Vote Smart's Synopsis:

Vote to pass a bill that prohibits flavored tobacco and vaping products.

Highlights:

• Prohibits any person, retailer, or manufacturer from selling, distributing, offering for sale, or advertising any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to a consumer in the state (Sec. 23).

• Defines “flavored tobacco product” as any tobacco product that contains a constituent that has or produces a characterizing flavor (Sec. 23).

• Defines “characterizing flavor” as a distinguishable taste or aroma, other than the taste or aroma of tobacco, detectable either prior to 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, minter, wintergreen, herb or spice (Sec. 23).

• Establishes a tax on an electronic nicotine delivery system at a rate of 75 percent of the wholesale price, and will be imposed on a distributor at the time that the electronic nicotine delivery system is manufactured, purchased, imported, received, or acquired in the state (Sec. 15).

• Defines “electronic nicotine delivery system” as an electronic device 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, vaping pens, and hookah pens (Sec. 15).

• Specifies that a person who sells, offers for sale, or possesses with intent to sell an electronic nicotine delivery system or otherwise acts as an electronic nicotine delivery system distributor or retailer without being licensed as such, will be subject to a civil penalty of up to $5,000 for the first offense and up to $25,000 for a second or subsequent offense (Sec. 15).

• Specifies that a person who sells or solicits orders for electronic nicotine delivery systems to be shipped, mailed, or otherwise sent or brought into the state to any person who is not a licensed distributor or retailer will be subject to a civil penalty of up to $5,000 for the first offense and up to $25,000 for a second or subsequent offense (Sec. 15).

Full Bill Text