§ 21a-415a — Electronic nicotine delivery system certificate of manufacturer registration. Renewal. Fees. Penalties.

Connecticut § 21a-415a

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

Text

(a) No person in this state may manufacture an electronic nicotine delivery system or vapor product unless such person has obtained a manufacturer registration from the Commissioner of Consumer Protection pursuant to this section for the place of business where such system or product is manufactured. A manufacturer registration shall allow the manufacture of electronic nicotine delivery systems or vapor products in this state at such place of business. (b) (1) Any applicant for a manufacturer registration or renewal of a manufacturer registration shall apply to the Department of Consumer Protection upon forms to be furnished by the department, showing the name, address and electronic mail address of the applicant and the location of the place of business which is to be operated under such manufacturer registration. The department may require that an applicant submit documents sufficient to establish that state and local building, fire and zoning requirements will be met at the place of manufacture. The department may, in its discretion, conduct an investigation to determine whether a manufacturer registration shall be issued to an applicant. (2) The commissioner shall issue a manufacturer 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; or (B) the applicant has neglected to pay any taxes due to this state. (3) A manufacturer 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 person aggrieved by a denial of an application, refusal to renew a manufacturer registration or suspension or revocation of a manufacturer registration may appeal in the manner prescribed for permits under section 30-55 . A manufacturer 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 (c) of this section. An application fee shall not be charged for an application to renew a manufacturer registration. (c) The annual fee for a manufacturer registration shall be four hundred dollars, except that the annual fee shall be two hundred dollars for any person holding a manufacturer registration who also holds any additional manufacturer registrations or dealer registrations issued by the department under this chapter. (d) The department may renew a manufacturer registration issued under this section that has expired for a period of six months or less 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 certificate of manufacturer registration applied for. The provisions of this subsection shall not apply to any manufacturer registration which is the subject of administrative or court proceedings. (e) (1) Any person in this state who knowingly manufactures an electronic nicotine delivery system or vapor product from a place of business that does not have a manufacturer 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 manufacturer registration was due to reasonable cause. (2) Notwithstanding the provisions of subdivision (1) of this subsection, any person whose manufacturer registration for the place of business where electronic nicotine delivery systems or vapor products are manufactured has expired for a period of ninety calendar days or less and who manufactures in the state during such ninety-day period an electronic nicotine delivery system or vapor product shall have committed an infraction and shall be fined ninety dollars for each day such person 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 person who is subject to a penalty under subdivision (1) or (2) of this subsection and allows such person 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. 110; May Sp. Sess. P.A. 16-3, S. 206; P.A. 19-13, S. 10; P.A. 23-99, S. 29.) 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 manufactured, 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), and deleting former 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 amended Subsec. (a) by deleting reference to March 1, 2016, deleting provisions re certificate, and deleting definitions of “manufacturer” and “person”, amended Subsec. (b) by deleting reference to January 1, 2016, adding provision re applicant for manufacturer registration or renewal, and replacing “make a sworn application therefor” with “apply”, in Subdiv. (1), and deleting provisions re certificate, amended Subsec. (c) by deleting reference to certificate and adding exception to provision re $400 annual fee for person holding manufacturer registration who also holds additional registrations, amended Subsec. (d) by deleting references to certificate and adding “for a period of six months or less” re expiration, amended Subsec. (e) by adding “for a period of ninety calendar days or less”, adding “during such ninety-day period”, and adding “for each day such person 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. (d) by substituting “late fee” for “fine”, effective June 29, 2023.