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Thread: Oklahoma law approved - Sales to minors and taxes

  1. #1
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    Default Oklahoma law approved - Sales to minors and taxes

    Bill found here.

    Tax information begins on bottom of page 25.

    Can anyone give a Reader's Digest version of this? My head started hurting mid-way through...

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    I'm not a lawyer but here is an Excerpt from the Definitions.

    5. "Tobacco-derived product" means any noncombustible product
    derived from tobacco that contains nicotine and is intended for
    human consumption, whether chewed, absorbed, dissolved, or ingested
    by any other means, but does not include a vapor product or any
    product regulated by the United States Food and Drug Administration
    under Chapter V of the federal Food, Drug, and Cosmetic Act;

    6. "Tobacco product" means any product that contains tobacco
    and is intended for human consumption, but does not include any
    tobacco-derived product or vapor product;


    I wonder if an e-Liquid is considered a "vapor product"?
    Last edited by zoiDman; 03-08-2013 at 06:09 PM.

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    They later describe "vapor product" and include "tobacco-derived product or vapor product" in every line, going forward...

    9. "Vapor product" means a noncombustible, tobacco-derived
    product containing nicotine, such as an electronic cigarette, that
    employs a mechanical heating element, battery, or electronic
    circuit, regardless of shape or size, that can be used to heat a
    liquid nicotine solution contained in a vapor cartridge as well as
    any vapor cartridge containing liquid nicotine solution that can be
    used with or in a vapor product. "Vapor product" does not include
    any product regulated by the United States Food and Drug
    Administration under Chapter V of the Food, Drug, and Cosmetic Act,
    P.L. 75-717.

    I suppose "vapor product" "contains nicotine", so I would think it does, especially since it's not FDA regulated.

    I'm trying to gt a hold on the tax scale thing...
    Last edited by Pure Guava; 03-08-2013 at 06:25 PM. Reason: Re-read things...

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    .05 tax per vapor unit. vapor unit is .03 of an ounce. $1.33 tax on 30 mils approximately by my figures. $250 permit each year $30 license fee every 3 years. Stamp on each bottle. Unless they are gonna go by actual nic volume in the bottles instead of just total volume. I just skimmed through it though. goes in effect Nov 1 of this year. But im not a lawyer or anything.
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    Quote Originally Posted by TroyHoot View Post
    .05 tax per vapor unit. vapor unit is .03 of an ounce. $1.33 tax on 30 mils approximately by my figures. $250 permit each year $30 license fee every 3 years. Stamp on each bottle. Unless they are gonna go by actual nic volume in the bottles instead of just total volume. I just skimmed through it though. goes in effect Nov 1 of this year. But im not a lawyer or anything.
    Where does it talk about a vapor unit being x amount of a weight/volume?

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    (o) The words
    "
    vapor product unit
    "
    mean all amounts of
    consumable material in a vapor product up to and including .03
    ounces.


    My math worked it out to .88 mills per unit approximately


    EDIT: this might be weight and not volume which would change things
    Last edited by TroyHoot; 03-08-2013 at 06:52 PM.

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    6. Vapor products.
    Upon all vapor products, the tax shall be
    five cents ($0.05) per vapor product unit and a proportionate tax at the like rate on all fractional parts of
    a vapor product unit inexcess of a single vapor product unit.
    At no time shall the rate levied upon a vapor product unit exceed one
    -
    tenth (0.10) the rate of tax imposed on a pack of cigarettes in this state


    So tax cant go over 1/10th of the tax on a pack of smokes. whatever that is.


    EDIT geesh, this is why i am not a lawyer. I dont wanna deal with all the bs talk... Im probably way off on how I interpret this.
    Last edited by TroyHoot; 03-08-2013 at 06:58 PM.
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    I suppose the members of the peg-legged quartet will soon be posting with their interpretation letting us know how we are supposed to think about this.
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    Quote Originally Posted by Pure Guava View Post
    They later describe "vapor product" and include "tobacco-derived product or vapor product" in every line, going forward...

    9. "Vapor product" means a noncombustible, tobacco-derived
    product containing nicotine, such as an electronic cigarette, that
    employs a mechanical heating element, battery, or electronic
    circuit, regardless of shape or size, that can be used to heat a
    liquid nicotine solution contained in a vapor cartridge as well as
    any vapor cartridge containing liquid nicotine solution that can be
    used with or in a vapor product. "Vapor product" does not include
    any product regulated by the United States Food and Drug
    Administration under Chapter V of the Food, Drug, and Cosmetic Act,
    P.L. 75-717.

    I suppose "vapor product" "contains nicotine", so I would think it does, especially since it's not FDA regulated.

    I'm trying to gt a hold on the tax scale thing...
    It appears that Chapter V of the Food, Drug, and Cosmetic Act deals more with drugs.

    FD&C Act Chapter V: Drugs and Devices

    But like I said before, I‘m not an Lawyer.

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    SB 802 is an RJ Reynolds sponsored bill that would:
    - ban the sale of e-cigarettes, dissolvables and other new smokefree alternatives to youth,
    - require all vapor containing e-cigarette products sold in OK to list the weight of the e-liquid in the product,
    - require every e-cigarette dealer (i.e retailer) and wholesaler in OK to obtain a state tobacco wholesaler/retailer license ($250/year),
    - require all vapor containing e-cigarette products (i.e. those containing e-liquid) to be stored behind the retailer's counter (requiring purchase assistance from a clerk),
    - ban youth from possessing, using or purchasing e-cigarettes, with $100 fine for violators,
    - impose a $.05 tax on all vapor containing e-cigarette product up to an ounce (i.e. the weight of the e-liquid), and
    - preempt local governments in OK from different licensing, sales to minors bans or taxes on e-cigarettes.

    I have two concerns about this bill, one minor and one potentially major.

    First, by requiring all vapor containing e-cigarette products sold in OK to list the weight of the e-liquid in the product, SB 666 would require all e-cigarette manufacturers worldwide (that want to sell products in OK) to begin listing the weight (in ounces) of the e-liquid contained in the product. While that would result in labels on all e-cig products that say something like "contains .0005 ounces of vapor product unit". Thus, this one state law could establish a national (and perhaps an international) standard for all e-cigarette products.

    My second, and most important concern about SB 802 is that it appears to redefine a "dealer" to include all e-cigarette "consumers" in OK who buy e-cig products from other states (via the Internet or mail order), and as such, requires all such e-cigarette "consumers" to pay a $250 annual licensing fee (see two clauses below with amended language underlined and my concerns highligthed in red).

    It is uncertain whether or not the OK government would or could prosecute e-cigarette consumers who buy e-cigarette products via the Internet from out-of-state companies (for failing to get a dealers licencse costing $250/year and for failing to pay the $.05 tax on all purchases from out-of-state. I cannot imaging the OK Revenue Dept prosecuting e-cig consumers for these offenses, but it appears to be possible under these clauses.

    Since RJ Reynolds is promoting this legislation, and since Reynolds doesn't selll e-cigs (or cigarettes, smokeless or dissolvables) via the Internet (but rather only in brick-and-mortar stores), I'm concerned that RJ Reynolds might be trying to eventually ban (or at least tax) e-cigarettes sold via the Internet (as Reynolds doesn't want to have to pay taxes that are evaded by consumers who buy over the Internet from out-of-state companies).

    Section 415. A. Every dealer and wholesaler of tobacco
    products, tobacco-derived products or vapor products in this state,
    as a condition of carrying on such business, shall annually secure
    from the Oklahoma Tax Commission a written license and shall pay an
    annual fee of Two Hundred Fifty Dollars ($250.00)
    (pg. 29 of SB 802)

    (l) The word "dealer" shall include every person, firm,
    corporation, or association of persons, who manufactures cigars or,
    tobacco products, tobacco-derived products or vapor products for
    distribution, sale, use or consumption in the State of Oklahoma.
    The word "dealer" is also further defined to mean any person, firm,
    corporation or association of persons, who imports cigars or,
    tobacco products, tobacco-derived products or vapor products from
    any state or foreign country, for
    distribution, sale, use or
    consumption in the State of Oklahoma.
    (pg 22-23 of SB 802))
    Last edited by Bill Godshall; 03-09-2013 at 06:41 PM.
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