Bill Text: MI HB4997 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Tobacco; retail sales; sale of electronic cigarette or any oral device that provides vapor nicotine to minors; prohibit. Amends title & secs. 1, 2 & 4 of 1915 PA 31 (MCL 722.641 et seq.).
Spectrum: Partisan Bill (Republican 21-0)
Status: (Vetoed) 2014-12-31 - Vetoed By The Governor 01/16/2015 2014 Addenda [HB4997 Detail]
Download: Michigan-2013-HB4997-Engrossed.html
HB-4997, As Passed Senate, June 12, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4997
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending section 4 (MCL 722.644), as amended by 2006 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. As used in this act:
(a) "Alternative nicotine product" means a noncombustible
product containing nicotine that is intended for human consumption,
whether chewed, absorbed, dissolved, or ingested by any other
means. Alternative nicotine product does not include a tobacco
product, a vapor product, or a product regulated as a drug or
device by the United States food and drug administration under
subchapter V of the federal food, drug, and cosmetic act, 21 USC
351 to 360eee-4.
(b) (a)
"Minor" means an
individual under who is
less than 18
years of age.
(c) "Person who sells vapor products or alternative nicotine
products at retail" means a person whose ordinary course of
business consists, in whole or in part, of the retail sale of vapor
products or alternative nicotine products.
(d) (b)
"Person who sells tobacco
products at retail" means a
person whose ordinary course of business consists, in whole or in
part, of the retail sale of tobacco products subject to state sales
tax.
(e) (c)
"Public place" means a
public street, sidewalk, or
park or any area open to the general public in a publicly owned or
operated building or public place of business.
(f) (d)
"Tobacco product" means a
product that contains
tobacco and is intended for human consumption, including, but not
limited to, cigarettes, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars. Tobacco
product does not include a vapor product, an alternative nicotine
product, or a product regulated as a drug or device by the United
States food and drug administration under subchapter V of the
federal food, drug, and cosmetic act, 21 USC 351 to 360eee-4.
(g) (e)
"Use a tobacco product, vapor product, or alternative
nicotine product" means to smoke, chew, suck, inhale, or otherwise
consume a tobacco product, vapor product, or alternative nicotine
product.
(h) "Vapor product" means a noncombustible product containing
nicotine that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means,
regardless of shape or size, that can be used to produce vapor from
nicotine in a solution or other form. Vapor product includes an
electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device and a vapor cartridge
or other container of nicotine in a solution or other form that is
intended to be used with or in an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device. Vapor product does not include a product regulated as a
drug or device by the United States food and drug administration
under subchapter V of the federal food, drug, and cosmetic act, 21
USC 351 to 360eee-4.
Enacting section 1. This amendatory act takes effect 60 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law.
(a) Senate Bill No. 667.
(b) Senate Bill No. 668.
