2022 -- H 7869

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LC005423

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

     Introduced By: Representative Stephen M. Casey

     Date Introduced: March 04, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-1-55 and 23-1-58 of the General Laws in Chapter 23-1 entitled

"Department of Health" are hereby amended to read as follows:

     23-1-55. Electronic nicotine delivery system distributor, and dealer licenses required

-- Definitions.

     Definitions. Whenever used in §§ 23-1-56 to 23-1-58 23-1-59, unless the context requires

otherwise:

     (1) "Contraband" means any electronic nicotine-delivery system found to be in violation

of any provision of chapter 20 of title 44 of the general laws.

     (1)(2) "Dealer" means any person, whether located within or outside of this state, who sells

or distributes electronic nicotine-delivery system products to a consumer in this state;

     (2)(3) "Distributor" means any person:

     (i) Whether located within or outside of this state, other than a dealer, who sells or

distributes electronic nicotine-delivery system products within or into this state. Such term shall

not include any electronic nicotine-delivery system products manufacturer, export warehouse

proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine-

delivery system products in this state only to licensed distributors or to an export warehouse

proprietor or another manufacturer with a valid permit;

     (ii) Selling electronic nicotine-delivery system products directly to consumers in this state

by means of at least twenty-five (25) electronic nicotine-delivery system product vending

machines;

     (iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery

system products or any person engaged in the business of selling electronic nicotine-delivery

system products to dealers, or to other persons, for the purpose of resale only; provided that seventy-

five percent (75%) of all electronic nicotine-delivery system products sold by that person in this

state are sold to dealers or other persons for resale and selling electronic nicotine-delivery system

products directly to at least forty (40) dealers or other persons for resale; or

     (iv) Maintaining one or more regular places of business in this state for that purpose;

provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products

are purchased directly from the manufacturer and selling electronic nicotine-delivery system

products directly to at least forty (40) dealers or other persons for resale;

     (3)(4) "Electronic nicotine-delivery system" means the products as defined in § 11-9-

13.4(6).

     (5) "Flavored electronic nicotine-delivery system" means any electronic nicotine-delivery

system that imparts a distinguishable taste or aroma, other than the taste or smell of tobacco, or

menthol, either prior to, or during, consumption of an electronic nicotine-delivery system,

including, but not limited to, tastes or aromas relating to any fruit, mint, wintergreen, chocolate,

vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice. The determination of

whether an electronic nicotine-delivery system is flavored shall not be based solely on the use of

additives, flavorings, or particular ingredients, but shall instead consider all aspects of a final

product including, but not limited to, taste, flavor and aroma, product labeling, and advertising

statements. An electronic nicotine-delivery system shall be presumed to be flavored if a dealer or

distributor has made a statement or claim directed to consumers or the public about such flavor,

whether expressed or implied, that it has a distinguishable taste or aroma (other than the taste or

aroma of tobacco).

     23-1-58. Penalty for operating without a dealer license.

     (a) Any individual or business who violates this chapter by selling or conveying an

electronic nicotine-delivery system product without a retail license, or any dealer who sells or offers

to sell an electronic nicotine-delivery system in violation of § 23-1-59, shall be cited for that

violation and shall be required to appear in district court for a hearing on the citation.

     (b) Any individual or business cited for a violation hereunder shall:

     (1) Either post a five hundred dollar ($500) bond with the district court within ten (10) days

of the citation; or

     (2) Sign and accept the citation indicating a promise to appear in court.

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     (c) An individual or business who or that has accepted the citation may:

     (1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days

after receiving the citation; or

     (2) If that individual or business has posted a bond, forfeit the bond by not appearing at the

scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or

forfeits the bond, that individual or business is deemed to have admitted the cited violation and to

have waived the right to a hearing on the issue of commission on the violation.

     (d) The court, after a hearing on a citation, shall make a determination as to whether a

violation has been committed. If it is established that the violation did occur, the court shall impose

a five hundred dollar ($500) fine in addition to any court costs or fees.

     SECTION 2. Chapter 23-1 of the General Laws entitled "Department of Health" is hereby

amended by adding thereto the following section:

     23-1-59. Electronic nicotine delivery system sales restrictions.

     (a) The sale or offer for sale of any flavored electronic nicotine-delivery systems to

consumers within the State of Rhode Island is hereby prohibited. Any flavored electronic nicotine-

delivery system that receives a marketing order from the United States Food and Drug

Administration under 21 U.S.C. § 387j shall be exempt from this provision. Compassion centers

and licensed cultivators registered with the Rhode Island department of business regulations shall

also be exempt from this provision.

     (b) Any electronic nicotine-delivery system found to be in violation of this chapter shall be

considered contraband and subject to the confiscation provisions outlined in § 44-20-15.

     (c) Any dealer found to be selling or offering for sale an electronic nicotine-delivery system

in violation of this chapter shall be subject to the penalties outlined in §§ 23-1-58, 44-20-35, 44-

20-51, or 44-20-51.1.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

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     This act would prohibit the sale or offer for sale and would provide penalties for the sale

of any flavored electronic nicotine-delivery system.

     This act would take effect upon passage.

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