Full Text of SB0222 101st General Assembly
SB0222ham002 101ST GENERAL ASSEMBLY | Rep. John Connor Filed: 5/22/2019
| | 10100SB0222ham002 | | LRB101 05070 RLC 60915 a |
|
| 1 | | AMENDMENT TO SENATE BILL 222
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 222 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Flavored Tobacco Ban Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Alternative nicotine product" means a product or device | 8 | | not consisting of or containing tobacco that provides for the | 9 | | ingestion into the body of nicotine, whether by chewing, | 10 | | smoking, absorbing, dissolving, inhaling, snorting, sniffing, | 11 | | or by any other means. "Alternative nicotine product" does not | 12 | | include: cigarettes as defined in Section 1 of the Cigarette | 13 | | Tax Act and tobacco products as defined in Section 10-5 of the | 14 | | Tobacco Products Tax Act of 1995; tobacco product and | 15 | | electronic cigarette as defined in this Section; or any product | 16 | | approved by the United States Food and Drug Administration for |
| | | 10100SB0222ham002 | - 2 - | LRB101 05070 RLC 60915 a |
|
| 1 | | sale as a tobacco cessation product, as a tobacco dependence | 2 | | product, or for other medical purposes, and is being marketed | 3 | | and sold solely for that approved purpose. | 4 | | "Characterizing flavor" means a distinguishable taste or | 5 | | aroma, including, but not limited to, any fruit, chocolate, | 6 | | vanilla, honey, candy, cocoa, dessert, alcoholic beverage, | 7 | | herb or spice flavoring, not including tobacco, menthol, mint, | 8 | | or wintergreen. In no event shall a tobacco product, related | 9 | | tobacco product, alternative nicotine product, or solution or | 10 | | substance intended for use with electronic cigarettes or any | 11 | | component part of a tobacco product, related tobacco product, | 12 | | alternative nicotine product, or solution or substance | 13 | | intended for use with electronic cigarettes be construed to | 14 | | have a characterizing flavor based solely on the use of trace | 15 | | additives or flavorings or the provision of ingredient | 16 | | information. | 17 | | "Electronic cigarette" means: | 18 | | (1) any device that employs a battery or other | 19 | | mechanism to heat a solution or substance to produce a | 20 | | vapor or aerosol intended for inhalation; | 21 | | (2) any cartridge or container of a solution or | 22 | | substance intended to be used with or in the device or to | 23 | | refill the device; or | 24 | | (3) any solution or substance, whether or not it | 25 | | contains nicotine intended for use in the device. | 26 | | "Electronic cigarette" includes, but is not limited to, any |
| | | 10100SB0222ham002 | - 3 - | LRB101 05070 RLC 60915 a |
|
| 1 | | electronic nicotine delivery system, electronic cigar, | 2 | | electronic cigarillo, electronic pipe, electronic hookah, vape | 3 | | pen, or similar product or device, and any components or parts | 4 | | that can be used to build the product or device. "Electronic | 5 | | cigarette" does not include: cigarettes as defined in Section 1 | 6 | | of the Cigarette Tax Act and tobacco products as defined in | 7 | | Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco | 8 | | product, related tobacco product, and alternative nicotine | 9 | | product as defined in this Section; any product approved by the | 10 | | United States Food and Drug Administration for sale as a | 11 | | tobacco cessation product, as a tobacco dependence product, or | 12 | | for other medical purposes, and is being marketed and sold | 13 | | solely for that approved purpose; any asthma inhaler prescribed | 14 | | by a physician for that condition and is being marketed and | 15 | | sold solely for that approved purpose; or any therapeutic | 16 | | product approved for use under the Compassionate Use of Medical | 17 | | Cannabis Pilot Program Act. | 18 | | "Flavored alternative nicotine product" means any | 19 | | alternative nicotine product that contains a natural or | 20 | | artificial constituent or additive that imparts a | 21 | | characterizing flavor. | 22 | | "Flavored related tobacco product" means any related | 23 | | tobacco product that contains a natural or artificial | 24 | | constituent or additive that imparts a characterizing flavor. | 25 | | "Flavored solution or substance intended for use with | 26 | | electronic cigarettes" means any solution or substance |
| | | 10100SB0222ham002 | - 4 - | LRB101 05070 RLC 60915 a |
|
| 1 | | intended for use with electronic cigarettes that contains a | 2 | | natural or artificial constituent or additive that imparts a | 3 | | characterizing flavor. | 4 | | "Flavored tobacco product" means any tobacco product that | 5 | | contains a natural or artificial constituent or additive that | 6 | | imparts a characterizing flavor. | 7 | | "Labeling" means written, printed, pictorial, or graphic | 8 | | matter upon a tobacco product, related tobacco product, | 9 | | alternative nicotine product, or solution or substance | 10 | | intended for use with electronic cigarettes or any of its | 11 | | packaging. | 12 | | "Packaging" or "package" means a pack, box, carton, or | 13 | | container of any kind, or, if no other container, any wrapping, | 14 | | including cellophane, in which a tobacco product, related | 15 | | tobacco product, alternative nicotine product, or solution or | 16 | | substance intended for use with electronic cigarettes is sold | 17 | | or offered for sale to a consumer. | 18 | | "Related tobacco product" means any product intended for or | 19 | | traditionally used with tobacco, including, but not limited to, | 20 | | papers, wraps, tubes, or filters. A product of a type that has | 21 | | in the past been used in conjunction with tobacco or nicotine | 22 | | use will be deemed a "related tobacco product" regardless of | 23 | | any labeling or descriptive language on such product stating | 24 | | that the product is not intended for use with tobacco or for | 25 | | non-tobacco use only or other similar language. | 26 | | "Retail location" means: (1) a building from which tobacco |
| | | 10100SB0222ham002 | - 5 - | LRB101 05070 RLC 60915 a |
|
| 1 | | products, related tobacco products, alternative nicotine | 2 | | products, or solutions or substances intended for use with | 3 | | electronic cigarettes are sold at retail; or (2) a vending | 4 | | machine. | 5 | | "Tobacco product" means any product containing or made from | 6 | | tobacco that is intended for human consumption, whether smoked, | 7 | | heated, chewed, absorbed, dissolved, inhaled, snorted, | 8 | | sniffed, or ingested by any other means, including, but not | 9 | | limited to, cigarettes, cigars, little cigars, chewing | 10 | | tobacco, pipe tobacco, snuff, snus, and any other smokeless | 11 | | tobacco product that contains tobacco that is finely cut, | 12 | | ground, powdered, or leaf and intended to be placed in the oral | 13 | | cavity. "Tobacco product" includes any component, part, or | 14 | | accessory of a tobacco product, whether or not sold separately. | 15 | | "Tobacco product" does not include: an electronic cigarette and | 16 | | alternative nicotine product as defined in this Section; or any | 17 | | product that has been approved by the United States Food and | 18 | | Drug Administration for sale as a tobacco cessation product, as | 19 | | a tobacco dependence product, or for other medical purposes, | 20 | | and is being marketed and sold solely for that approved | 21 | | purpose. | 22 | | "Tobacco retailer" means a person who engages in this State | 23 | | in the sale of tobacco products, related tobacco products, | 24 | | alternative nicotine products, or solutions or substances | 25 | | intended for use with electronic cigarettes directly to the | 26 | | public from a retail location, including a person who operates |
| | | 10100SB0222ham002 | - 6 - | LRB101 05070 RLC 60915 a |
|
| 1 | | vending machines from which tobacco products, related tobacco | 2 | | products, alternative nicotine products, or solutions or | 3 | | substances intended for use with electronic cigarettes are sold | 4 | | in this State. | 5 | | Section 10. Prohibition; penalties. | 6 | | (a) A tobacco retailer or any of the tobacco retailer's | 7 | | agents or employees may not sell, offer for sale, or possess | 8 | | with the intent to sell or offer for sale, a flavored tobacco | 9 | | product, flavored related tobacco product, flavored | 10 | | alternative nicotine product, or flavored solution or | 11 | | substance intended for use with electronic cigarettes. There is | 12 | | a presumption that a tobacco product, related tobacco product, | 13 | | alternative nicotine product, or solution or substance | 14 | | intended for use with electronic cigarettes is a flavored | 15 | | tobacco product, flavored related tobacco product, flavored | 16 | | alternative nicotine product, or flavored solution or | 17 | | substance intended for use with electronic cigarettes if the | 18 | | tobacco product, related tobacco product, alternative nicotine | 19 | | product, or solution or substance intended for use with | 20 | | electronic cigarettes has or produces a characterizing flavor, | 21 | | including, but not limited to, text, color, or images on the | 22 | | product's labeling or packaging that are used to explicitly or | 23 | | implicitly communicate or suggest that the tobacco product, | 24 | | related tobacco product, alternative nicotine product, or | 25 | | solution or substance intended for use with electronic |
| | | 10100SB0222ham002 | - 7 - | LRB101 05070 RLC 60915 a |
|
| 1 | | cigarettes has a characterizing flavor. A product with labeling | 2 | | or packaging that suggests the presence of a characterizing | 3 | | flavor or uses a concept flavor is presumed to be a flavored | 4 | | tobacco product, flavored related tobacco product, flavored | 5 | | alternative nicotine product, or flavored solution or | 6 | | substance intended for use with electronic cigarettes. | 7 | | (b) Any person, other than a manufacturer or distributor, | 8 | | who violates subsection (a) is guilty of a petty offense and | 9 | | shall be fined an amount as follows: | 10 | | (1) For the first offense, the offender shall be fined | 11 | | an amount of $100 for each individual package of tobacco | 12 | | product, related tobacco product, alternative nicotine | 13 | | product, or solution or substance intended for use with | 14 | | electronic cigarettes sold or offered for sale. | 15 | | (2) For a second offense within a 2-year period, the | 16 | | offender shall be fined $250 for each individual package of | 17 | | tobacco product, related tobacco product, alternative | 18 | | nicotine product, or solution or substance intended for use | 19 | | with electronic cigarettes sold or offered for sale. | 20 | | (3) For a third or subsequent offense within a 2-year | 21 | | period, the offender shall be fined $500 for each | 22 | | individual package of tobacco product, related tobacco | 23 | | product, alternative nicotine product, or solution or | 24 | | substance intended for use with electronic cigarettes sold | 25 | | or offered for sale. | 26 | | (c) A manufacturer or distributor shall be subject to a |
| | | 10100SB0222ham002 | - 8 - | LRB101 05070 RLC 60915 a |
|
| 1 | | civil penalty not to exceed $50,000 for each brand or style of | 2 | | the manufacturer's or distributor's tobacco products, related | 3 | | tobacco products, alternative nicotine products, or solutions | 4 | | or substances intended for use with electronic cigarettes that | 5 | | is found to have been sold or offered for sale in violation of | 6 | | this Act on more than one occasion during any 30-day period. | 7 | | With respect to a manufacturer or distributor, it is an | 8 | | affirmative defense to a finding of a violation under this Act | 9 | | that the sale or offer for sale, occurred without the | 10 | | knowledge, consent, authorization or involvement, direct or | 11 | | indirect, of the manufacturer or distributor. | 12 | | (d) Moneys received as fines and civil penalties under this | 13 | | Act shall be remitted to the State Treasurer to be used as | 14 | | provided in paragraphs (1) and (2) of this subsection. All | 15 | | moneys collected as fines and civil penalties for violations of | 16 | | this Act shall be distributed in the following manner: | 17 | | (1) one-half of each fine and civil penalty shall be | 18 | | distributed to the State agency or unit of local government | 19 | | that successfully prosecuted the offender; and | 20 | | (2) one-half of each fine and civil penalty shall be | 21 | | remitted to the Department of Revenue to be used for | 22 | | enforcing this Act and the Prevention of Tobacco Use by | 23 | | Persons under 21 Years of Age and Sale and Distribution of | 24 | | Tobacco Products Act. | 25 | | Section 15. Local preemption. This Act does not preempt or |
| | | 10100SB0222ham002 | - 9 - | LRB101 05070 RLC 60915 a |
|
| 1 | | otherwise prohibit the adoption of a local standard that | 2 | | imposes greater restrictions on the access to tobacco products, | 3 | | related tobacco products, alternative nicotine products, or | 4 | | solutions or substances intended for use with electronic | 5 | | cigarettes than the restrictions imposed by this Act. To the | 6 | | extent that there is an inconsistency between this Act and a | 7 | | local standard that imposes greater restrictions on the access | 8 | | to tobacco products, related tobacco products, alternative | 9 | | nicotine products, or solutions or substances intended for use | 10 | | with electronic cigarettes, the greater restriction on the | 11 | | access to tobacco products, related tobacco products, | 12 | | alternative nicotine product, or solution or substance | 13 | | intended for use with electronic cigarettes in the local | 14 | | standard shall prevail.".
|
|