Arizona - SB1280 Help !

[AZCraig]

Documents For BillIf I read this correctly, we'd have to be licensed by the state of Arizona in order to operate a mail order / ecommerce web site for ecigs OR nicotine containing juices or it might even be forbidden. This bill also seems to make it forbidden for Arizona residents to purchase electronic cigarettes via the mail if it isn't from a State of Arizona approved/licensed vendor.

The "summaries" posted on the azleg.gov site only harp on the provisions related to protecting minors. I'm hoping someone with a keen legal mind can break this down for us so we know what we'll actually be facing if it passes.

 

[Placebo Effect]

The definition of 'tobacco product' for the section of this bill banning online sales does not include e-cigarettes.

 

[Placebo Effect]

I was speaking about the introduced version.

Yes, this does impact e-cigarettes now. It was amended in committee.

 

[Vocalek]

It looks as if they want to treat e-cigarette vendors exactly the same as a tobacco manufacturer, including ponying up money to pay into the Master Settlement Agreement funds.

 

[TennDave]

It looks as if they want to treat e-cigarette vendors exactly the same as a tobacco manufacturer, including ponying up money to pay into the Master Settlement Agreement funds.

But why should e-cig companies pay for that? They did not in any way contribute to the health problems caused by cigarette sales and smoking- if anything they are taking health risks away from the public. This just infuriates me!!

 

[Bill Godshall]

No need to worry. I've been monitoring SB 1280 for the past month.

Only Section 1 of the bill, which bans tobacco sales to minors, defines a "tobacco product" to include e-cigarettes.

The definition of a tobacco product in the other sections of the bill don't include e-cigarettes.

Section 2 of the bill (which would ban the internet sales and purchases of certain tobacco products) may pose future concerns, however, as I worry that once enacted, Section 2 of the bill could be amended (e.g. next year) to also apply to e-cigarettes.

But currently, the only impact of SB 1280 on e-cigarettes would be to ban their sales to minors.

 

[AZCraig]

Bill, I wish you were right. One of our local folks took a read on it and he thinks it will ban Arizona residents from purchasing electronic cigarettes online. There was an amendment that was added at the AZ State Senate before it was sent to the house (from what I understand) that does this.

Legislators love making laws so convoluted that it takes a lawyer to understand their real impact.

No need to worry. I've been monitoring SB 1280 for the past month.

Only Section 1 of the bill, which bans tobacco sales to minors, defines a "tobacco product" to include e-cigarettes.

The definition of a tobacco product in the other sections of the bill don't include e-cigarettes.

Section 2 of the bill (which would ban the internet sales and purchases of certain tobacco products) may pose future concerns, however, as I worry that once enacted, Section 2 of the bill could be amended (e.g. next year) to also apply to e-cigarettes.

But currently, the only impact of SB 1280 on e-cigarettes would be to ban their sales to minors.

 

[yvilla]

I've just looked closely at this bill, the Senate amended version, and I agree with Bill - I don't think it affects electronic cigarettes OTHER THAN to prohibit sales to minors. For my reasoning on this, please see the post I just did in the CASAA sub-forum, responding to another thread similarly asserting that the bill would prohibit internet sales.

http://www.e-cigarette-forum.com/fo...aryland-vermont-soon-arizona.html#post5486330

 

[Bill Godshall]

Although SB 1280 doesn't ban internet sales or purchases of e-cigarette, it would still be helpful to urge AZ legislators to eliminate Section 2 from the bill because:
- if the bill is enacted, legislation may be introduced next year to add e-cigarettes to the list of products whose Internet sale and purchase is banned (but that's not an argument to tell AZ legislators).
- state bans on purchasing any legal product via the Internet almost certainly violate the interstate commerce clause of the US Consitution.
- the PACT Act, enacted by Congress in 2009, already severely restricts Internet sales of cigarettes and smokeless tobacco.
- the FDA will soon issue regulations regarding non-face-to-face sales of cigarettes and smokeless tobacco products, which may ban or severely restrict Internet sales of cigarettes and smokeless tobacco products.
- the penalties in SB 1280 for buying smokeless tobacco via the Internes are excessively harsh.
- smokeless tobacco users in AZ won't know that buying smokeless tobacco via the Internet is a crime (if SB 1280 is enacted) and a felony conviction could destroy their job or career.

 

[yvilla]

Although SB 1280 doesn't ban internet sales or purchases of e-cigarette, it would still be helpful to urge AZ legislators to eliminate Section 2 from the bill because:

- state bans on purchasing any legal product via the Internet almost certainly violate the interstate commerce clause of the US Consitution.
- the PACT Act, enacted by Congress in 2009, already severely restricts Internet sales of cigarettes and smokeless tobacco.
- the FDA will soon issue regulations regarding non-face-to-face sales of cigarettes and smokeless tobacco products, which may ban or severely restrict Internet sales of cigarettes and smokeless tobacco products.

While I don't disagree with anything you wrote Bill, I just had to point out that Arizona legislators seem to have no problem at all with enacting legislation that treads on and interferes with matters that are squarely within the sphere of Federal preogatives (to wit: immigration)!

 

[AZCraig]

It just boggles my mind that the legislators thought this should be a felony. I'm not proud of my state at this moment.

Although SB 1280 doesn't ban internet sales or purchases of e-cigarette, it would still be helpful to urge AZ legislators to eliminate Section 2 from the bill because:
- if the bill is enacted, legislation may be introduced next year to add e-cigarettes to the list of products whose Internet sale and purchase is banned (but that's not an argument to tell AZ legislators).
- state bans on purchasing any legal product via the Internet almost certainly violate the interstate commerce clause of the US Consitution.
- the PACT Act, enacted by Congress in 2009, already severely restricts Internet sales of cigarettes and smokeless tobacco.
- the FDA will soon issue regulations regarding non-face-to-face sales of cigarettes and smokeless tobacco products, which may ban or severely restrict Internet sales of cigarettes and smokeless tobacco products.
- the penalties in SB 1280 for buying smokeless tobacco via the Internes are excessively harsh.
- smokeless tobacco users in AZ won't know that buying smokeless tobacco via the Internet is a crime (if SB 1280 is enacted) and a felony conviction could destroy their job or career.

 

[TennDave]

 

[Bill Godshall]

Arizona Governor Jan Brewer has signed SB 1280 into law.

Section 2 of SB 1280 bans the Internet purchase/sales and delivery of chewing tobacco and cigarettes, and Section 1 of the bill had previously banned e-cigarette sales to minors.
Documents For Bill

But the e-cig sales ban to minors is no longer in the legislation (not sure when/how that happened).

Section 1 of the introduced version of the bill clearly banned e-cig sales to minors.
http://www.azleg.gov/legtext/50leg/2r/bills/sb1280p.pdf

But in the final (i.e. enacted) version of the bill, Section 1 doesn't include e-cigarettes in its definition of tobacco products that are prohibited to be sold to minors.
http://www.azleg.gov/legtext/50leg/2r/laws/0311.pdf

 

[Bill Godshall]

The e-cigarette sales ban to minors was included in the Senate Engrossed version of SB 1280 (i.e. approved by the Senate on Feb 27)) as it included electronic cigarettes in Section 1's definition of "tobacco products".
http://www.azleg.gov/legtext/50leg/2r/bills/sb1280s.pdf

But e-cigarettes were removed from Section 1's definition of "tobacco products" in the House Engrossed version of SB 1280, which was approved by the House on April 16. Not sure when e-cigs were removed, as two House committees amended the bill before it was approved by the House.
http://www.azleg.gov/legtext/50leg/2r/bills/sb1280h.pdf