Amendment #1259 to H4600

Synthetic Nicotine Tax Loophole

Ms. Decker of Cambridge moves to amend the bill by adding the following section:

"SECTION XXXX. Section 1 of Chapter 64C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking the words “Whenever used in this chapter or chapter sixty-two C, unless the context otherwise requires, the word ''cigarette'' shall include within its meaning, without limitation, little cigars and smokeless tobacco; and the words ''smokeless tobacco'' shall mean snuff, snuff flour and any other tobacco or tobacco product prepared in such manner as to be suitable for chewing, including, but not limited to cavendish, plug, twist and fine-cut tobaccos. The provisions of sections twenty-nine to thirty-nine, inclusive, however, shall not apply to smokeless tobacco.” and inserting in place thereof the following paragraph:-

Whenever used in this chapter or chapter sixty-two C, unless the context otherwise requires, the word ''cigarette'' shall include within its meaning, without limitation, little cigars and smokeless tobacco; and the words ''smokeless tobacco'' shall mean any product containing or made or derived from tobacco or nicotine, and that is intended for human consumption without combustion whether chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to snuff, snuff flour, cavendish, plug, twist and fine-cut tobaccos, and nicotine pouches. The words “smokeless tobacco” shall exclude electronic nicotine delivery systems subject to tax under Section 7E of this Chapter, and also shall exclude any product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco or nicotine cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose. The provisions of Sections 29 to 38 of this Chapter, inclusive, however, shall not apply to smokeless tobacco, as defined herein.

Additional co-sponsor(s) added to Amendment #1259 to H4600

Synthetic Nicotine Tax Loophole