Connecticut 2021 Regular Session Status: In Committee 1 D cosponsors

SB 985 — AN ACT CONCERNING THE SALE OF FLAVORED ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND CHILDREN'S HEALTH.

Last action — REF. BY SEN. TO COMM. ON Finance, Revenue and Bonding

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

237 added · 25 removed

237 line(s) added, 25 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
985 January Session, 2021 LCO No.
220 January Session, 2021 Substitute Senate Bill No.
3825 Referred to Committee on COMMITTEE ON CHILDREN Introduced by:
985 Senate, March 30, 2021 The Committee on Children reportedthrough SEN.
(KID) AN ACT CONCERNING CHILDREN'S HEALTH.
ANWAR of the 3rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE SALE OF FLAVORED ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND CHILDREN'S HEALTH.
(Effective July 1, 2021) The Commissioner of Public Health shall conduct a study to determine whether policy and procedural changes within the Department of Public Health may improve the health of children throughout the state.
Subsection (a) of section 21a-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The commissioner shall report, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes, the findings of such study to thejoint standing committee of the General Assembly having cognizance of matters relating to children onor before January 1, 2022.
(a) As used in this chapter, [and] section 53-344 and section 2 of this act:
(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;
sSB985 / File No.
220 1 sSB985 File No.
220 (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;
sSB985 / File No.
220 2 sSB985 File No.
220 (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, includingbarteringorexchanging,orofferingtobarterorexchange;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.
Sec.
2.
(NEW) (Effective from passage) (a) For purposes of this section, (1) "flavored" means imparting a characterizing flavor, and (2) "characterizing flavor" means a distinguishable taste or aroma imparted either prior to or during theuse or consumptionofanelectronicnicotine delivery system or vapor product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, menthol, mint, wintergreen, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice, but does not include the taste or aroma of tobacco.
(b) Except as provided in subsection (c) of this section, on and after October 1, 2021, no person with an electronic nicotine delivery system certificate of dealer registration under section 21a-415 of the general statutes, as amended by this act, shall sell, offer for sale, display for sale or possess with intent to sell any flavored electronic nicotine delivery system or flavored vapor product.
No electronic nicotine delivery system or vapor product shall be determined to be flavored solely because ofthe use ofadditivesor flavoring ortheinclusionofingredient information.
A public statement, claim or indicia made or disseminated by the manufacturer of the electronic nicotine delivery system, vapor product or a component part of such system or product that such system, product or component part thereof has or produces a characterizing flavor shall constitute prima facie evidence that such system, product or component part thereof is a flavored electronic nicotine delivery system or flavored vapor product.
(c) The provisions of subsection (b) of this section shall not apply to a person with an electronic nicotine delivery system certificate of dealer sSB985 / File No.
220 3 sSB985 File No.
220 registration under section 21a-415 of the general statutes, as amended by this act, if individuals under the age of twenty-one are prohibited fromenteringtheplaceofbusinessoperatedbysuchpersonandanotice concerning such prohibition is posted clearly on all entrances of the place of business.
(d) If the Commissioner of Revenue Services finds, after a hearing, that a person with an electronic nicotine delivery system certificate of dealer registration under section 21a-415 of the general statutes, as amended by this act, knowingly violated anyprovisionof subsection (b) of this section, except as provided in subsection (c) of this section, the commissioner shall assess such person a civil penalty of three hundred dollars for the first violation or a civil penalty of seven hundred fifty dollars for a second violation on or before thirty-six months after the date of the first violation.
For a third violation on or before thirty-six months after the date of the first violation, thecommissioner shall assess such person a civil penalty of one thousand dollars and any license or certificate held by such person under chapter 214 or 420g of the general statutes shall be revoked.
Section 1 July 1, 2021 New section LCO No.
Section 1 from passage 21a-415(a) Sec.
3825 1 of 2 Raised Bill No.
2 from passage New section Statement of Legislative Commissioners:
985 Statement of Purpose:
In Sec.
To direct the Commissioner of Public Health to conduct a study to determine whether policy and procedural changes within the Department of Public Health may improve the health of children.
2(d) "except as provided in subsection (c) of this section," was inserted for clarity.
[Proposed deletions are enclosed in brackets.
KID Joint Favorable Subst.
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.] LCO No.
sSB985 / File No.
3825 2 of 2
220 4 sSB985 File No.
220 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.
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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:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Department of Revenue Services GF - Revenue Up to 1.9 Up to 2.5 Loss million million Department of Revenue Services GF - Cost Up to Up to 155,942 160,620 State Comptroller - Fringe GF - Cost Up to Up to Benefits1 64,404 66,336 Mental Health & Addiction GF - Potential 65,910 67,887 Serv., Dept.
Cost State Comptroller - Fringe GF - Potential 27,221 28,037 Benefits Cost Note:
GF=General Fund Municipal Impact:
None Explanation The bill, which generally bans flavored e-cigarette or vapor products and requires the Department of Revenue Services (DRS) to enforce its provisions, results in:
1) a General Fund revenue loss of up to $1.9 million in FY 22 and up to $2.5 million in FY 23;
and 2) a cost to the DRS of up to $220,346 in FY 22 and up to $226,956 in FY 23 for salary and fringe benefit costs associated with as many as two Revenue Agent The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.
The estimated active employee fringe benefit cost associated with most personnel changes is 41.3% of payroll in FY 22 and FY 23.
2Under the bill, e-cigarette dealers are exempt from this ban if they prohibit anyone under age 21 from entering the establishment and post notice of the prohibition clearly at all of the establishment’s entrances.
sSB985 / File No.
220 5 sSB985 File No.
220 positions.3 To the extent the Department of Mental Health and Addiction Services is required to conduct compliance checks to enforce thebill'sprovisions, the agency wouldincur increasedcostsfor aSpecial Investigator ($65,910 in FY 22 and $67,887 in FY 23 with associated fringe benefit costs of $27,221 and $28,037, respectively).
The revenue estimate assumes up to a 55% drop in e-cigarette revenue based on data indicating that flavored products comprise just over half the vaping market.
It is not anticipated that any potential civil penalties levied by the DRS pursuant to the bill's provisions would appreciably offset the loss of tax revenue from e-cigarette and vapor products.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
Sources:
Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report 9/18/2020 US Department of Health and Human Services The actual number of Revenue Agents needed will depend on the volume of necessary enforcement actions.
sSB985 / File No.
220 6 sSB985 File No.
220 OLR Bill Analysis sSB 985 AN ACT CONCERNING THE SALE OF FLAVORED ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND CHILDREN'S HEALTH.
SUMMARY Starting October 1, 2021, this bill generally prohibits e-cigarette dealers from selling, offering or displaying for sale, or possessing with intent to sell any flavored e-cigarette system or flavored vapor product.
Under the bill, e-cigarette dealers are exempt from this ban if they prohibit anyone under age 21 from entering the establishment and post notice of the prohibition clearly at all the establishment’s entrances.
The bill establishes civilpenaltiesfor dealersthat violate thebill’sban onflavorings.ItalsorequirestheDepartmentofRevenueServices(DRS) to revoke an e-cigarette dealer’s license if the dealer commits three violations within a specified time period.
EFFECTIVE DATE:
Upon passage FLAVORINGS PROHIBITED The bill defines flavored e-cigarettes or vapor products as those imparted with a distinguishable taste or aroma (i.e., characterizing flavor) other than tobacco, including fruit, chocolate, menthol, mint, wintergreen, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
It specifies that these products cannot be determined to be flavored solely because they use additives or flavorings or include ingredient information.
Under the bill, a public statement or claim made or disseminated by ane-cigaretteproductmanufacturer that suchproductshaveor produce a characterizing flavor is prima facie evidence that the product is sSB985 / File No.
220 7 sSB985 File No.
220 flavored.
Civil Penalties and License or Certificate Revocation If the DRS commissioner finds, after a hearing, that an e-cigarette dealer knowingly violatedthebill’sbanonflavorings,thecommissioner must assess a civil penalty of (1) $300 for the first violation and (2) $750 and $1,000, respectively, for a second and third violation that occurs within 36 months after the first violation.
Under the bill, if an e-cigarette dealer commits a third violation within 36 months after the first violation, the DRS commissioner must revoke the dealer’s license in addition to assessing the $1,000 penalty.
(While the bill grants this revocation authority to DRS, the Department of Consumer Protection issues the e-cigarette dealer registration.) BACKGROUND Related Bills sSB 326 (File 98), favorably reported by the Public Health Committee, prohibits e-cigarette dealers and cigarette dealers and distributors from selling, offering or displaying for sale, or possessing with the intent to sell, flavored cigarettes, tobacco products, e-cigarettes, and vapor products.
HB 6450 (§§ 1-6), favorably reported by the Public Health Committee, makes various changes to e-cigarette and smoking laws, such as prohibiting e-cigarette dealers from selling, giving, or possessing with the intent to sell, e-cigarettes and vapor products with a flavoring agent, other than tobacco, or more than a specified amount of nicotine.
COMMITTEE ACTION Committee on Children Joint Favorable Substitute Yea 10 Nay 4 (03/15/2021) sSB985 / File No.
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Action History

  1. REF. BY SEN. TO COMM. ON Finance, Revenue and Bonding

  2. FILE NO. 220

  3. SENATE CALENDAR NUMBER 163

  4. FAV. RPT., TAB. FOR CAL., SEN.

  5. RPTD. OUT OF LCO

  6. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/29/21

  7. FILED WITH LCO

  8. Joint Favorable Substitute

  9. PUBLIC HEARING 0309

  10. REF. TO JOINT COMM. ON Committee on Children

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 985?
SB 985 is sponsored by Jaime S. Foster (Democratic).
What is the current status of SB 985?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 985?
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