Bryan M. Haynes, Esq. Partner, Troutman Sanders Tobacco Practice. Copyright 2014 Troutman Sanders LLP. All Rights Reserved.

Transcription

1 Bryan M. Haynes, Esq. Partner, Troutman Sanders Tobacco Practice Copyright 2014 Troutman Sanders LLP.

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14 [1] A minor is anyone under the age of 18, unless otherwise specified. Youth Access State Bill Summary Status (as of May 1, California A.B Ban the sale of electronic cigarettes to minors Pending Delaware H.B. 241 Prohibits sale of tobacco substitutes (including e-cigs) to minors. Pending (passed house; before the Senate on 4/29/14) Indiana H.B Prohibits sale of electronic cigarettes to minors. Enacted/Signed by Governor Iowa H.B. 2109; S.B Prohibits sale of vapor products (includes e-cigs) to minors. Pending (H.B as of 4/29/14) No action on S.B since January 2014 Kentucky H.B. 267 H.B. 299 Prohibits sale of electronic cigarettes to minors. Prohibits sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Pending (in House Committee since February Pending (in House Committee since February Kentucky S.B. 109 S.B. 112 Prohibits sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Prohibits sale of electronic cigarettes to minors. Enacted/Signed by Governor Pending (in Senate Committee since February Louisiana H.B. 835; H.B Prohibits sale of electronic cigarettes and vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Pending ( H.B. 385 in House Committee since February 2014; H.B referred to Senate 4/29/14) Michigan H.B. 4997; H.B. 5007; S.B. 668 Prohibits sale of electronic cigarettes or any oral device that provides vapor nicotine to minors. Pending (H.B on House floor in March 2013; H.B in House Committee since September 2013; S.B. 668 on House floor in March 2013) Copyright 2014 Troutman Sanders LLP.

15 [1] A minor is anyone under the age of 18, unless otherwise specified. Youth Access Cont d. State Bill Summary Status (as of May 1, Missouri H.B. 1690; S.B. 337; S.B. 841 Prohibits sale of alternative nicotine or vapor products to minors (H.B also prohibits use of those products in any public elementary or secondary school building). Nebraska L.B. 861 Prohibits minors from using vapor products (includes e-cigs, e- cigars, e-cigarillos and e-pipes). Pending (H.B pending in Senate Committee on 4/23/14; S.B. 337 referred to Senate Committee in February 2013; S.B. 841 passed Senate and referred to House Committee) Pending in Committee since February 2014 New Jersey S.B. 602 Raises the minimum age for purchase and sale of tobacco products and electronic smoking devices from age 19 to age 21. North S.B. 530 Prohibits the distribution of tobacco-derived products and vapor Carolina H.B. 864 products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Prohibits the distribution of tobacco-derived products and vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes) to minors. Oklahoma S.B Prohibits the sale of vapor products (includes e-cigs, e-cigars, e- cigarillos and e-pipes) to minors. Oregon H.B Prohibits use of vapor products (includes e-cigs) by minors and sale of vapor products to minors. Pending (in a Senate committee since January Enacted/Signed by Governor Pending (assigned to House Committee on 4/15/14) Enacted/Signed by Governor In committee upon adjournment on March 10 th Rhode Island S.B. 622 Would amend the criminal and tax law on cigarettes and tobacco to include all tobacco-derived products and vapor products (includes e- cigs) among those that are subject to tax and prohibited by minors. Vetoed by Governor Rhode Island H.B Amends definition of tobacco products to include electronic cigarettes for purpose of access by minors. Held over Virginia H.B. 218 Adds vapor products to the definition of tobacco products and prohibits the sale of tobacco products to minors Enacted/Signed by Governor Copyright 2014 Troutman Sanders LLP.

16 [1] A minor is anyone under the age of 18, unless otherwise specified. Public Places State Bill Summary Status (as of May 1, Hawaii S.B S.B. 2871; H.B Prohibits use of e-cigarettes in enclosed public areas. Prohibits use of electronic smoking devices in places where smoking Pending (Senate disagreed to House amendments 4/10/14) is prohibited. Kentucky H.B. 173; H.B. 190; S.B. 117 Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Both S.B and H.B Failed Pending (last action on all February H.B. 173 on House floor; H.B. 190 in House Committee; S.B. 117 referred to Senate Committee) Maryland H.B Subjects e-cigarettes to the general public smoking ban Pending (Referred to House Committee in March Minnesota H.B Prohibits electronic cigarettes in buildings owned by the state Pending (House floor) New York S.B Makes restrictions relating to smoking in public areas applicable to electronic cigarettes Pending (referred to Senate Committee in February North Dakota H.B Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Enacted/Signed by Governor Oregon H.B Subjects e-cigarettes to the general public smoking ban. In committee upon adjournment on March 7, 2014 South Carolina H.B Prohibits use of an electronic cigarette in public places. Pending (referred to House Committee in January North Dakota H.B Defines smoking to include use of electronic cigarettes and prohibits smoking in public places and places of employment. Enacted/Signed by Governor San Francisco Ban use of electronic cigarettes in public places Passed/signed by Mayor 3/27/2014 Philadelphia To include electronic cigarettes in city s public smoking ban Passed/signed by Mayor 4/9/2014 Copyright 2014 Troutman Sanders LLP.

17 [1] A minor is anyone under the age of 18, unless otherwise specified. Taxation State Bill Summary Status (as of May 1, Hawaii S.B Subjects e-cigarettes to a special excise tax in an undefined percentage of Failed the wholesale price (liquid and electronics). Indiana H.B Amends definition of tobacco products to include e-cigarettes so they are taxed. Pending (referred to House Committee in January Kentucky H.B. 319 H.B. 220 Imposes a floor stock tax of 15 % of the purchase price of electronic cigarettes. Defines e-cigarettes as tobacco products for tax purposes, imposing a tax 40% of the price from the distributor to the retailer. New Jersey S.B Imposes wholesale sales tax on electronic cigarettes and similar nicotine delivery products. New York New York S.B. 6255; A.B S.B. 6610; A.B Exempts electronic cigarettes from taxation. Provides for the taxation of electronic cigarette replacement cartridges as tobacco products. Oklahoma H.B Imposes excise tax on personal property related to vapor products (includes e-cigs, e-cigars, e-cigarillos and e-pipes). Oklahoma S.B Prohibits the imposition of state excise taxes on vapor products (includes e- cigs, e-cigars, e-cigarillos and e-pipes). Oregon H.B Expands the definition of tobacco products for purpose of tax to include electronic cigarettes and nicotine solution. Pending (referred to House Committee in February Pending (referred to House Committee in January Pending (referred to Senate Committee in March Pending (S.B referred to Senate Committee in March 2014 ; A.B in Committee since February Pending (S.B referred to Senate Committee in February 2014; A.B in Committee since January Pending (referred to House Committee in February Pending (passed Senate and referred to House Committee in March In committee upon adjournment on March 10 th Rhode Island South Carolina H.B H.B Creates a new category of electronic cigarettes subject to tobacco products tax, but does not specify the applicable tax. The rate could be the same as applicable to tobacco products, which is 80% of the wholesale cost. Imposes a tax of 5 cent per millimiter of consumable material in the vapor product (includes e-cigs). Pending (referred to House Committee in January Pending (introduced 4/30/14) Copyright 2014 Troutman Sanders LLP.

18 [1] A minor is anyone under the age of 18, unless otherwise specified. Taxation Cont d State Bill Summary Status (as of May 1, Utah S.B. 12 Makes it unlawful for individuals less than 21 to possess or purchase Failed to pass the Senate tobacco and related products (includes e-cigarettes). Washington H.B Imposes a 75% tax. Pending (passed House Committee) Wisconsin A.B. 481 Tax all tobacco products at a rate equal to or greater than the cigarette tax rate. Miscellaneous Failed 4/8/14 State Bill Summary Status (as of May 1, Connecticut H Requires e-cigarette packages to have conspicuous labels (at least 17 point font) Pending (referred to House Committee in February Illinois H.B Requires electronic cigarette cartridges and liquids to be sold in special packaging. Pending (Passed House; awaiting Senate review 4/30/14) Illinois H.B. 5868; SB 3268 Prohibits self-service displays of e-cigarettes except in adult-only venues. Pending (H.B passed House, awaiting review by Senate Committee 4/30/14; S.B referred to Senate Committee in March Iowa H.B Prohibits self-service displays of e-cigarettes Pending (referred to House Committee in February Michigan S.B To amend the definition of tobacco products to include electronic cigarettes. Died New York S.B. 6255; A.B Includes electronic cigarettes within the definition of smoking. Pending (S.B referred to Senate Committee in March 2014 ; A.B in Committee since February Oregon H.B Bans self-service displays of e-cigarettes except in adult-only venues. In committee upon adjournment on March 7, 2014 Utah H.B. 112 Bans remote sale, sampling and self service displays of e-cigarettes Passed Senate with Substitutes, sent to House for concurrence; Enacting Clause Struck Washington S.B Bans remote sales to consumers and sampling of e-cigarettes by including Pending (referred to Senate Committee in Feb them within the definition of tobacco products. Vermont H.B. 632 BANS the sale or possession of electronic cigarettes. Pending (referred to House Committee in Jan Copyright 2014 Troutman Sanders LLP.

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