Amendment ID: S2407-4

Amendment 4

Banning Flavored Vapes

Mr. O'Connor and Ms. Gobi move that the proposed new text be amended by striking the bill in its entirety and replacing it with the following:-

“SECTION 1. Chapter 270 of the General Laws, as so appearing, is hereby amended by inserting the following section:-

SECTION XX. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Electronic nicotine delivery system”, an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that “electronic nicotine delivery system” shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that “electronic nicotine delivery system” shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; and provided further, that “electronic nicotine delivery system” shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.

“Characterizing flavor”, a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale or market or advertise any electronic nicotine delivery system with a characterizing flavor in any retail establishment, online or through any other means to any consumer in the commonwealth.

SECTION 2. This act shall go into effect 30 days after its passage.