2016 -- S 2659

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LC004510

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     

     Introduced By: Senators Ruggerio, Miller, Sosnowski, Gallo, and Crowley

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following section:

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     11-9-22. Packaging of electronic delivery system liquid. -- (a) No liquid, whether or

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not such liquid contains nicotine, that is intended for human consumption and use in an electronic

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nicotine-delivery system, as defined in §11-9-13.4, shall be sold unless the liquid is contained in

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child-resistant packaging.

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     (b) All licensees under §23-1-56 shall ensure that any liquid intended for human

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consumption and use in an electronic nicotine-delivery system, as defined in §11-9-13.4, is sold

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in child-resistant packaging.

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     (c)(l) For the purposes of this section, "child-resistant packaging" means packaging that

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is designed or constructed to be significantly difficult for children under five (5) years of age to

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open or obtain a toxic or harmful amount of the substance contained therein within a reasonable

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time and not difficult for normal adults to use properly, but does not mean packaging which all

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such children cannot open or obtain a toxic or harmful amount within a reasonable time. A liquid,

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as referred to in subsection (a) of this section, enclosed in a package, cartridge, or other container

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that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer

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shall qualify as child-resistant packaging.

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     (2) For purposes of this section, all regulations prescribing standards for "special

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packaging'' of household substances per chapter 24.1 of title 23 now or hereafter adopted under

 

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the authority of the federal poison prevention packaging act are the regulatory standards in this

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state for "child-resistant packaging" as defined in subsection (c)(l) of this section. Provided,

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however, that if any federal statute or federal regulation and/or rule is promulgated prescribing

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standards specifically for child safety packaging for liquid nicotine containers, that federal statute

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or federal regulation and/or rule shall be the regulatory standard under this section as of the

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effective date of any such enacted legislation or final regulation and/or rule.

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     (d) Any licensee or any person required to be licensed under §23-1-56 that fails to

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comply with this section shall be subject to the following penalties:

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     (1) For a first violation, a fine of five hundred dollars ($500).

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     (2) For a second violation, a fine of one thousand dollars ($1,000).

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     (3) A third or subsequent violation will result in a fine of two thousand dollars ($2,000)

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and a suspension of the licensee's license by the department of health for not less than fourteen

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(14) days. The suspension will take effect on the date of the director's written notice of the

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suspension to the licensee. In the written notice of license suspension, the director shall inform

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the licensee that a written request for a hearing on the alleged violation may be filed with the

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director within ten (10) days after service of notice of license suspension. The notice will be

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deemed properly served upon a licensee if a copy of the notice is personally served upon the

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entity or persons, or sent by registered or certified mail to the last known address of that entity or

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persons, or if that entity or persons is served with notice by any other method of service now or

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later authorized in a civil action under the laws of this state. If no written request for a hearing is

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made to the director within ten (10) days of the service of notice, the notice shall automatically

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become a compliance order. All hearings shall be governed by §23-1-22.

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     (e) The licensee is responsible for all violations of this section that occur at the location

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for which the license is issued.

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     (f) No licensee or person shall be found in violation of this section if the licensee or

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person relied in good faith on any documentation provided by or attributed to the manufacturer of

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the packaging of the aforementioned liquid that such packaging meets the requirements of this

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section.

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     (g) The department of health is authorized to promulgate any rules and regulations

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necessary to carry into effect the provisions of this section.

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     SECTION 2. Sections 23-20.9-4 and 23-20.9-5 of the General Laws in Chapter 23-20.9

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entitled "Smoking in Schools" are hereby amended to read as follows:

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     23-20.9-4. Definitions. -- As used in this chapter:

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      (1) "Person" means any person or persons including but not limited to contract or other

 

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workers on school property, school students, school administrators, school employees, school

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faculty, and school visitors.

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      (2) "School or schools" means any non-residential school building, public or private, of

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any city or town or community educational system regulated, directly or secondarily, by the board

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of regents for elementary and secondary education or the department of elementary and

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secondary education or any other state education board or local city or town school board or

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school committee or other legal educational subdivision acting under it. As used in this chapter,

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the term "school or schools" includes but is not limited to school playgrounds, school

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administration buildings, indoor school athletic facilities, school gymnasiums, school locker

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rooms, school buses, other school vehicles, other school buildings whose use is not primarily

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residential, and outside areas within twenty-five (25) feet of any school building.

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      (3) "Governing body" means the body, board, committee or individual, or its designated

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agent(s) or designee(s), responsible for, or which has control over, the administration of any

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elementary or secondary school, public or private, in the state.

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      (4) "Tobacco product usage" means the smoking or use of any substance or item which

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contains tobacco, including but not limited to cigarettes, cigars, pipes, or other smoking tobacco,

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or the use of snuff or smokeless tobacco, or having in one's possession a lighted cigarette, cigar,

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pipe, or other substance or item containing tobacco.

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     (5) "Electronic nicotine-delivery system usage'' means any vaping, inhaling, or use of any

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device defined in §11-9-13.4.

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     23-20.9-5. Regulation of smoking in schools. -- (a) The governing body of each school

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in Rhode Island shall be responsible for the development of enforcement procedures to prohibit

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tobacco product usage and electronic nicotine-delivery system usage by any person utilizing

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school facilities. All facilities used by a school, whether owned, leased or rented, shall be subject

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to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously

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posted in each building.

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      (b) This chapter shall not modify, or be used as a basis for modifying school policies or

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regulations in effect prior to the passage of this chapter if the existing policies or regulations

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prohibit tobacco product usage and electronic nicotine-delivery system usage in the school.

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      (c) All school areas where tobacco product usage is prohibited shall be clearly marked

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with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating

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"Tobacco-Free School -- Tobacco Use Prohibited". All school areas where electronic nicotine-

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delivery system usage is prohibited shall be clearly marked with "nonsmoking area" signs with

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bold block lettering at least three inches (3") high stating "E-Cigarettes and Vapor Devices

 

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Prohibited". There shall be at least one "nonsmoking area" sign, in conformance with the above,

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at every building entrance and in other areas as designated by the governing body. Signs shall

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also be posted in every school bus and every school vehicle. Signs as detailed above shall be

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provided, without charge, by the department of health.

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     SECTION 3. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

***

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     This act would prohibit the sale of liquid that is intended for human consumption and/or

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use in an electronic nicotine-delivery system that is not contained in child-resistant packaging.

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This act would also prohibit the use of electronic nicotine-delivery systems in schools.

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     This act would take effect on January 1, 2017.

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