HOUSE DOCKET, NO. 1879        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3469

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jonathan Hecht

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to promote disclosure of toxins in e-cigarettes.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jonathan Hecht

29th Middlesex

1/15/2015

Thomas J. Calter

12th Plymouth

12/30/2019

David M. Rogers

24th Middlesex

12/30/2019

Sean Garballey

23rd Middlesex

12/30/2019

Brian M. Ashe

2nd Hampden

4/9/2015

Cory Atkins

14th Middlesex

4/13/2015

Ruth B. Balser

12th Middlesex

4/8/2015

Michael J. Barrett

Third Middlesex

4/14/2015

Paul Brodeur

32nd Middlesex

4/8/2015

James M. Cantwell

4th Plymouth

4/8/2015

Gailanne M. Cariddi

1st Berkshire

4/9/2015

Michael S. Day

31st Middlesex

4/8/2015

Marjorie C. Decker

25th Middlesex

4/9/2015

Sal N. DiDomenico

Middlesex and Suffolk

4/14/2015

Michelle M. DuBois

10th Plymouth

4/9/2015

Peter J. Durant

6th Worcester

4/14/2015

Carolyn C. Dykema

8th Middlesex

4/8/2015

Lori A. Ehrlich

8th Essex

4/10/2015

Tricia Farley-Bouvier

3rd Berkshire

4/10/2015

Ann-Margaret Ferrante

5th Essex

4/13/2015

Carole A. Fiola

6th Bristol

4/13/2015

Colleen M. Garry

36th Middlesex

4/9/2015

Robert L. Hedlund

Plymouth and Norfolk

4/8/2015

Paul R. Heroux

2nd Bristol

4/10/2015

Patricia D. Jehlen

Second Middlesex

4/9/2015

Kay Khan

11th Middlesex

4/9/2015

Peter V. Kocot

1st Hampshire

4/13/2015

Jason M. Lewis

Fifth Middlesex

4/9/2015

Barbara A. L'Italien

Second Essex and Middlesex

4/10/2015

Paul McMurtry

11th Norfolk

12/30/2019

Shaunna L. O'Connell

3rd Bristol

4/14/2015

Kathleen O'Connor Ives

First Essex

4/13/2015

Denise Provost

27th Middlesex

4/9/2015

Frank I. Smizik

15th Norfolk

4/10/2015

Steven Ultrino

33rd Middlesex

4/9/2015

Aaron Vega

5th Hampden

4/13/2015

Chris Walsh

6th Middlesex

4/10/2015

Hannah Kane

11th Worcester

4/14/2015


HOUSE DOCKET, NO. 1879        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3469

By Mr. Hecht of Watertown, a petition (accompanied by bill, House, No. 3469) of Jonathan Hecht and others relative to toxins contained in the vapor produced by e-cigarettes.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to promote disclosure of toxins in e-cigarettes.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94 is hereby amended by inserting after section 307C the following section:-

Section 307D.(a) As used in this section, the following terms shall have the following meanings:

(1) “Department”, the department of public health.

(2) “E-cigarette”, any electronic device that can be used to deliver nicotine vapor to the user through vaporization of any liquid or solid, and shall include such devices whether manufactured as e-cigarettes, e-cigars, e-pipes, or under any other product name.

(3) “Manufacturer”, any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture that produces an e-cigarette.  If the e-cigarette is produced in a foreign country, the manufacturer is the importer or domestic distributor; provided, however, that, if a company from whom an importer purchases the e-cigarette has a United States presence or assets, that company shall be considered the manufacturer.

(b) For each brand of e-cigarette sold in the commonwealth, the manufacturer shall file a report annually with the department, at a time and in a form specified by the department, identifying the concentration of any toxins contained in the vapor produced by an e-cigarette when used as intended by the manufacturer.

(c) The department shall make all reports filed under this section available to the public on its website.

(d) Any manufacturer of an e-cigarette that fails to file a report by the date required by the department pursuant to subsection (b) shall be subject to a fine of $10,000 for each day after such date that it fails to file a report.

(e) Any manufacturer of an e-cigarette that files a report understating the concentration of a toxin by an amount exceeding a range established by the department shall be subject to a fine of $10,000 for each day that it fails to file an amended report as directed by the department.

(f) The sale of any e-cigarette for which the manufacturer has failed to file a report by the date required by the department pursuant to subsection (b) or has failed to file an amended report as directed by the department pursuant to subsection (e) shall constitute an unfair or deceptive act under chapter 93A.

SECTION 2. Not more than 90 days from the effective date of this act, the department of public health shall promulgate regulations for the implementation of section 307D of chapter 94 of the General Laws, inserted by section 1, including but not limited to the types and concentrations of toxins that, when present in vapor produced by e-cigarettes, must be reported to the department under subsection (b) of said section 307D of said chapter 94.

SECTION 3.  Section 1 shall take effect 180 days after the passage of this act.