consumer Services. Any person who violates the child-resistant packaging and labeling requirements is guilty of a Class 4 misdemeanor. The bill also provides that any adult may sign for tobacco products, nicotine vapor products, or alternative nicotine products purchased through mail order or the Internet. Current law requires the signature of the purchaser. This bill is identical to SB 1325.

SUMMARY AS PASSED HOUSE:

Purchase of tobacco products, etc., by minors; liquid nicotine packaging; civil penalty. Provides that no person shall sell or distribute, or offer for retail sale or distribution, a liquid nicotine container on or after December 1, 2015, unless the liquid nicotine container is packaged in child-resistant packaging and complies with labeling requirements consistent with regulations adopted by the Board of Agriculture and Consumer Services. Any person who sells or distributes, or offers for retail sale or distribution, a liquid nicotine container on or after December 1, 2015, in packaging that does not meet the child-resistant packaging and labeling requirements is subject to a civil penalty not to exceed $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation. The bill also provides that any adult may sign for tobacco products, nicotine vapor products, or alternative nicotine products purchased through mail order or the Internet. Current law requires the signature of the purchaser.

SUMMARY AS INTRODUCED:

Purchase, etc., of tobacco products by minors; vapor products; liquid nicotine packaging; civil penalty. Prohibits the sale of vapor products to a minor and the purchase or possession of vapor products by a minor. The bill defines vapor product as a noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other means that can be used to produce vapor from a substance in a solution or other form. Current law prohibits the sale of nicotine vapor products to a minor and the purchase or possession of nicotine vapor products by a minor. The bill also provides that no person shall sell or distribute, or offer for sale or distribution, a liquid nicotine container on or after October 1, 2015, unless the liquid nicotine container is packaged in child-resistant packaging and complies with labeling requirements consistent with regulations adopted by the Board of Agriculture and Consumer Services. The bill requires the Board to adopt regulations establishing standards for child-resistant packaging and labeling requirements no later than September 1, 2015. Any person who sells or distributes, or offers for sale or distribution, a liquid nicotine container on or after October 1, 2015, in packaging that does not meet the child-resistant packaging and labeling requirements is subject to a civil penalty not to exceed $100 for a first violation, $200 for a second violation, and $500 for a third or subsequent violation.