§ 19a-342a — Use of electronic nicotine or cannabis delivery system or vapor product prohibited. Exceptions. Signage required. Penalties.

Connecticut § 19a-342a

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368m: Nuisances and Public Places

Text

(a) As used in this section: (1) “Any area” means the interior of the facility, building or establishment and the outside area within twenty-five feet of any doorway, operable window or air intake vent of the facility, building or establishment; (2) “Child care facility” means a provider of child care services as defined in section 19a-77 , or a person or entity required to be licensed under section 17a-145 ; (3) “Electronic nicotine delivery system” means an electronic device used in the delivery of nicotine to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid or synthetic nicotine. “Electronic nicotine delivery system” does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed healthcare provider in any setting, or (C) any drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended from time to time, any combination product, as described in said act, 21 USC 353(g), as amended from time to time, or any biological product, as described in 42 USC 262, as amended from time to time, and 21 CFR 600.3, as amended from time to time, authorized for sale by the federal Food and Drug Administration; (4) “Electronic cigarette liquid” does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed health care provider in any setting, or (C) any drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended from time to time, any combination product, as described in said act, 21 USC 353(g), as amended from time to time, or any biological product, as described in 42 USC 262, as amended from time to time, and 21 CFR 600.3, as amended from time to time, authorized for sale by the federal Food and Drug Administration; (5) “Electronic cannabis delivery system” means an electronic device that may be used to simulate smoking in the delivery of cannabis to a person inhaling the device and includes, but is not limited to, a vaporizer, electronic pipe, electronic hookah and any related device and any cartridge or other component of such device. “Electronic cannabis delivery system” does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed health care provider in any setting, or (C) any drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended from time to time, any combination product, as described in said act, 21 USC 353(g), as amended from time to time, or any biological product, as described in 42 USC 262, as amended from time to time, and 21 CFR 600.3, as amended from time to time, authorized for sale by the federal Food and Drug Administration; (6) “Cannabis” means marijuana, as defined in section 21a-240 ; (7) “Liquid nicotine container” means a container that holds a liquid substance containing nicotine that is sold, marketed or intended for use in an electronic nicotine delivery system or vapor product, except “liquid nicotine container” does not include such a container that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer; and (8) “Vapor product” means any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine or cannabis and is inhaled by the user of such product. “Vapor product” does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed health care provider in any setting, or (C) any drug or device, as defined in the Food, Drug and Cosmetic Act, 21 USC 321, as amended from time to time, any combination product, as described in said act, 21 USC 353(g), as amended from time to time, or any biological product, as defined in 42 USC 262, as amended from time to time, and 21 CFR 600.3, as amended from time to time, authorized for sale by the federal Food and Drug Administration. (b) (1) No person shall use an electronic nicotine or cannabis delivery system or vapor product: (A) In any area of a building or portion of a building owned and operated or leased and operated by the state or any political subdivision of the state; (B) in any area of a health care institution, including, but not limited to, a psychiatric facility; (C) in any area of a retail establishment accessed by the public; (D) in any restaurant; (E) in any area of an establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-20a , 30-21 , 30-21b , 30-22 , 30-22a , 30-22c , 30-22g , 30-26 , 30-28 , 30-28a , 30-33a , 30-33b , 30-35a , 30-37a , 30-37eor 30-37f , in any area of establishment with a permit issued for the sale of alcoholic liquor pursuant to section 30-22aa issued after May 1, 2003; (F) in any area of a school building or on the grounds of such school; (G) within a child care facility or on the grounds of such child care facility, except, if the child care facility is a family child care home as defined in section 19a-77 , such use is prohibited only when a child enrolled in such home is present during customary business hours; (H) in any passenger elevator; (I) in any area of a dormitory in any public or private institution of higher education; (J) in any area of a facility equipped with screens for the simulcasting of off-track betting race programs or jai alai games; (K) in any room offered as an accommodation to guests by the operator of a hotel, motel or similar lodging; (L) in any area of a correctional facility, halfway house or residential facility funded by the Judicial Branch; or (M) in any area of a platform or a shelter at a rail, busway or bus station, owned and operated or leased and operated by the state or any political subdivision of the state. For purposes of this subsection, “restaurant” means space, in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served to the public; and “school” has the same meaning as provided in section 10-154a . (2) Subdivision (1) of this subsection shall not apply to the following: (A) Public housing projects, as defined in subsection (b) of section 21a-278a ; (B) any classroom where a demonstration of the use of an electronic nicotine or cannabis delivery system or vapor product is taking place as part of a medical or scientific experiment or lesson; (C) any medical research site where the use of an electronic nicotine or cannabis delivery system or vapor product is integral to the research being conducted; (D) establishments without a permit for the sale of alcoholic liquor that sell electronic nicotine delivery systems, vapor products or liquid nicotine containers on-site and allow their customers to use such systems, products or containers on-site; (E) notwithstanding the provisions of subparagraph (E) of subdivision (1) of this subsection, the outdoor portion of the premises of any permittee listed in subparagraph (E) of subdivision (1) of this subsection, provided, in the case of any seating area maintained for the service of food, at least seventy-five per cent of the outdoor seating capacity is an area in which smoking is prohibited and which is clearly designated with written signage as a nonsmoking area, except that any temporary seating area established for special events and not used on a regular basis shall not be subject to the prohibition on the use of an electronic nicotine or cannabis delivery system or vapor product or the signage requirements of this subparagraph; or (F) any tobacco bar. For purposes of this subdivision, “outdoor” means an area which has no roof or other ceiling enclosure; “tobacco bar” means an establishment with a permit for the sale of alcoholic liquor to consumers issued pursuant to section 30-22a , that, in the calendar year ending December 31, 2002, generated ten per cent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors or, for any tobacco bar that commenced operations during the period beginning January 1, 2003, and ending December 31, 2022, generates at least sixty per cent of the tobacco bar's total annual gross sales from on-site sales of tobacco products, as determined in an annual audit conducted by an independent certified public accountant; and “tobacco product” means cigars and pipe tobacco, and does not include cannabis, cigarettes or chewing tobacco. (c) In each room, elevator, area or building in which the use of an electronic nicotine or cannabis delivery system or vapor product is prohibited by this section, the person in control of the premises shall post or cause to be posted in a conspicuous place signs stating that such use is prohibited by state law. Such signs, except in elevators, restaurants, establishments with permits to sell alcoholic liquor to consumers issued pursuant to chapter 545, hotels, motels or similar lodgings, and health care institutions, shall have letters at least four inches high with the principal strokes of letters not less than one-half inch wide. (d) Any person found guilty of using an electronic nicotine or cannabis delivery system or vapor product in violation of this section, failure to post signs as required by this section or the unauthorized removal of such signs shall have committed an infraction. Nothing in this section shall be construed to require the person in control of a building to post such signs in every room of the building, provided such signs are posted in a conspicuous place in the building. (e) Nothing in this section shall be construed to require the designation of any area for the use of electronic nicotine or cannabis delivery system or vapor product inside or outside any building or the entryway to any building or on any property. (f) The provisions of this section shall supersede and preempt the provisions of any municipal law or ordinance relative to the use of an electronic nicotine delivery system or vapor product effective prior to, on or after October 1, 2015.

Legislative History

(P.A. 15-206, S. 1; 15-227, S. 25; P.A. 17-146, S. 36; P.A. 19-13, S. 18, 22; P.A. 21-175, S. 21; June Sp. Sess. P.A. 21-1, S. 87; P.A. 22-92, S. 2; 22-118, S. 511; P.A. 23-103, S. 3; P.A. 24-1, S. 10; 24-85, S. 4.) History: Pursuant to P.A. 15-227, “child day care services” and “family day care home” were changed editorially by the Revisors to “child care services” and “family child care home”, respectively, effective July 1, 2015; P.A. 17-146 amended Subsec. (a)(4) by redefining “vapor product” and amended Subsec. (b)(2) by making a technical change in Subpara. (D) and adding new Subpara. (E) re medical research site, and redesignating existing Subparas. (E) to (H) as Subparas. (F) to (I); P.A. 19-13 amended Subsec. (a) by redefining “electronic nicotine delivery system” in Subdiv. (2) and redefining “vapor product” in Subdiv. (4) and amended Subsec. (b)(1) by replacing “while school is in session or student activities are being conducted” with “or on the grounds of such school” in Subpara. (F), adding “or on the grounds of such child care facility” in Subpara. (G) and adding provision defining “school”; P.A. 21-175 amended Subsec. (b)(1) by adding Subpara. (K), codified by the Revisors as Subpara. (M), re platform or shelter at a rail, busway or bus station and making a technical change; June Sp. Sess. P.A. 21-1 amended Subsec. (a) by deleting reference to P.A. 15-206, adding new Subdiv. (1) defining “any area”, redesignating existing Subdivs. (1) and (2) as Subdivs. (2) and (3), amending redesignated Subdiv. (3) by redefining “electronic nicotine delivery system”, adding new Subdiv. (4) defining “electronic cigarette liquid”, adding Subdivs. (5) and (6) defining “electronic cannabis delivery system” and “cannabis”, redesignating existing Subdivs. (3) and (4) as Subdivs. (7) and (8) and amending Subdiv. (8) by redefining “vapor product”, amended Subsec. (b) by adding “or cannabis” in Subdiv. (1), adding “area of a” in Subparas. (A) and (I), adding reference to psychiatric facility in Subpara. (B), replacing “food store” with “establishment accessed by the public” in Subpara. (C), replacing “within” with “in any area of” in Subpara. (F), adding “during customary business hours” in Subpara. (G), deleting provision re prohibition on arrest for violation if no sign in elevator re smoking prohibition in Subpara. (H), adding Subpara. (K) re room offered for accommodation and Subpara. (L) re correctional or residential facility or halfway house, amended Subsec. (b)(2) by replacing reference to this section with reference to Subsec. (b)(1), deleting former Subparas. (A) and (B) re correctional facilities and psychiatric facilities, redesignating existing Subparas. (C) to (F) as Subparas. (A) to (D), adding reference to cannabis in redesignated Subparas. (B) and (E), deleting former Subpara. (G) re employee smoking rooms, redesignating existing Subparas. (H) and (I) as Subparas. (E) and (F), redefining “tobacco product” to exclude cannabis and by making technical changes, deleted former Subsec. (c) re operator of hotel, motel or lodging, redesignated existing Subsecs. (d) to (g) as Subsecs. (c) to (f), amended redesignated Subsecs. (c) to (e) by adding references to “cannabis”, amended redesignated Subsec. (d) to add provision re construction of sign requirement, and amended redesignated Subsec. (e) by replacing “in” with “inside or outside” and adding references to entryway and on any property; P.A. 22-92 amended Subsec. (b)(1)(E) by replacing “section 30-23” with “section 30-22aa” and deleting “, or the bar area of a bowling establishment holding a permit pursuant to subsection (a) of section 30-37c”, effective May 24, 2022; P.A. 22-118 made identical changes as P.A. 22-92, effective May 7, 2022; P.A. 23-103 made a technical change in Subsec. (b)(1)(M) and amended Subsec. (b)(2)(F) by eliminating condition re tobacco bar's expansion in size or change in location from size or location as of October 1, 2015, redefining “tobacco bar” to substitute reference to Sec. 30-22a for reference to Ch. 545, substituting December 31, 2002, for December 31, 2015, and adding provisions re tobacco bars that commenced operations during period beginning January 1, 2003, and ending December 31, 2022, redefining “tobacco product” to exclude cigarettes and chewing tobacco and making technical and conforming changes; P.A. 24-1 amended Subsec. (b)(1)(J) by deleting provision re dog race tracks; P.A. 24-85 amended Subsec. (b)(1)(E) by adding reference to Sec. 30-22g, effective July 1, 2024.