CHAPTER 420g

ELECTRONIC NICOTINE DELIVERY SYSTEMS
AND VAPOR PRODUCTS

Table of Contents

Sec. 21a-415. Electronic nicotine delivery systems and vapor products. Definitions. Dealer registration. Renewal. Fees. Penalties.

Sec. 21a-415a. Electronic nicotine delivery system certificate of manufacturer registration. Renewal. Fees. Penalties.

Sec. 21a-415b. Notice of restriction of sale of electronic nicotine delivery systems and vapor products. Unannounced compliance checks by Commissioner of Mental Health and Addiction Services. Hearing and imposition of penalties by Commissioner of Revenue Services. Suspension or revocation of license by Commissioner of Consumer Protection.

Sec. 21a-416. Employee-assisted sales of electronic nicotine delivery systems and vapor products.

Sec. 21a-417. Certain promotional or advertising samples authorized.

Sec. 21a-418. Sale or shipment of electronic nicotine delivery systems or vapor products directly to a consumer. Requirements.


Sec. 21a-415. Electronic nicotine delivery systems and vapor products. Definitions. Dealer registration. Renewal. Fees. Penalties. (a) As used in this chapter and section 53-344:

(1) “Authorized owner” means the owner or authorized designee of a business entity that is applying for a registration or is registered with the Department of Consumer Protection pursuant to this chapter;

(2) “Business entity” means any corporation, limited liability company, association, partnership, sole proprietorship, government, governmental subdivision or agency, business trust, estate, trust or any other legal entity;

(3) “Dealer registration” means an electronic nicotine delivery system certificate of dealer registration issued by the Commissioner of Consumer Protection pursuant to this section;

(4) “Manufacturer registration” means an electronic nicotine delivery system certificate of manufacturer registration issued by the Commissioner of Consumer Protection pursuant to section 21a-415a to any person who mixes, compounds, repackages or resizes any nicotine-containing electronic nicotine delivery system or vapor product;

(5) “Electronic cigarette liquid” means a liquid that, when used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product;

(6) “Electronic nicotine delivery system” means an electronic device used in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid;

(7) “Vapor product” means any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine and is inhaled by the user of such product. “Vapor product” does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed health care provider in any setting, or (C) any drug or device, as defined in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended from time to time, any combination product, as described in said act, 21 USC 353(g), as amended from time to time, or any biological product, as described in 42 USC 262, as amended from time to time, and 21 CFR 600.3, as amended from time to time, authorized for sale by the United States Food and Drug Administration;

(8) “Sale” or “sell” means an act done intentionally by any person, whether done as principal, proprietor, agent, servant or employee, of transferring, or offering or attempting to transfer, for consideration, including bartering or exchanging, or offering to barter or exchange; and

(9) “Deliver” or “delivering” means an act done intentionally by any person, whether as principal, proprietor, agent, servant or employee, of transferring, or offering or attempting to transfer, physical possession or control of an electronic nicotine delivery system or vapor product.

(b) No person in this state may sell, offer for sale or possess with intent to sell an electronic nicotine delivery system or a vapor product unless such person is employed by, an agent of or directly affiliated with a business entity that maintains a dealer registration issued by the Commissioner of Consumer Protection pursuant to this section. A separate dealer registration shall be required for each place of business where such system or product is sold, offered for sale or possessed with the intent to sell. A dealer registration shall allow the sale of electronic nicotine delivery systems or vapor products at such place of business. A holder of a dealer registration shall post such registration in a prominent location adjacent to electronic nicotine delivery system products or vapor products offered for sale.

(c) (1) Any applicant for a dealer registration or a renewal of a dealer registration shall apply to the Department of Consumer Protection upon forms to be furnished by the department, showing the name, address and electronic mail address of the applicant and the location of the business entity that is to be operated under such dealer registration. The department may require that an applicant submit documents sufficient to establish that state and local building, fire and zoning requirements will be met at the location of any sale. The department may, in its discretion, conduct an investigation to determine whether a dealer registration shall be issued to an applicant.

(2) The commissioner shall issue a dealer registration to any such applicant not later than thirty days after the date of application unless the commissioner finds: (A) The applicant has wilfully made a materially false statement in such application or in any other application made to the commissioner; or (B) the applicant has neglected to pay any taxes due to this state.

(3) A dealer registration issued under this section shall be renewed annually and may be suspended or revoked at the discretion of the Department of Consumer Protection. Any applicant or business entity aggrieved by a denial of an application, refusal to renew a dealer registration or suspension or revocation of a dealer registration may appeal in the manner prescribed for permits under section 30-55. A dealer registration shall not constitute property, nor shall it be subject to attachment and execution, nor shall it be alienable.

(4) The applicant shall pay to the department a nonrefundable application fee of seventy-five dollars, which fee shall be in addition to the annual fee prescribed in subsection (d) of this section. An application fee shall not be charged for an application to renew a dealer registration.

(d) The annual fee for a dealer registration shall be eight hundred dollars, except that the annual fee shall be four hundred dollars for any person holding a dealer registration who also holds any additional dealer registrations issued by the department under this chapter.

(e) The department may renew a dealer registration issued under this section that has expired if the applicant pays to the department any fine imposed by the commissioner pursuant to subsection (c) of section 21a-4, which fine shall be in addition to the fees prescribed in this section for the dealer registration applied for. The provisions of this subsection shall not apply to any dealer registration which is the subject of administrative or court proceedings.

(f) (1) Any business entity in the state that sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product without a dealer registration as required under this section shall be fined not more than fifty dollars for each day of such violation, except that the commissioner may waive all or any part of such fine if it is proven to the commissioner's satisfaction that the failure to obtain or renew such dealer registration was due to reasonable cause.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, any business entity with a dealer registration that has expired for a period of ninety calendar days or less and that, during such ninety-day period, sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product shall have committed an infraction and shall be fined ninety dollars for each day such business entity is in violation of the provisions of this subdivision.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, no penalty shall be imposed under this subsection unless the commissioner sends written notice of any violation to the authorized owner of the business entity is subject to a penalty under subdivision (1) or (2) of this subsection and allows such business entity sixty days from the date such notice was sent to cease such violation and comply with the requirements of this section.

(P.A. 15-244, S. 109; May Sp. Sess. P.A. 16-3, S. 205; P.A. 19-13, S. 9.)

History: P.A. 15-244 effective January 1, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by adding provision re place of business where electronic nicotine delivery system or product is sold, offered for sale or possessed with intent to sell, making a conforming change and adding definition of “person”, amended Subsec. (b) by adding reference to electronic mail address in provision re application form, deleting provisions re financial statement and crimes of which applicant has been convicted, and replacing “Applicants shall” with “The department may require that an applicant” in provision re submission of documents sufficient to establish that building, fire and zoning requirements will be met in Subdiv. (1), deleting Subpara. (C) re applicant convicted of violating cigarette or tobacco laws or having criminal record in Subdiv. (2), deleting provision re descent to estate of deceased certificate holder in Subdiv. (3), and deleting former Subdiv. (5) re certificate issued to partnership, and amended Subsec. (e) by making conforming changes in Subdivs. (1) and (2) and deleting “, within available appropriations,” in provision re written notice and adding provision re sending written notice by electronic mail in Subdiv. (3), effective June 2, 2016; P.A. 19-13 added new Subsec. (a) re definitions, redesignated existing Subsecs. (a) to (e) as Subsecs. (b) to (f), amended redesignated Subsec. (b) by deleting reference to March 1, 2016, deleting provisions re obtaining certificate, adding “is employed by, an agent of or directly affiliated with a business entity that maintains a”, replacing “from” with “issued by”, adding “A separate dealer registration shall be required”, and deleting definition of “person”, amended redesignated Subsec. (c) by deleting reference to January 1, 2016, replacing “make a sworn application therefor” with “apply”, and replacing “place of business which” with “business entity that” in Subdiv. (1), replacing “person” with “applicant or business entity” in Subdiv. (3), and deleting provisions re certificate, amended redesignated Subsec. (d) by deleting reference to certificate, replacing provision re $400 annual fee with provision re $800 annual fee and exception, amended redesignated Subsec. (e) by deleting reference to certificate, amended redesignated Subsec. (f) by replacing “person in this state who knowingly sells” with “business entity in the state that sells” in Subdiv. (1), deleting provision re place of business where products are offered for sale or possessed with intent to sell, adding provision re 90-day period, and adding “for each day such business entity is in violation of the provisions of this subdivision” in Subdiv. (2), deleting provision re written notice sent by mail in Subdiv. (3) and deleting provisions re certificate, and made technical and conforming changes.

Sec. 21a-415a. Electronic nicotine delivery system certificate of manufacturer registration. Renewal. Fees. Penalties. (a) No person in this state may manufacture an electronic nicotine delivery system or vapor product unless such person has obtained a manufacturer registration from the Commissioner of Consumer Protection pursuant to this section for the place of business where such system or product is manufactured. A manufacturer registration shall allow the manufacture of electronic nicotine delivery systems or vapor products in this state at such place of business.

(b) (1) Any applicant for a manufacturer registration or renewal of a manufacturer registration shall apply to the Department of Consumer Protection upon forms to be furnished by the department, showing the name, address and electronic mail address of the applicant and the location of the place of business which is to be operated under such manufacturer registration. The department may require that an applicant submit documents sufficient to establish that state and local building, fire and zoning requirements will be met at the place of manufacture. The department may, in its discretion, conduct an investigation to determine whether a manufacturer registration shall be issued to an applicant.

(2) The commissioner shall issue a manufacturer registration to any such applicant not later than thirty days after the date of application unless the commissioner finds: (A) The applicant has wilfully made a materially false statement in such application or in any other application made to the commissioner; or (B) the applicant has neglected to pay any taxes due to this state.

(3) A manufacturer registration issued under this section shall be renewed annually and may be suspended or revoked at the discretion of the Department of Consumer Protection. Any person aggrieved by a denial of an application, refusal to renew a manufacturer registration or suspension or revocation of a manufacturer registration may appeal in the manner prescribed for permits under section 30-55. A manufacturer registration shall not constitute property, nor shall it be subject to attachment and execution, nor shall it be alienable.

(4) The applicant shall pay to the department a nonrefundable application fee of ­seventy-five dollars, which fee shall be in addition to the annual fee prescribed in subsection (c) of this section. An application fee shall not be charged for an application to renew a manufacturer registration.

(c) The annual fee for a manufacturer registration shall be four hundred dollars, except that the annual fee shall be two hundred dollars for any person holding a manufacturer registration who also holds any additional manufacturer registrations or dealer registrations issued by the department under this chapter.

(d) The department may renew a manufacturer registration issued under this section that has expired for a period of six months or less if the applicant pays to the department any fine imposed by the commissioner pursuant to subsection (c) of section 21a-4, which fine shall be in addition to the fees prescribed in this section for the certificate of manufacturer registration applied for. The provisions of this subsection shall not apply to any manufacturer registration which is the subject of administrative or court proceedings.

(e) (1) Any person in this state who knowingly manufactures an electronic nicotine delivery system or vapor product from a place of business that does not have a manufacturer registration as required under this section shall be fined not more than fifty dollars for each day of such violation, except that the commissioner may waive all or any part of such fine if it is proven to the commissioner's satisfaction that the failure to obtain or renew such manufacturer registration was due to reasonable cause.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person whose manufacturer registration for the place of business where electronic nicotine delivery systems or vapor products are manufactured has expired for a period of ninety calendar days or less and who manufactures in the state during such ninety-day period an electronic nicotine delivery system or vapor product shall have committed an infraction and shall be fined ninety dollars for each day such person is in violation of the provisions of this subdivision.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, no penalty shall be imposed under this subsection unless the commissioner sends written notice of any violation to the person who is subject to a penalty under subdivision (1) or (2) of this subsection and allows such person sixty days from the date such notice was sent to cease such violation and comply with the requirements of this section.

(P.A. 15-244, S. 110; May Sp. Sess. P.A. 16-3, S. 206; P.A. 19-13, S. 10.)

History: P.A. 15-244 effective January 1, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by adding provision re place of business where electronic nicotine delivery system or product is manufactured, making a conforming change and adding definition of “person”, amended Subsec. (b) by adding reference to electronic mail address in provision re application form, deleting provisions re financial statement and crimes of which applicant has been convicted, and replacing “Applicants shall” with “The department may require that an applicant” in provision re submission of documents sufficient to establish that building, fire and zoning requirements will be met in Subdiv. (1), and deleting former Subpara. (C) re applicant convicted of violating cigarette or tobacco laws or having criminal record in Subdiv. (2), deleting provision re descent to estate of deceased certificate holder in Subdiv. (3), and deleting former Subdiv. (5) re certificate issued to partnership, and amended Subsec. (e) by making conforming changes in Subdivs. (1) and (2) and deleting “, within available appropriations,” in provision re written notice and adding provision re sending written notice by electronic mail in Subdiv. (3), effective June 2, 2016; P.A. 19-13 amended Subsec. (a) by deleting reference to March 1, 2016, deleting provisions re certificate, and deleting definitions of “manufacturer” and “person”, amended Subsec. (b) by deleting reference to January 1, 2016, adding provision re applicant for manufacturer registration or renewal, and replacing “make a sworn application therefor” with “apply”, in Subdiv. (1), and deleting provisions re certificate, amended Subsec. (c) by deleting reference to certificate and adding exception to provision re $400 annual fee for person holding manufacturer registration who also holds additional registrations, amended Subsec. (d) by deleting references to certificate and adding “for a period of six months or less” re expiration, amended Subsec. (e) by adding “for a period of ninety calendar days or less”, adding “during such ninety-day period”, and adding “for each day such person is in violation of the provisions of this subdivision” in Subdiv. (2), deleting provision re written notice sent by mail in Subdiv. (3), and deleting provisions re certificate, and made technical and conforming changes.

Sec. 21a-415b. Notice of restriction of sale of electronic nicotine delivery systems and vapor products. Unannounced compliance checks by Commissioner of Mental Health and Addiction Services. Hearing and imposition of penalties by Commissioner of Revenue Services. Suspension or revocation of license by Commissioner of Consumer Protection. (a) Each business entity with a dealer registration shall place and maintain in legible condition at each point of sale of electronic nicotine delivery systems or vapor products a notice to consumers that states (1) the sale, giving or delivering of electronic nicotine delivery systems and vapor products to any person under twenty-one years of age is prohibited by section 53-344b, (2) the use of false identification by a person under twenty-one years of age to purchase an electronic nicotine delivery system or a vapor product is prohibited, and (3) the penalties and fines for violating the provisions of this section and section 53-344b.

(b) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee, shall conduct unannounced compliance checks on business entities holding a dealer registration by engaging persons between the ages of sixteen and twenty to enter the place of business of each such business entity to attempt to purchase an electronic nicotine delivery system or a vapor product. The commissioner shall conduct unannounced follow-up compliance checks of all noncompliant business entities and shall refer all noncompliant business entities to the Commissioner of Revenue Services.

(c) Upon receipt of a referral made pursuant to subsection (b) of this section, the Commissioner of Revenue Services may, following a hearing, impose a civil penalty and direct the Commissioner of Consumer Protection to suspend or revoke the dealer registration of the business entity that is the subject of such referral. The Commissioner of Revenue Services shall provide such business entity with written notice of the hearing, specifying the time and place of such hearing and requiring such business entity to show cause why such dealer registration should not be suspended or revoked. The written notice of the hearing shall be mailed or delivered to such business entity not less than ten days preceding the date of the hearing. Such notice may be served personally or by registered or certified mail.

(d) If the Commissioner of Revenue Services finds, after a hearing pursuant to subsection (c) of this section, that any person employed by any business entity issued a dealer registration under section 21a-415 has sold, given or delivered an electronic nicotine delivery system or vapor product to a person under twenty-one years of age, other than a person under twenty-one years of age who is delivering or accepting delivery in such person's capacity as an employee, said commissioner shall, for the first violation, require such employee to successfully complete an online prevention education program administered by the Department of Mental Health and Addiction Services not later than thirty days after said commissioner's finding. Said commissioner shall assess any employee who fails to complete such program a civil penalty of two hundred dollars. Said commissioner shall assess any employee a civil penalty of two hundred fifty dollars for a second or subsequent violation on or before twenty-four months after the date of the first violation.

(e) If the Commissioner of Revenue Services finds, after a hearing pursuant to subsection (c) of this section, that (1) any business entity issued a dealer registration under section 21a-415 has sold, given or delivered an electronic nicotine delivery system or vapor product to a person under twenty-one years of age, other than a person under twenty-one years of age who is delivering or accepting delivery in such person's capacity as an employee, or (2) such person's employee has sold, given or delivered an electronic nicotine delivery system or vapor product to a person under twenty-one years of age, the commissioner shall, for the first violation, require the authorized owner of such business entity to successfully complete an online prevention education program administered by the Department of Mental Health and Addiction Services not later than thirty days after said commissioner's finding. Said commissioner shall assess any business entity issued a dealer registration, whose authorized owner fails to complete such program, a civil penalty of three hundred dollars for the first violation. Said commissioner shall assess such business entity a civil penalty of seven hundred fifty dollars for a second violation on or before twenty-four months after the date of the first violation. For a third violation by such business entity on or before twenty-four months after the date of the first violation, said commissioner shall assess such business entity a civil penalty of one thousand dollars and notify the Commissioner of Consumer Protection that the dealer registration held by such business entity under this chapter shall be suspended for not less than thirty days. For a fourth violation on or before twenty-four months after the date of the first violation, the Commissioner of Revenue Services shall assess such business entity a civil penalty of one thousand dollars and notify the Commissioner of Consumer Protection that the dealer registration held by such business entity under said chapter shall be revoked. The Commissioner of Revenue Services shall order such business entity to conspicuously post a notice in a public place stating that electronic nicotine delivery systems and vapor products cannot be sold during the period of suspension or revocation and the reasons for such suspension or revocation. Any sale of an electronic nicotine delivery system or vapor product by such business entity during the period of such suspension or revocation shall be deemed an additional violation of this section.

(f) Upon receipt of notice of determination from the Commissioner of Revenue Services made under subsection (e) of this section, the Commissioner of Consumer Protection shall suspend or revoke the dealer registration of the business entity that is the subject of said determination. The Commissioner of Consumer Protection shall not be required to hold a hearing in connection with any notice of determination received from the Commissioner of Revenue Services under this section.

(g) The Commissioner of Consumer Protection shall not issue a new dealer registration to a former registrant whose dealer registration was revoked unless the commissioner is satisfied that such business entity that holds a dealer registration will comply with the provisions of this chapter and any regulations related thereto, and section 53-344b.

(P.A. 19-13, S. 12.)

Sec. 21a-416. Employee-assisted sales of electronic nicotine delivery systems and vapor products. (a) Except as provided in subsection (b) of this section, no business entity with a dealer registration may sell or offer for sale at the place of business identified in the business entity's application for dealer registration, 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 business entity.

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

(b) The provisions of subsection (a) of this section shall not apply to a business entity with a dealer registration if persons under the age of twenty-one are prohibited from entering the place of business identified in the business entity's application for dealer registration and the prohibition on persons under the age of twenty-one entering such place of business is posted clearly on all entrances of such place of business.

(P.A. 18-109, S. 1; P.A. 19-13, S. 11.)

History: P.A. 19-13 deleted Subsec. (a) re definitions, redesignated existing Subsecs. (b)(1) and (b)(2) as new Subsec. (a) and amended same by replacing “no retail establishment may sell or offer for sale” with “no business entity with a dealer registration may sell or offer for sale at the place of business identified in the business entity's application for dealer registration,”, and replacing “retail establishment” with “business entity”, redesignated existing Subsec. (b)(3) as new Subsec. (b) and substantially amended same including by replacing provision re subdivisions not applicable to retail establishment if minors are prohibited from entering and prohibition is posted clearly on all entrances of retail establishment with provisions re subsection not applicable to business entity with dealer registration if persons under age 21 are prohibited from entering and prohibition is posted clearly on all entrances of place of business, and made technical and conforming changes.

Sec. 21a-417. Certain promotional or advertising samples authorized. Any business entity holding a dealer registration under section 21a-415 may give or deliver an electronic nicotine delivery system or vapor product in connection with the promotion or advertisement of such electronic nicotine delivery system or vapor product without receiving monetary consideration from the person receiving the electronic nicotine delivery system or vapor product, provided (1) such giving or delivery is at the location identified by the business entity in its application for the dealer registration or at any event or establishment with an area the access to which is limited to persons twenty-one years of age or older, provided such giving or delivery is restricted to such area, (2) the sample of electronic nicotine delivery systems or vapor products, if applicable, contains no less than two such systems or products, (3) the taxes on such electronic nicotine delivery system or vapor product have been previously paid, and (4) the giving or delivery of the sample is done in accordance with federal laws and regulations governing the giving or delivery of electronic nicotine delivery systems and vapor products. The business entity that holds a dealer registration shall be liable for any gift or delivery of an electronic nicotine delivery system or vapor product to a person under twenty-one years of age on the premises by any person conducting a promotion or advertisement of such electronic nicotine delivery system or vapor product in accordance with this section. This section shall not apply to the gift or delivery of an electronic nicotine delivery system or vapor product in connection with a sale of a similar electronic nicotine delivery system or vapor product.

(P.A. 19-13, S. 13.)

Sec. 21a-418. Sale or shipment of electronic nicotine delivery systems or vapor products directly to a consumer. Requirements. (a) As used in this section:

(1) “Person” means any individual, firm, fiduciary, partnership, corporation, limited liability company, trust or association, however formed;

(2) “Electronic nicotine delivery system” has the same meaning as provided in section 21a-415; and

(3) “Vapor product” has the same meaning as provided in section 21a-415.

(b) A person with an electronic nicotine delivery system certificate of dealer registration, when selling and shipping an electronic nicotine delivery system or a vapor product directly to a consumer in the state, shall: (1) Ensure that the shipping labels on all containers of an electronic nicotine delivery system or vapor product shipped directly to a consumer in the state conspicuously states the following: “CONTAINS AN ELECTRONIC NICOTINE DELIVERY SYSTEM OR VAPOR PRODUCT—SIGNATURE OF A PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY”; and (2) obtain the signature of a person age twenty-one or older at the shipping address prior to delivery, after requiring the signer to demonstrate that he or she is age twenty-one or older by providing a valid motor vehicle operator's license or a valid identity card described in section 1-1h.

(P.A. 19-13, S. 19.)