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CALIFORNIA - SB 648 would define ecigs as cigarettes!

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oplholik

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I received an update this morning.

SB 648 Senate Bill - Bill Analysis


Date of Hearing: August 6, 2014

ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair

SB 648 (Corbett) - As Amended: July 2, 2014

Policy Committee: Governmental
Organization Vote: 16-0

Urgency: No State Mandated Local Program:
No Reimbursable: No

SUMMARY

This bill prohibits the offer, sale, or distribution of
electronic cigarettes (e-cigarettes) from a vending machine or
other coin or token operated mechanical device or appliance,
unless that machine or appliance is located on a premises issued
an on-sale public license to sell alcoholic beverages and is at
least 15 feet from the entrance to that premises.

The bill harmonizes vending machine restrictions for
e-cigarettes with those of cigarettes and other tobacco
products, and does not preempt any local standard that further
restricts the sale of e-cigarettes. Violations result in civil
penalties from $400 to $600 for the first violation up to $5,000
to $6,000 for a fifth violation within a five-year period.

FISCAL EFFECT

Minor and absorbable enforcement costs to the Department of
Alcoholic Beverage Control.

COMMENTS

1) Purpose. According to the author, unattended vending machines
create an opportunity for minors to purchase e-cigarettes in
violation of state law. The author contends e-cigarette use
by minors has increased significantly over the past few years,
and limiting access from vending machines will help restrain
that growth.

2) Trojan Horse? Opponents, led by the American Heart and Stroke
Associations and the American Cancer Society, argue the bill,








SB 648
Page 2

while laudable in its original policy aim, has been coopted by
an effort to establish e-cigarettes as distinct and separate
from cigarettes and tobacco products. Opponents argue the
bill provides a dangerous precedent for systematic exemption
of e-cigarettes from public smoke-free laws.

3) Federal Ban Proposed. On April 24, 2014, the US Food and Drug
Administration (FDA) proposed new rules on e-cigarettes that
include a more restrictive ban on vending machine sales of
e-cigarettes except for machines located in premises where
persons under 18 years old are prohibited from entering. The
public comment period for the proposed rules has closed,
however the FDA has yet to issue any final rule. If the FDA
rules are adopted as proposed, this bill would effectively be
preempted by the federal rule.


Analysis Prepared by : Joel Tashjian / APPR. / (916) 319-2081
 

Berylanna

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My Vaping Militia account:

Too tired to blog much about the hearing tonight. I had been unprepared to testify in favor because I saw a prior SB648 supporter in the hallway and assumed Sen. Corbett had supporters lined up. So, due to nerves, I did my "tell my story" gig, and forgot to mention that I used vending machines to supply myself with Marlboro's when I was 17. I DID remember to say I support adult access but not minor access. Sen. Corbett look pained when she thanked Sallie and me, and it became more obvious why when the ANTZ started spewing ^H^H^H^H^H^H testifying -- they were practically accusing her of selling out to Big Tobacco. They were VERY transparent in stating outright that failure to get their definition of e-cigs as cigarettes implemented was going to be 'two steps back" in their "fight" to do what they have been working so hard for for so many years. (They didn't mention that what they have working so hard for for so many years was to make big NRT profits for their BP corporate donors.....of course....) We had noticed the NJoy lobbyist in the audience, so we had coffee with him after. He was surprised the ANTZ had shown their hand so openly. We promised to send him some juicy links of ANTZ testimony in other states. (He doesn't call them ANTZ of course. "Opposition.")

My We Are CASAA account:I promised to blog ASAP but I lost my parking garage for more than an hour, in 94-degree heat, carrying a 10-lb backpack and a 10-lb purse, so now I'm wiped out. I testified, and did NOT say the right things, I should have said I started smoking at 17 and easily handled my habit by buying from vending machines. Instead I "told my story" (standard "when in doubt" thing for e-cig activists) which no doubt made it look like Senator Corbett had sold her soul to the devil (devil being defined as people who want to live, of course.) I had been unprepared to speak because I had seen the California Black Physicians Network doctor who backed Sen. Corbett on the early, evil, Senate version of SB648 outside the hearing room and assumed she was there for SB648. We noticed the NJoy lobbyist in the audience, so we went to coffee with him after going outside for a celebratory vape, and he told us that though we truly support the bill, he had found out that it's actually easier to amend on the Assembly floor than in some of these committees, so if it passed committee (we didn't know yet, they have till 5pm to vote) we'd all (pro-ecig people) have to watch it very closely going forward. I, at least, appreciated the feedback.

If you are wondering why I wrote 2 accounts, refer to "I lost my parking garage" above.
 

Uma

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Berylanna

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Kent C

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Thanks for all your hard work & staying power, and for your updates!

OT kinda:
Remember my concern about the only little post office left that is close to me? (During the signature delivery fight).
It might not be there later today or tomorrow. I might be homeless as well. Oh the joys of living in calif eh.
http://lostcoastoutpost.com/2014/aug/6/43-structure-threatened-fire-burns-withing-one-mil/

hug.gif
 

Uma

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zoiDman

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  • Apr 16, 2010
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    Thanks for all your hard work & staying power, and for your updates!

    OT kinda:
    Remember my concern about the only little post office left that is close to me? (During the signature delivery fight).
    It might not be there later today or tomorrow. I might be homeless as well. Oh the joys of living in calif eh.
    http://lostcoastoutpost.com/2014/aug/6/43-structure-threatened-fire-burns-withing-one-mil/

    I'll be sending out Very Good Waves that things work out for you and Everyone in your Area.
     

    Uma

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    I know right, Sonicall. If it weren't for my FB memes and alternative news people, I wouldn't have a clue about what's happening in the world. This is why I "share" a lot of the stuff, because I know others are like us, busy with FDA, mods, attys, soap.... You're not alone . :).
    Thank you everyone! The firefighters, especially, appreciate your positive vibes! Especially my daughter, in her first year of service.
     

    Uma

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    So Uma, how's things looking today?
    Fortunately, so far, it's been a "slow underbrush" fire mostly, but even so, it keeps breaking the fire lines! The wind gusts are awful now and then. You, poor thing, have been through some horrendous fire predicaments, living in the SB area. I so feel for you!
    At last update it was 5400 acres @ 30% contained.
    The water planes are closer to my area today though, which is freaky. I keep checking the sites who are trying to keep us updated, but... sometimes we need an every 5 minute "we're ok" note. At least I do lol.
    Thanks for asking!
    Oh, oh, the map is even more red today. :(
     
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