Amendment #2 to H4479

Definition of tobacco, electronic cigarette and vaping products

Ms. Garlick of Needham moves to amend the bill in SECTION 11, in lines 72-89, by striking out the following:

“Tobacco product”, any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to, cigarettes, cigars, little cigars, pipe tobacco, snuff, and any product or electronic device that contains nicotine or produces a vapor containing nicotine; provided further, that “tobacco product” shall not include a 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.

“Vapor product”, any non-combustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, that can be used to produce vapor intended for human consumption, including but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer or similar product or device and any container containing a consumable material that has been manufactured to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer or similar product or device; provided, however, the term “vapor product” shall not include a tobacco product, as defined in this section, marijuana, as defined in section 1 of chapter 94G, 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 inserting in place there of the following:-

“‘Tobacco product”, a product containing, made or derived from tobacco or nicotine that is  intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled,  snorted, sniffed or ingested by any other means including, but not limited to: cigarettes, cigars,  little cigars, chewing tobacco, pipe tobacco and snuff and electronic cigarettes, electronic cigars,  electronic pipes or other similar products that rely on vaporization or aerosolization; provided,  however, that ‘tobacco product’ shall include any component, part or accessory of a tobacco  product; and provided further, that ‘tobacco product’ shall not include a product that has been  approved by the United States Food and Drug Administration for the sale as a tobacco cessation  product and is marketed and sold exclusively for the approved purpose.”

And further moves that the bill be amended in SECTION 1, in line 3, by striking the words:- “vapor product”

And further moves that the bill be amended in SECTION 3, in line 9, by striking the words:- “and vapor products”

And further moves that the bill be amended in SECTION 4, in lines 12 and 17 by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 5, in line 19, by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 6, in lines 23 and 28 by striking the words:- “or vapor products”

And further moves that the bill be amended by striking SECTION 7, 15, 16 and 17

And further moves that the bill be amended in SECTION 8, in lines 36 and 37 by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 9 by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 10 by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 11, in lines 65, 70, 90, 91 and 93 by deleting the words:- “or vapor product”

And further moves that the bill be amended in SECTION 11, in lines 100-104, by striking:

Section 6A. (a) For purposes of this section, the term “vending machine”, shall mean an automated or mechanical self-service device which, upon insertion of money or other form of payment, dispenses or creates a vapor product.

(b) No person shall use a vending machine for the commercial distribution of vapor products or to otherwise sell vapor products.

And inserting in place there of the following:-

Section 6A. (a) For purposes of this section, ‘tobacco vending machine’, shall mean an automated or mechanical self-service device which, upon insertion of money or other form of payment, dispenses or creates a tobacco product.

(b) No person shall use a tobacco vending machine for the commercial distribution of tobacco products or to otherwise sell tobacco products.

And further moves that the bill be amended in SECTION 14, in line 126 by striking the words:- “or vapor product”

And further moves that the bill be amended in SECTION 14, in line 138 by, striking the words:- ‘“Vapor Product”, a vapor product as defined in section 6.”

And further moves that the bill be amended in SECTION 19, in line 173, by striking the words:- “or vapor product”

And further moves that the bill be amended in SECTION 22, in line 181, by striking the words:- “and vapor products”

And further moves that the bill be amended in SECTION 23, in line 186, by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 23, in lines 188 and 189, by striking the words:- “and vapor products”

And further moves that the bill be amended in SECTION 24, in line 196, by striking the words:- “or vapor products”

And further moves that the bill be amended in SECTION 26, in lines 205 and 207 by striking the words:- “or vapor products”