Sen. John G. Mulroe
Filed: 4/9/2019
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1 | AMENDMENT TO SENATE BILL 664
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2 | AMENDMENT NO. ______. Amend Senate Bill 664 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Tobacco Products Compliance Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Person" means any individual, corporation, partnership, | ||||||
8 | firm,
organization
or association. | ||||||
9 | "Tobacco product" means any product made or derived from | ||||||
10 | tobacco, any product containing tobacco, or any product | ||||||
11 | intended for or traditionally used with tobacco, including | ||||||
12 | papers, wraps, tubes, filters, e-cigarettes, vapor devices, | ||||||
13 | and liquids used in e-cigarettes and vapor devices. A product | ||||||
14 | otherwise meeting the definition of a tobacco product will be | ||||||
15 | deemed a "tobacco product" regardless of any labeling or | ||||||
16 | descriptive language on such product stating that the product |
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1 | is not intended for use with tobacco or for non-tobacco use | ||||||
2 | only or other similar language. | ||||||
3 | Section 10. Compliance reports. Any person, including any | ||||||
4 | repacker or relabeler, who manufactures, fabricates, | ||||||
5 | assembles, processes, or labels a tobacco product, or imports a | ||||||
6 | finished tobacco product for sale or distribution in the United | ||||||
7 | States, located in or having a place of business in the State, | ||||||
8 | shall be required to provide annually, by June 1, 2020 and by | ||||||
9 | June 1 of each year thereafter, written evidence and | ||||||
10 | documentation of its compliance with Sections 903, 904, 905, | ||||||
11 | and 920 of the federal Family Smoking Prevention and Tobacco | ||||||
12 | Control Act of 2009 to the Department of Public Health and the | ||||||
13 | Department of Revenue. | ||||||
14 | This written documentation shall provide a true and | ||||||
15 | accurate written certification stating the person's compliance | ||||||
16 | with Sections 903, 904, 905, and 920 of the federal Family | ||||||
17 | Smoking Prevention and Tobacco Control Act of 2009, and shall | ||||||
18 | be accompanied by written evidence for each tobacco product | ||||||
19 | manufactured, sold, or distributed by the person: (i) that the | ||||||
20 | tobacco product is a "grandfathered" product that was | ||||||
21 | commercially marketed in the United States as of February 15, | ||||||
22 | 2007; (ii) that the tobacco product was marketed after February | ||||||
23 | 15, 2007, but before March 22, 2011, and the tobacco product | ||||||
24 | manufacturer submitted a 905(j) substantial equivalence report | ||||||
25 | for the product by March 22, 2011 and has not received a Not |
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1 | Substantially Equivalent order from the United States Food and | ||||||
2 | Drug Administration; or (iii) that the person received a | ||||||
3 | receipt of a marketing authorization order from the United | ||||||
4 | States Food and Drug Administration after review of a premarket | ||||||
5 | submission intended to demonstrate substantial equivalence | ||||||
6 | under Section 905(j) of the federal Family Smoking Prevention | ||||||
7 | and Tobacco Control Act of 2009. | ||||||
8 | Section 15. Private right of action. To enforce against a | ||||||
9 | violation of the Act or any rule adopted under this Act by any | ||||||
10 | local government or political subdivision as described in this | ||||||
11 | Act, any interested party may file suit in circuit court in the | ||||||
12 | county where the alleged violation occurred or where any person | ||||||
13 | who is a party to the action resides. Actions may be brought by | ||||||
14 | one or more persons for and on behalf of themselves and other | ||||||
15 | persons similarly situated. If the interested party prevails in | ||||||
16 | its enforcement action, it will be entitled to recover damages | ||||||
17 | of 3 times its attorney's fees and costs, and, in addition, the | ||||||
18 | court or other adjudicating body, at its discretion, may assess | ||||||
19 | punitive damages for any wanton or flagrant violation of the | ||||||
20 | law. | ||||||
21 | Section 20. Rulemaking. The Department of Public Health and | ||||||
22 | the Department of Revenue shall jointly adopt rules for the | ||||||
23 | administration and enforcement of this Act.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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