HB 6110 — AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS AND ONLINE SALES AND SHIPMENT.

House of Representatives General Assembly File No.

150687 General Assembly January Session, 20212021(Reprint Substituteof HouseFile Bill No.

6110150) Substitute House ofBill Representatives,No. March 29, 2021 The Committee on Children reported through REP.

LINEHAN6110 ofAs theAmended 103rdby Dist.,House ChairpersonAmendment ofSchedules the"A" Committeeand on"B" Approved by the partLegislative ofCommissioner theMay House,14, that2021 theAN substituteACT billCONCERNING oughtELECTRONIC toNICOTINE pass.DELIVERY SYSTEMS AND VAPOR PRODUCTS AND ONLINE SALES AND SHIPMENT.

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

(2) "Electronic cigarette liquid" has the same meaning as provided in section 21a-415;21a-415, as amended by this act;

[(2)] (3) "Electronic nicotine delivery system" has the same meaning assHB6110 provided/ inFile sectionNo. 21a-415;

and687 [(3)]sHB6110 (4)File "VaporNo. product"hasthesame meaning asprovidedinsection 21a-415.

sHB6110687 /as Fileprovided No.in section 21a-415, as amended by this act;

150and 1[(3)] sHB6110(4) File"Vapor No.product"hasthesame meaning asprovidedinsection 21a-415, as amended by this act.

150 (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:

[described in section 1-1h] No person with an electronic nicotine delivery system certificate of dealer registration shall sell or ship to a consumer in the state more than two vapor products and thirty cartridges of electronic cigarette liquid in a thirty-dayone-month period.

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

Section2. 1 July 1, 2021 21a-418 KID Joint Favorable Subst.

Subsection (a) of section 21a-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

150687 2 sHB6110 File No.

150687 The(a) followingAs Fiscalused Impactin Statementthis andchapter Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanationsection and53-344: do not represent the intent of the General Assembly or either chamber thereof for any purpose.

(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, including, but not limited to, a concentrated plant extract or oil containing natural or synthetic ingredients, that, when used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and [is] may be 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 sHB6110 / File No.

687 sHB6110 File No.

687 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, 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.

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

Section 1 July 1, 2021 21a-418 Sec.

2 July 1, 2021 21a-415(a) sHB6110 / File No.

687 sHB6110 File No.

687 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.

House "A" makes various changes to definitions for electronic nicotine delivery systems and vapor products resulting in no fiscal impact to the state.

House "B" strikes section 501 of House "A" and makes various changestodefinitionsforelectronicnicotinedeliverysystemsandvapor products resulting in no fiscal impact to the state.

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150687 OLR Bill Analysis sHB 6110 (as amended by House "A" and "B")* AN ACT CONCERNING THE ONLINE SALE AND DELIVERY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS.

SUMMARY This bill prohibits any person with a Department of Consumer Protection-issuedProtection (DCP)-issued e-cigarette certificate orof dealer registration from selling or shipping more than two vapor products and 30 cartridges of e-cigarette liquid to the same consumer in a 30-dayone-month period.

(a) require the consumer to provide a copy of his or her valid driver'sdriver’s license or identity card or (b) verify the consumer'sconsumer’s identity on a commercially available third-party database that businesses use for age verification and 2.

By law, the dealer must also (1) obtain the signature of a person aged or older at the address prior to delivery and after requiring the signer to provide a driver'sdriver’s license or identification card as proof of age and (2) include a shipping label on the package that conspicuously states: