Connecticut Seal

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House of Representatives

File No. 671

General Assembly

 

February Session, 2018

(Reprint of File No. 359)

House Bill No. 5293

 

As Amended by House
Amendment Schedule "A"

Approved by the Legislative Commissioner

May 3, 2018

AN ACT CONCERNING THE SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS.

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

Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section:

(1) "Electronic nicotine delivery system" has the same meaning as provided in section 19a-342 of the general statutes.

(2) "Vapor product" has the same meaning as provided in section 19a-342 of the general statutes.

(3) "Retail establishment" has the same meaning as provided in section 19a-106a of the general statutes.

(b) (1) Except as provided in subdivision (3) of this subsection, no retail establishment may sell or offer for sale an electronic nicotine delivery system or a vapor product by any means other than an employee-assisted sale where the customer has no direct access to the electronic nicotine delivery system or vapor product except through the assistance of the employee of such retail establishment.

(2) No retail establishment may sell or offer for sale an electronic nicotine delivery system or a vapor product from a self-service display.

(3) The provisions of subdivisions (1) and (2) of this subsection shall not apply to a retail establishment if minors are prohibited from entering the retail establishment and the prohibition on minors entering the retail establishment is posted clearly on all entrances of the retail establishment.

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

Section 1

October 1, 2018

New section

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

This bill makes certain requirements for the sale of electronic nicotine delivery systems/vapor products and is not anticipated to result in a fiscal impact to the state or municipalities.

House “A” eliminates the original bill and its associated fiscal impact and results in the impact described above.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

HB 5293 (as amended by House "A")*

AN ACT CONCERNING THE SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS.

SUMMARY

This bill allows retail establishments to sell e-cigarettes (i.e., electronic delivery systems or vapor products) to consumers only through employee-assisted sales where customers cannot access the e-cigarettes without the employee's assistance. It expressly prohibits these establishments from selling or offering for sale e-cigarettes through self-service displays.

The bill exempts from the requirements retail establishments that prohibit minors from entering and post notice of the prohibition clearly at all of the establishment's entrances.

Existing law, unchanged by the bill, prohibits selling e-cigarettes to minors.

*House Amendment “A” replaces the original bill (File 359), which required e-cigarette retailers to sell e-cigarettes in accordance with federal regulations on direct, face-to-face sales of cigarettes and smokeless tobacco products.

EFFECTIVE DATE: October 1, 2018

COMMITTEE ACTION

Public Health Committee

Joint Favorable

Yea

16

Nay

10

(03/26/2018)

General Law Committee

Joint Favorable

Yea

15

Nay

0

(04/24/2018)

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