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.