CHAPTER 420g

ELECTRONIC NICOTINE DELIVERY SYSTEMS
AND VAPOR PRODUCTS

Table of Contents

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

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

Secs. 21a-416 to 21a-429. Reserved


Sec. 21a-415. Electronic nicotine delivery system certificate of dealer registration. Renewal. Fees. Penalties. (a) On and after March 1, 2016, no person in this state may sell, offer for sale or possess with intent to sell an electronic nicotine delivery system or vapor product unless such person has obtained an electronic nicotine delivery system certificate of dealer registration from the Commissioner of Consumer Protection pursuant to this section for the place of business where such system or product is sold, offered for sale or possessed with the intent to sell. An electronic nicotine delivery system certificate of dealer registration shall allow the sale of electronic nicotine delivery systems or vapor products at such place of business. A holder of an electronic nicotine delivery system certificate of dealer registration shall post such registration in a prominent location adjacent to electronic nicotine delivery system products or vapor products offered for sale. For the purposes of this section, “person” means each owner of a business organization, or such owner's authorized designee, provided each affiliate of a business organization that is under common control or ownership shall constitute a separate person and “person” includes, but is not limited to, retailers, wholesalers and dealers.

(b) (1) On or after January 1, 2016, any person desiring an electronic nicotine delivery system certificate of dealer registration or a renewal of such a certificate of dealer registration shall make a sworn application therefor 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 certificate of 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 certificate of dealer registration shall be issued to an applicant.

(2) The commissioner shall issue an electronic nicotine delivery system certificate of 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 certificate of 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 person 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. An electronic nicotine delivery system certificate of 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 (c) of this section. An application fee shall not be charged for an application to renew a certificate of dealer registration.

(c) The annual fee for an electronic nicotine delivery system certificate of dealer registration shall be four hundred dollars.

(d) The department may renew a certificate of 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 certificate of dealer registration applied for. The provisions of this subsection shall not apply to any certificate of dealer registration which is the subject of administrative or court proceedings.

(e) (1) Any person in this state who knowingly sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product from a place of business that does not have a certificate of 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 certificate of dealer registration was due to reasonable cause.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person whose electronic nicotine delivery system certificate of dealer registration for the place of business where electronic nicotine delivery systems or vapor products are sold, offered for sale or possessed with the intent to sell has expired and who knowingly sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product, where such person's period of operation without such certificate of dealer registration is not more than ninety days from the date of expiration of such certificate of dealer registration, shall have committed an infraction and shall be fined ninety dollars.

(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. Such written notice shall be sent by mail evidenced by a certificate of mailing or other similar United States Postal Service form from which the date of deposit can be verified or by electronic mail to the electronic mail address designated by such person on its application or renewal application for nicotine delivery system certificate of dealer registration.

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

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.

Sec. 21a-415a. Electronic nicotine delivery system certificate of manufacturer registration. Renewal. Fees. Penalties. (a) On and after March 1, 2016, no person in this state may manufacture an electronic nicotine delivery system or vapor product unless such person has obtained an electronic nicotine delivery system certificate of manufacturer registration from the Commissioner of Consumer Protection pursuant to this section for the place of business where such system or product is manufactured. An electronic nicotine delivery system certificate of manufacturer registration shall allow the manufacture of electronic nicotine delivery systems or vapor products in this state at such place of business. For the purposes of this section, “manufacturer” means any person who mixes, compounds, repackages or resizes any nicotine-containing electronic nicotine delivery system or vapor product, and “person” means each owner of a business organization, provided each affiliate of a business organization that is under common control or ownership shall constitute a separate person.

(b) (1) On or after January 1, 2016, any person desiring an electronic nicotine delivery system certificate of manufacturer registration or a renewal of such a certificate of manufacturer registration shall make a sworn application therefor 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 certificate of 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 certificate of manufacturer registration shall be issued to an applicant.

(2) The commissioner shall issue an electronic nicotine delivery system certificate of 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 certificate of 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 certificate of manufacturer registration or suspension or revocation of a certificate of manufacturer registration may appeal in the manner prescribed for permits under section 30-55. An electronic nicotine delivery system certificate of 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 certificate of manufacturer registration.

(c) The annual fee for an electronic nicotine delivery system certificate of manufacturer registration shall be four hundred dollars.

(d) The department may renew a certificate of manufacturer 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 certificate of manufacturer registration applied for. The provisions of this subsection shall not apply to any certificate of 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 certificate of 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 certificate of manufacturer registration was due to reasonable cause.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person whose electronic nicotine delivery system certificate of manufacturer registration for the place of business where electronic nicotine delivery systems or vapor products are manufactured has expired and who manufactures in this state an electronic nicotine delivery system or vapor product, where such person's period of operation without such certificate of manufacturer registration is not more than ninety days from the date of expiration of such certificate of manufacturer registration, shall have committed an infraction and shall be fined ninety dollars.

(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. Such written notice shall be sent by mail evidenced by a certificate of mailing or other similar United States Postal Service form from which the date of deposit can be verified or by electronic mail to the electronic mail address designated by such person on its application or renewal application for nicotine delivery system certificate of dealer registration.

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

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.

Secs. 21a-416 to 21a-429. Reserved for future use.

Note: Chapters 420h to 420k are also reserved for future use.