ARIZONA HOUSE OF REPRESENTATIVES

SB 1009: tobacco products; electronic smoking devices

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: Health & Human Services

Overview

Defines electronic smoking device, expands the definition of tobacco product(s) and prescribes requirements for delivery sales of electronic smoking devices.

History

Current statute defines a tobacco product as cigars, cigarettes, cigarette papers, smoking tobacco and chewing tobacco of any kind. Vapor product is defined as a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges (A.R.S. § 13-3622).

Provisions

1. Defines electronic smoking device (Device) as:

a. A Device that can be used to deliver aerosolized or vaporized nicotine to a person who inhales from the Device and any component, part or accessory of the Device, whether sold separately or not; and

b. Any substance intended to be aerosolized or vaporized during its use. (Sec. 1, 2, 3)

2. Expands the definition of tobacco product(s) to include:

a. Any product that is made or derived from tobacco or that contains nicotine intended for human consumption;

b. Pipe tobacco, shisha, snuff, snus, and a Device;

c. Any component, accessory, instrument or paraphernalia that is used in the consumption of a tobacco product, whether it contains nicotine or not, or that is solely designed for the smoking or ingesting of tobacco or shisha. (Sec. 1, 2)

3. Excludes from the definition of tobacco product(s):

a. Drugs, devices or combination products that are authorized for sale by the United States Food and Drug Administration (FDA) (Sec. 1, 2); and

b. Devices in relation to delivery sales. (Sec. 3)  

4. Requires an electronic smoking device retailer (Retailer) that sells a Device to another person to use an independent third-party age verification service to establish that the person is 21 years of age or older. (Sec. 4)

5. Directs a Retailer to register with and provide information to the Attorney General as follows:

a. The individual's full name;

b. The Retailer's trade name;

c. The address and telephone number of the Retailer's principal place of business;

d. The Retailer's e-mail and website address; and

e. The name, address and telephone number for any agent in this state that is authorized to accept service on behalf of the Retailer that is registering. (Sec. 4)

6. Requires a Retailer to place a warning in a clear and conspicuous manner on the outside of each shipping container that contains an electronic smoking device. (Sec. 4)

7. Outlines the contents of the warning that must appear on each shipping container. (Sec. 4)

8. Removes the definition of vapor product. (Sec. 1)

9. Makes technical and conforming changes. (Sec. 1, 2, 3)

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13. Fifty-fourth Legislature                       SB 1009

14. First Regular Session                            Version 1: Health and Human Services

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