Bill Text: MI HB5393 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Tobacco; retail sales; sales to minors; prohibit sale of electronic cigarette or any oral device that provides vapor nicotine, and require electronic cigarettes to be sold in child-proof containers. Amends sec. 4 of 1915 PA 31 (MCL 722.644) & adds sec. 2b.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-03-06 - Printed Bill Filed 03/06/2014 [HB5393 Detail]

Download: Michigan-2013-HB5393-Introduced.html

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HOUSE BILL No. 5393

 

March 5, 2014, Introduced by Reps. Haines, Haveman, Lori, Schor, Stallworth, Cavanagh, Slavens, Segal, LaVoy, Potvin, Heise and Yanez and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1915 PA 31, entitled

 

"Youth tobacco act,"

 

by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and

 

by adding section 2b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2b. (1) A person shall not sell in this state an

 

electronic smoking device or other similar product that relies on

 

vaporization or aerosolization of nicotine, or a component of any

 

of these, unless the device, product, or component is packaged in a

 

child-resistant container that meets the requirements of the poison

 

prevention packaging act of 1970, Public Law 91-601, and of 16 CFR

 

part 1700.

 

     (2) A person who violates subsection (1) is guilty of a

 

misdemeanor punishable by a fine of not more than $50.00 for each

 

violation.

 

     Sec. 4. As used in this act:

 

     (a) "Electronic smoking device" means a product that contains

 

or delivers nicotine or another similar substance that is intended

 

for human consumption and that can be used by an individual to

 

simulate smoking through inhalation of vapor or aerosol from the

 

product. Electronic smoking device includes a component part of an

 

electronic smoking device, regardless of whether the component part

 

is sold separately.

 

     (b) (a) "Minor" means an individual under who is less than 18

 

years of age.

 

     (c) (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.

 

     (d) (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.

 

     (e) (d) "Tobacco product" means a product that contains or is

 

made or derived from tobacco, nicotine, or another similar

 

substance and that is intended for human consumption, including,

 

whether smoked, heated, chewed, absorbed, dissolved, inhaled,

 

snorted, sniffed, or ingested by any other means. Tobacco product

 

includes, but is 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, little cigars, chewing tobacco, pipe tobacco,

 

snuff, snus, or electronic smoking devices or other similar

 

products that rely on vaporization or aerosolization. Tobacco

 

product includes a component part of a tobacco product regardless

 

of whether the component is sold separately. Tobacco product does

 

not include a product specifically approved by the United States

 

food and drug administration for sale as a tobacco cessation

 

product that is being marketed and sold solely for the approved

 

purpose.

 

     (f) (e) "Use a tobacco product" means to smoke, chew, suck,

 

inhale, or otherwise consume a tobacco product.