Raised Bill No. 139 Summary

• Prohibits sale, delivery, or possession with intent to sell electronic nicotine delivery systems and vapor products with flavoring agents other than tobacco flavor, effective January 1, 2022.

• Establishes a 35 milligrams per milliliter maximum nicotine content limit for electronic nicotine delivery systems and vapor products, with manufacturers required to provide documentation to dealers.

• Requires unannounced compliance checks by the Commissioner of Mental Health and Addiction Services using persons aged 16-20 to attempt to purchase these products and verify compliance with age restrictions and product regulations.

• Increases civil penalties and creates escalating violation schedules: first violations require online prevention education programs; subsequent violations within 24 months include fines ranging from $400-$2,000 for employees and $600-$2,000 for business entities, with suspension or revocation of dealer registration for third and fourth violations.

• Restricts direct-to-consumer sales to a maximum of two vapor products and thirty cartridges of electronic cigarette liquid per consumer per month, with enhanced age verification requirements.