Connecticut Seal

General Assembly

 

Raised Bill No. 5286

February Session, 2014

 

LCO No. 1334

 

*01334_______PH_*

Referred to Committee on PUBLIC HEALTH

 

Introduced by:

 

(PH)

 

AN ACT REQUIRING LABELING OF ELECTRONIC CIGARETTES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2014) (a) For purposes of this section:

(1) "Electronic nicotine delivery system" means an electronic device that may be used to simulate smoking by delivering nicotine or other substance to a person inhaling from the device and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe, and any related device and any cartridge or other component of such device;

(2) "Label" means a display of written, printed or graphic matter upon the immediate container of an electronic nicotine delivery system;

(3) "Person" includes any individual, partnership, corporation, limited liability company or association;

(4) "Retailer" means a person who owns or operates a business that sells electronic nicotine delivery systems in the state by any means to a consumer; and

(5) "Sale" or "sell" means any and every sale and includes (A) manufacturing, processing, packing or any other production, preparation or putting up; (B) exposure, offer or any other proffer; (C) holding, storing or any other possessing; and (D) dispensing, giving, delivering, serving or any other supplying.

(b) (1) No person shall manufacture, package, sell, offer to sell, distribute, or import for sale or distribution within the state any electronic nicotine delivery system, the package of which fails to bear a label stating the contents and nicotine yield of such electronic nicotine delivery system.

(2) Such label shall be located on the front of the package containing an electronic nicotine delivery system underneath any cellophane or other clear wrapping. The text of the label statement shall be in conspicuous and legible seventeen point type, unless the text of the label statement would occupy more than seventy per cent of the front of the package, in which case the text may be in a smaller conspicuous and legible type size, provided at least sixty per cent of the front of the package is occupied by required text. The text shall be black on a white background, or white on a black background, in a manner that contrasts, by typography, layout or color, with all other printed material on the package and shall be legible through the package's cellophane or other clear wrapping.

(c) Any person selling, offering for sale or distributing in this state any electronic nicotine delivery system required to be labeled as provided in this section shall be responsible for ensuring that such electronic nicotine delivery system is so labeled, except a retailer of electronic nicotine delivery systems shall not be in violation of this subsection for packaging that: (1) Contains a label listing the purported contents and nicotine yield; (2) is supplied to the retailer by a manufacturer, importer or distributor of electronic nicotine delivery systems; and (3) is not altered by the retailer in a way that is material to the requirements of this section.

(d) The provisions of this section shall be enforced by the Commissioner of Consumer Protection.

(e) Any person who knowingly violates any provision of this section shall be liable for a civil penalty not to exceed one thousand dollars per day, per product. Calculation of such civil penalty shall not be made or multiplied by the number of individual packages of the same product displayed or offered for retail sale. Civil penalties assessed under this section shall accrue and be assessed per each uniquely named, designated or marketed product.

(f) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement and enforce the provisions of this section.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

New section

Statement of Purpose:

To require the labeling of electronic cigarettes and similar devices.

[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.]