Bill Text: MI HB5850 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Tobacco; retail sales; sales to minors; prohibit sale of electronic nicotine delivery system or any oral device that provides vapor nicotine and require electronic nicotine delivery systems to be sold in child-proof containers. Amends sec. 4 of 1915 PA 31 (MCL 722.644) & adds sec. 2b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-13 - Bill Electronically Reproduced 09/08/2016 [HB5850 Detail]

Download: Michigan-2015-HB5850-Introduced.html

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HOUSE BILL No. 5850

 

 

September 8, 2016, Introduced by Rep. Miller, A. and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1915 PA 31, entitled

 

"Youth tobacco act,"

 

by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and

 

by adding section 2b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2b. (1) A person shall not sell in this state an

 

electronic nicotine delivery system or other similar product that

 

relies on vaporization or aerosolization of nicotine, or a

 

component of any of these, unless the system, product, or component

 

is packaged in a child-resistant container that meets the

 

requirements of the poison prevention packaging act of 1970, Public

 

Law 91-601, and of 16 CFR part 1700.

 

     (2) A person who violates subsection (1) is guilty of a

 

misdemeanor punishable by a fine of not more than $50.00 for each

 

violation.

     Sec. 4. As used in this act:

 

     (a) "Accessory" means a product that is intended or reasonably

 

expected to be used with or for the human consumption of a tobacco

 

product, does not contain tobacco and is not made or derived from

 

tobacco, and meets either of the following requirements:

 

     (i) The product is not intended or reasonably expected to

 

affect or alter the performance, composition, constituents, or

 

characteristics of a tobacco product.

 

     (ii) The product is intended or reasonably expected to affect

 

or maintain the performance, composition, constituents, or

 

characteristics of a tobacco product, but the product either solely

 

controls moisture or temperature of a stored tobacco product or

 

solely provides an external heat source to initiate but not

 

maintain combustion of a tobacco product.

 

     (b) "Component part" means an object that is intended or

 

reasonably expected to be used with or for the human consumption of

 

a tobacco product and that is not an accessory.

 

     (c) "Electronic nicotine delivery system" means a product that

 

contains or delivers nicotine or another similar substance that is

 

intended for human consumption and that can be used by an

 

individual to simulate smoking through inhalation of vapor or

 

aerosol from the product. Electronic nicotine delivery system

 

includes, but is not limited to, electronic smoking devices, e-

 

cigarettes, e-cigars, hookah pens, vape pens, personal vaporizers,

 

and electronic pipes. Electronic nicotine delivery system includes

 

a component part of an electronic nicotine delivery system,

 

regardless of whether the component part is sold separately.

     (d) (a) "Minor" means an individual under who is less than 18

 

years of age.

 

     (e) (b) "Person who sells tobacco products at retail" means a

 

person whose ordinary course of business consists, in whole or in

 

part, of the retail sale of tobacco products subject to state sales

 

tax.

 

     (f) (c) "Public place" means a public street, sidewalk, or

 

park or any area open to the general public in a publicly owned or

 

operated building or public place of business.

 

     (g) (d) "Tobacco product" means a product that contains or is

 

made or derived from tobacco, nicotine, or another similar

 

substance and that is intended for human consumption, including,

 

whether smoked, heated, chewed, absorbed, dissolved, inhaled,

 

snorted, sniffed, or ingested by any other means. Tobacco product

 

includes, but is not limited to, cigarettes, noncigarette smoking

 

tobacco, or smokeless tobacco, as those terms are defined in

 

section 2 of the tobacco products tax act, 1993 PA 327, MCL

 

205.422, and cigars, little cigars, chewing tobacco, pipe tobacco,

 

snuff, snus, or electronic nicotine delivery systems or other

 

similar products that rely on vaporization or aerosolization.

 

Tobacco product includes a component part of a tobacco product

 

regardless of whether the component is sold separately. Tobacco

 

product does not include a product specifically approved by the

 

United States Food and Drug Administration for sale as a tobacco

 

cessation product that is being marketed and sold solely for the

 

approved purpose.

 

     (h) (e) "Use a tobacco product" means to smoke, chew, suck,

inhale, snort, sniff, ingest, or otherwise consume a tobacco

 

product.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.