Amendment ID: S2234-3

Amendment 3

Vapor product definition

Ms. Flanagan and Mr. Moore move to amend the bill in Section 1 by inserting after the word “shall” in line 4, the words “possess or”;

And in said line of said section by inserting after the word “products”, the words “alternative nicotine products or vapor products”;

And in line 9 of said section by inserting after the word “products”, the words “alternative nicotine products or vapor products”

And is further amended in Section 2 by inserting after “-,”in line11, the words “alternative nicotine products or vapor products”

And is further amended in Section 3 by inserting after the word “shall” in line 15, the words “possess or”;

And in said line of said section by inserting after the word “products”, the words “alternative nicotine products or vapor products”;

And in line 20 of said section by inserting after the word “products”, the words “alternative nicotine products or vapor products”

And is further amended in Section 6 by adding the following definition to section 6 (a) of chapter 270:

“Alternative Nicotine Product”, any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other means.  The term “alternative nicotine product”, does not include any vapor product, tobacco product, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.

And is further amended in said section by deleting the definition of “Retail tobacco store”;

And is further amended in said section by deleting the definition of “Tobacco Product” and inserting in place thereof the following definition:

”Tobacco Product”, any product containing tobacco, including cigarettes, cigars, little cigars, pipe tobacco and snuff and provided further, that “tobacco product” shall not include an alternative nicotine product or vapor product as defined in this section nor shall it include a product that has been approved by the United States Food and Drug Administration for the sale or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose.

And is further amended in said section by adding the following definition:

“Vapor Product”, any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit , or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.  The term 'vapor product' shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.  The term 'vapor product' shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

And is further amended in subsection (b) of said section by inserting after the word “product” on lines 71 and 72, the words “, alternative nicotine product or vapor product”;

And is further amended in said section by deleting paragraph (c) and inserting in place thereof the following:

(c) No manufacturer or retailer shall distribute or cause to be distributed a free sample of a tobacco product, alternative nicotine product or vapor product in a retail or other commercial establishment.

And is further amended in Section 7 by deleting the definition of “Smoking” and inserting in place thereof the following definition:

“Smoking” , the inhaling, exhaling, burning or carrying of a lighted or heated cigar, cigarette, pipe or other tobacco product or plant product intended for inhalation in any manner or form; provided, however, that “smoking” shall not include the use of vapor products as defined  section 6 of chapter 270 .

And is further amended in Section 7 by adding the following paragraph to subsection (b) of chapter 22 of chapter 270:

(4) The use or possession of cigarettes, tobacco products, alternative nicotine products, or vapor products in any form in or on the grounds of any schools, preschools, group child care centers, school age child care centers, family child care centers shall be prohibited.  For the purposes of applying this paragraph, “grounds” shall include, but not be limited to, any buildings, parking lots, playing fields, playgrounds, school buses or other school vehicles, or any off-campus school sponsored or sanctioned events. “School” shall mean any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.;

And is further amended in Section 9 by deleting lines 124 and 125;

And is further amended in Section 14 by deleting in lines 156, 160, 163 and 166 the terms “electronic nicotine delivery products” and inserting in place thereof the term “vapor products”;

And is further amended in in said section by deleting in line 162 the number “6” and inserting in place thereof the number “8”;

And is further amended by deleting in line 165 the term “electronic nicotine products” and inserting in place thereof the term “vapor products”;

And further amended in line 164 after the words “e-liquid,” by adding the words “2 of whom shall be representatives of domestic manufacturers of vapor products,”