HOUSE DOCKET, NO. 1879 FILED ON: 1/15/2015
HOUSE . . . . . . . . . . . . . . . No. 3469
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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.
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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
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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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.