§ 21a-415

Connecticut § 21a-415

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 420g: Electronic Nicotine Delivery Systems and Vapor Products

Text

Electronic nicotine delivery systems and vapor products. Definitions. Dealer registration. Renewal. Fees. Penalties. (a) As used in this chapter and section 53-344: (1) “Authorized owner” means the owner or authorized designee of a business entity that is applying for a registration or is registered with the Department of Consumer Protection pursuant to this chapter; (2) “Business entity” means any corporation, limited liability company, association, partnership, sole proprietorship, government, governmental subdivision or agency, business trust, estate, trust or any other legal entity; (3) “Dealer registration” means an electronic nicotine delivery system certificate of dealer registration issued by the Commissioner of Consumer Protection pursuant to this section; (4) “Manufacturer registration” means an electronic nicotine delivery system certificate of manufacturer registration issued by the Commissioner of Consumer Protection pursuant to section 21a-415a to any person who mixes, compounds, repackages or resizes any nicotine-containing electronic nicotine delivery system or vapor product; (5) “Electronic cigarette liquid” means a liquid that, when used in an electronic nicotine delivery system or vapor product, produces a vapor that may or may not include nicotine and is inhaled by the user of such electronic nicotine delivery system or vapor product; (6) “Electronic nicotine delivery system” means an electronic device used in the delivery of nicotine or other substances 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; (7) “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 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 federal 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 United States Food and Drug Administration; (8) “Sale” or “sell” means an act done intentionally by any person, whether done as principal, proprietor, agent, servant or employee, of transferring, or offering or attempting to transfer, for consideration, including bartering or exchanging, or offering to barter or exchange; and (9) “Deliver” or “delivering” means an act done intentionally by any person, whether as principal, proprietor, agent, servant or employee, of transferring, or offering or attempting to transfer, physical possession or control of an electronic nicotine delivery system or vapor product. (b) No person in this state may sell, offer for sale or possess with intent to sell an electronic nicotine delivery system or a vapor product unless such person is employed by, an agent of or directly affiliated with a business entity that maintains a dealer registration issued by the Commissioner of Consumer Protection pursuant to this section. A separate dealer registration shall be required for each place of business where such system or product is sold, offered for sale or possessed with the intent to sell. A dealer registration shall allow the sale of electronic nicotine delivery systems or vapor products at such place of business. A holder of a dealer registration shall post such registration in a prominent location adjacent to electronic nicotine delivery system products or vapor products offered for sale. (c) (1) Any applicant for a dealer registration or a renewal of a dealer registration shall apply to the Department of Consumer Protection, in a form and manner prescribed by the Commissioner of Consumer Protection, which application shall include, at a minimum, the name, address and electronic mail address of the applicant, the location of the business entity that is to be operated under such dealer registration, the name of an authorized owner and such authorized owner's contact information, the name of a manager or supervisor who is or will be physically present at the applicant's location or proposed location, and a certification that an authorized owner or named designee of the applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719 . The Department of Consumer Protection: (A) May require that an applicant submit documents sufficient to establish that state and local building, fire and zoning requirements will be met at the location of any sale; (B) may, in the department's discretion, conduct an investigation to determine whether a dealer registration shall be issued to an applicant; and (C) shall not issue a dealer registration or a renewal of a dealer registration to an applicant unless the applicant certifies that an authorized owner or named designee of the applicant has successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719 . (2) The commissioner shall issue a dealer registration to any such applicant not later than thirty days after the date of application unless the commissioner finds: (A) The applicant has wilfully made a materially false statement in such application or in any other application made to the commissioner; (B) the applicant has neglected to pay any taxes due to this state; or (C) the authorized owner or named designee of the applicant has not successfully completed the online prevention education program administered by the Department of Mental Health and Addiction Services pursuant to section 17a-719 . (3) A dealer registration issued under this section shall be renewed annually and may be suspended or revoked at the discretion of the Department of Consumer Protection. Any applicant or business entity aggrieved by a denial of an application, refusal to renew a dealer registration or suspension or revocation of a dealer registration may appeal in the manner prescribed for permits under section 30-55 . A dealer registration shall not constitute property, nor shall it be subject to attachment and execution, nor shall it be alienable. (4) The applicant shall pay to the department a nonrefundable application fee of seventy-five dollars, which fee shall be in addition to the annual fee prescribed in subsection (d) of this section. An application fee shall not be charged for an application to renew a dealer registration. (d) The annual fee for a dealer registration shall be eight hundred dollars, except that the annual fee shall be four hundred dollars for any person holding a dealer registration who also holds any additional dealer registrations issued by the department under this chapter. (e) The department may renew a dealer registration issued under this section that has expired if the applicant pays to the department any late fee imposed by the commissioner pursuant to subsection (c) of section 21a-4 , which late fee shall be in addition to the fees prescribed in this section for the dealer registration applied for. The provisions of this subsection shall not apply to any dealer registration which is the subject of administrative or court proceedings. (f) (1) Any business entity in the state that sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product without a dealer registration as required under this section shall be fined not more than fifty dollars for each day of such violation, except that the commissioner may waive all or any part of such fine if it is proven to the commissioner's satisfaction that the failure to obtain or renew such dealer registration was due to reasonable cause. (2) Notwithstanding the provisions of subdivision (1) of this subsection, any business entity with a dealer registration that has expired for a period of ninety calendar days or less and that, during such ninety-day period, sells, offers for sale or possesses with intent to sell an electronic nicotine delivery system or vapor product shall have committed an infraction and shall be fined ninety dollars for each day such business entity is in violation of the provisions of this subdivision. (3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, no penalty shall be imposed under this subsection unless the commissioner sends written notice of any violation to the authorized owner of the business entity is subject to a penalty under subdivision (1) or (2) of this subsection and allows such business entity sixty days from the date such notice was sent to cease such violation and comply with the requirements of this section.

Legislative History

(P.A. 15-244, S. 109; May Sp. Sess. P.A. 16-3, S. 205; P.A. 19-13, S. 9; P.A. 23-99, S. 28; P.A. 24-54, S. 2.) History: P.A. 15-244 effective January 1, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (a) by adding provision re place of business where electronic nicotine delivery system or product is sold, offered for sale or possessed with intent to sell, making a conforming change and adding definition of “person”, amended Subsec. (b) by adding reference to electronic mail address in provision re application form, deleting provisions re financial statement and crimes of which applicant has been convicted, and replacing “Applicants shall” with “The department may require that an applicant” in provision re submission of documents sufficient to establish that building, fire and zoning requirements will be met in Subdiv. (1), deleting Subpara. (C) re applicant convicted of violating cigarette or tobacco laws or having criminal record in Subdiv. (2), deleting provision re descent to estate of deceased certificate holder in Subdiv. (3), and deleting former Subdiv. (5) re certificate issued to partnership, and amended Subsec. (e) by making conforming changes in Subdivs. (1) and (2) and deleting “, within available appropriations,” in provision re written notice and adding provision re sending written notice by electronic mail in Subdiv. (3), effective June 2, 2016; P.A. 19-13 added new Subsec. (a) re definitions, redesignated existing Subsecs. (a) to (e) as Subsecs. (b) to (f), amended redesignated Subsec. (b) by deleting reference to March 1, 2016, deleting provisions re obtaining certificate, adding “is employed by, an agent of or directly affiliated with a business entity that maintains a”, replacing “from” with “issued by”, adding “A separate dealer registration shall be required”, and deleting definition of “person”, amended redesignated Subsec. (c) by deleting reference to January 1, 2016, replacing “make a sworn application therefor” with “apply”, and replacing “place of business which” with “business entity that” in Subdiv. (1), replacing “person” with “applicant or business entity” in Subdiv. (3), and deleting provisions re certificate, amended redesignated Subsec. (d) by deleting reference to certificate, replacing provision re $400 annual fee with provision re $800 annual fee and exception, amended redesignated Subsec. (e) by deleting reference to certificate, amended redesignated Subsec. (f) by replacing “person in this state who knowingly sells” with “business entity in the state that sells” in Subdiv. (1), deleting provision re place of business where products are offered for sale or possessed with intent to sell, adding provision re 90-day period, and adding “for each day such business entity is in violation of the provisions of this subdivision” in Subdiv. (2), deleting provision re written notice sent by mail in Subdiv. (3) and deleting provisions re certificate, and made technical and conforming changes; P.A. 23-99 amended Subsec. (e) by substituting “late fee” for “fine”, effective June 29, 2023; P.A. 24-54 amended Subsec. (c)(1) by adding provisions re authorized owner's name and contact information, name of manager or supervisor physically present at applicant's location or proposed location and certification re successful completion of online prevention education program, designating existing provisions re documents establishing compliance with state and local building, fire and zoning requirements as Subpara. (A) and existing provisions re investigation as Subpara. (B), adding Subpara. (C) re certification re successful completion of online prevention education program and making technical and conforming changes and amended Subsec. (c)(2) by adding Subpara. (C) re failure to successfully complete online prevention education program and making a conforming change.