Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Senators Beach, Ruiz, Assemblywoman Reynolds-Jackson, Assemblyman Houghtaling, Assemblywoman Downey, Assemblymen Benson, S.Kean, DePhillips, Assemblywoman Jimenez, Assemblyman Holley, Assemblywomen Mosquera, Jasey, Assemblyman McKeon and Assemblywoman Lopez
Prohibits sale or distribution of flavored vapor products.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on January 9, 2020, with amendments.
An Act concerning 1[electronic smoking devices] vapor products1 and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No 1[person] retailer1 , either directly or indirectly by an agent or employee, or by a vending machine owned by the 1[person] retailer1 or located in the 1[person's] retailer’s1 establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any 1[electronic smoking device or any cartridge or other component of the device or other related product, including liquid nicotine,] vapor product1 that has a characterizing flavor.
b. A 1[person who] retailer that1 violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than 1[$250] $5001 for the first violation, not less than 1[$500] $1,0001 for the second violation, and 1[$1,000] not less than $2,0001 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. 1In addition to the provisions of subsection b. of this section, the Division of Taxation in the Department of the Treasury:
(1) shall, upon a third and each subsequent violation of the provisions of subsection a. of this section, following a hearing by the municipality, suspend, for a period of not less than three years, the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business; and
(2) notwithstanding the provisions of paragraph (1) of this subsection, upon a fourth or subsequent violation of the provisions of subsection a. of this section, may, upon recommendation by the municipality and following a hearing by the municipality, revoke the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business.
A licensee whose license is subject to suspension or revocation shall additionally be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation.
d. Nothing in this section shall be construed to apply to medical cannabis, medical cannabis products, paraphernalia, or related supplies dispensed to or on behalf of a registered qualifying patient pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.).
e.1 As used in this section:
"Characterizing flavor" means a distinguishable flavor, taste, or aroma 1other than tobacco1 , including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, 1mint, menthol, wintergreen,1 or spice flavoring, that is imparted, prior to or during consumption, by 1[an electronic smoking device or any cartridge or other component of the device or other related] a vapor1 product, including 1[liquid nicotine, or]1 any smoke or vapor emanating from that 1[device or]1 product. 1[An electronic smoking device or any cartridge or other component of the device or other related product, including liquid nicotine,] A vapor product1 shall be deemed to have a characterizing flavor if the 1[device, cartridge, component, or related]1 product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma.
1["Electronic smoking device" means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, hookah, or pipe.
"Liquid nicotine" means any solution containing nicotine which is designed or sold for use with an electronic smoking device.]
“Vapor product” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Vapor product” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. “Vapor product” does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the “Federal Food, Drug, and Cosmetic Act,” 21 U.S.C. s.301 et seq.1
2. This act shall take effect 1[immediately] 90 days after the date of enactment1 .