The proposed legislation

[Kate]

This is as much as I know at the moment about the legal position. There have been amendments and concessions but it still appears to be a plan to close the nicotine market and hand it to tobacco and pharm companies.

Tom09;190472 Wrote:There are two bills under consideration in Utah:
1st is bill HB88 „Electronic Cigarettes Restrictions“ (Ronda Rudd Menlove)
2nd but more important is bill HB71 „Nicotine Product Restrictions“ (Paul Ray)

Here are the sites for tracking bills HB88 and HB71, respectively:
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0088.htm
http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0071.htm

HB88 would outlaw e-cig sales to minors. No problem. It would also require direct, face-to-face sale of e-cigarettes. Highly critical, however, is HB71:
Bill HB71 (as introduced) would ban the sale of e-cigs (and flavored smokeless tobacco products).

Both bills have been discussed in the House Health and Human Services Committee (1/29).
If interested, you can listen to the recording of the Committee hearing here (the audio starts with HB88 and goes on to HB71).
It turns out that HB71 would ban e-cigarettes (and flavored smokeless tobacco) „by accident“!

It’s presently left to the Committee if they remove the prohibition of e-cigarettes (and flavored moist snuff) or if they move along with it. This question is still open! Bill HB71 is on hold and will be back with amendments in Committee on Tuesday, 2 February 2010, 8:00 AM.

http://www.vapersforum.com/showthread.ph...post190472

Quote:FYI, we plan to amend this bill to exclude the ban on electronic cigarettes when it comes up for a vote this week. A number of us on the HHS committee have discussed this and the sponsor seems to be on board with that idea.
I hope this helps.
Rep. Evan Vickers

http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0071S03.htm

http://le.utah.gov/~2010/pamend/hb0071s03.hfap.01.htm

Quote:76-10-3003. Provision of nicotine product prohibited
[...]
(3) (a) As used in this section, "electronic cigarette" means any device, other than a cigarette or cigar, intended to deliver vapor containing nicotine into a person's respiratory system.
(b) A person is not guilty of an offense under this section if the nicotine product is produced to be, and intended to be, used only to produce vapor in an electronic cigarette.

340-349 are the relevant ones for ecigs here: http://le.utah.gov/~2010/bills/hbillamd/hb0071s03.htm

[Kate]

Here's a bit more background to the proposals although the Nicotine Product Restrictions one may be changed to exclude ecigs:

Quote:The Utah State Legislature is considering two Bills both of which target the electronic cigarette. These Bills will not both be passed in their current form as they contradict each other, however if either gets passed they will effect adult access to electronic cigarettes in Utah.

The first Bill, H.B. 88 – ELECTRONIC CIGARETTE RESTRICTIONS bans the sale of electronic cigarettes to minors. We agree with this portion of the legislation. However it goes on to ban the sale of electronic cigarettes that contain nicotine over the internet. The obvious assumption here is that it is easier for minors to purchase e-cigarettes on the internet. And although this may seem to be rational, consider this:

1) Reputable online retailers of electronic cigarettes collect and store customer information including name, address, and date of birth.

2) Reputable online retailers of electronic cigarettes make consumers take action to verify they are of legal smoking age.

3) Reputable online retailers of electronic cigarettes almost exclusively take credit cards as payment and have the card information verified.

4) Reputable online retailers of electronic cigarettes require a signature to accept delivery of sold products.

5) Electronic cigarette kits have a much higher price tag than a pack of cigarettes. Minors are much more price sensitive as a general rule.

Now consider this; for decades kids have found ways to get tobacco cigarettes. Stealing from parents, having an older friend buy them, having a fake ID, or not getting ID’d at all are pretty common ways for minors to get cigarettes. Compare this to stealing a credit card, having all the associated credit card information, falsely entering stored personal information onto a website, and taking and signing for a delivery without parents finding out. Which sounds more likely to happen?

Limiting access for adult smokers to a non-combustible nicotine product does not protect kids.

The second potential Bill, H.B. 71 – NICOTINE PRODUCT RESTRICTIONS bans all nicotine products in Utah that are not cigarettes, cigars, products that contain actual tobacco or nicotine products approved by the FDA. So, it bans the sale of electronic cigarettes and potentially other nicotine products that aren’t yet classified and don’t actually contain tobacco. The issue here is that there is currently a lawsuit pending against the FDA to determine the classification of the electronic cigarette. Once this is settled, it is likely the electronic cigarette will be included in sellable nicotine products in Utah. However until it is settled, Utah would be denying adult smokers access to electronic cigarettes, which have not been proven to cause any harm, while allowing the sale of tobacco cigarettes, which cause substantial harm to the user.

We believe H.B. 71 is premature and encourage the Utah State Legislature to postpone any law banning the electronic cigarette until such time as it is categorized. Passing a law denying minors access to nicotine products is responsible. Passing a law denying adults smokers alternatives to their deadly tobacco cigarettes is counter productive to public health and common sense.

We encourage all Utah residents who use an electronic cigarette, or believe in the freedom to choose an alternative to a known killer, contact their state representative and the Governor, Gary R. Herbert, to let them know that these two Bills are counterproductive to public health. Let them know about your experience with the electronic cigarette or how smoking tobacco has effected your family.

http://www.e-cig.org/2010/02/05/utah-tak...cigarette/

[Kate]

It looks like the Nicotine Product Restrictions will be up for grabs on Tuesday 16th - http://le.utah.gov/~2010/agenda/SHHS0216.ag.htm

Quote:... to place restrictions on the provision, obtaining, and possession of a nicotine product and to enforce these restrictions.

I predict the beginning of the end of the open nicotine market in the US.

[Kate]

Quote:... HB88 sponsored by Ronda Rudd Menlove, R-Garland, is among four bills targeting new tobacco products generally and is one of two that focus specifically on electronic cigarettes, most of which are available only via the Internet. The Senate approved the bill Thursday...

http://www.deseretnews.com/article/70001...enate.html

Quote: This bill:
15 . defines terms;
16 . makes it a class A misdemeanor to knowingly acquire, use, display, or transfer a
17 false or altered driver license certificate or identification card to procure an
18 electronic cigarette;
19 . provides that the State Board of Education may, and local boards of education and
20 governing boards of charter schools shall, adopt rules that prohibit the illicit use,
21 possession, or distribution of an electronic cigarette;
22 . prohibits an electronic cigarette in a correctional or a mental health facility and
23 provides criminal penalties for violation of this prohibition;
24 . makes it a misdemeanor to provide an electronic cigarette to a person under 19
25 years of age;
26 . makes it a class C misdemeanor for an 18 year old person to buy, attempt to buy,
27 accept, or possess an electronic cigarette;

28 . provides that a person under the age of 18 who buys, attempts to buy, accepts, or
29 has in the person's possession an electronic cigarette is subject to the jurisdiction of
30 the Juvenile Court;
31 . describes when the sale of an electronic cigarette is required to be face-to-face and
32 provides criminal penalties for violation of those requirements;
33 . addresses enforcement of, and investigation of violations of, the provisions of this
34 bill;
35 . describes when free distribution of an electronic cigarette is prohibited and provides
36 criminal penalties for violation of those prohibitions;...

http://le.utah.gov/~2010/bills/hbillamd/hb0088.htm


This makes my blood boil:

Quote:... prohibits an electronic cigarette in a correctional or a mental health facility...

Why are people with mental health problems grouped with criminals?

If you get locked up for having a nervous or psychotic breakdown you're not allowed to vape - that's really civilised of them and conducive to recovery ... not.

Total bigotry, pigdogs.