Texas Call to Action: Take Action to Oppose SB 706 which would classify e-liquid as a "hazardous substance" under the Texas Health and Safety Code.

[JustJulie]

Activities for this Call to Action:

1. Send an Email
   
2. Call the Bill’s Sponsor, Sen. Sylvia Garcia and ask that SB 706 be withdrawn
   
   • (512) 463-0106
3. Attend the hearing (1:00 p.m. Monday, April 6, 2015)

Summary:

SB 706 would include “a liquid substance” used to refill an e-cigarette in the state’s Health and Safety Code as a “hazardous substance.” This would apply to all e-liquid regardless of nicotine content. Although this would be a means to requiring bottled e-liquid to be sold in child-resistant packaging (which CASAA is supportive of as long as it is tied to a federal standard), there are several other sections of the code that would likely limit consumer access to vapor products including

• Labeling requirements
  
• Granting rule-making authority to an unelected Board of Health
  
• Registration requirements for manufacturers, importers, wholesalers, and some retailers

Take Action:

1. Please take action NOW by sending a message to your senator urging him or her to oppose this bill.

• Oppose SB 706 - Send an Email

(If you live in a district represented by one of the committee members, you will receive a separate alert prompting you to take action. It is vitally important that you participate as lawmakers consider the views of their constituents with more weight.)

2. Please reach out to the bill’s sponsor and politely request that SB 706 be withdrawn:

• Senator Sylvia Garcia (District 6)
  
  • Capitol Phone: (512) 463-0106
    
  • District Phone: (713) 923-7575

3. SB 706 will be heard in the Senate Health & Human Services Committee:

Monday, April 6th
1:00 PM
Senate Chamber
2nd floor of East Wing of the Capitol
1100 Congress Ave, Austin, TX 78701​

Please make plans to attend this hearing. Public testimony will be limited to 3 minutes. If submitting written testimony, please provide 20 copies with your name on each. Even if you do not intend to testify, your presence is important as it shows the large number of people impacted by, and engaged in, this issue.

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(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided. If you take too long, they system will time out and you will lose your work.
(Writing Tip #2) Although we've provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters. At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

Link to Call to Action: CASAA: Texas Call to Action: Take Action to Oppose SB 706 which would classify e-liquid as a "hazardous substance" under the Texas Health and Safety Code.

 

[supertrunker]

Sneaky attempt to get it in under cover of Easter?

Hazardous substance indeed! I expect John Kerry to be on my doorstep next week negotiating with me to make less liquid!

Email sent.

T

 

[KattMamma]

Ok, I just did a fair amount of research on this proposed bill because the "hazardous substance" phrase really irks me.

So these are the parts of

HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE D. HAZARDOUS SUBSTANCES
CHAPTER 501. HAZARDOUS SUBSTANCES
SUBCHAPTER A. GENERAL PROVISIONS

that I could find (and understand to some degree) ... and I have questions I hope someone can help me with. I want to understand this fully because I am writing a detailed letter to Senator Estes (my district) and Senator Garcia (who I can't threaten to fire, but she needs to hear the truth!)

So here's the relevant bits, to the best of my understanding :

**********************
Sec. 501.023. GENERAL LABELING AND PACKAGING REQUIREMENTS. (a) The department shall ensure that each hazardous substance is labeled sufficiently to inform its user of the dangers involved in using, storing, or handling the substance, of actions to be taken or avoided, and to give instructions as necessary for proper first aid treatment. The department shall develop labeling instructions consistent with and in conformity with federal requirements.

(b) A statement required by Subsection (a) must be located prominently and written in English in conspicuous and legible type that contrasts in typography, layout, or color with other printed matter on the label. The department may also require the statement to be written in Spanish.

(c) The statement must also appear:

(1) on the outside container or wrapper of a substance and on a container sold separately and intended for the storage of a hazardous substance unless the statement required by Subsection (a) is easily legible through the outside container or wrapper; and

(2) on all accompanying literature containing directions for use, whether written or in other form.


***************

Sec. 501.0233. PACKAGING OF HAZARDOUS SUBSTANCES.

.....

(Childproof packaging... ok whatever...)

***************

Sec. 501.024. REGISTRATION. (a) A person who manufactures, imports, or repacks a hazardous substance that is distributed in this state or who distributes a hazardous substance in this state under the person's private brand name shall have on file with the department a registration statement as provided by this section.

(b) The board by rule shall detail the registration requirements and prescribe the contents of the registration statement.

(c) The person must file the registration statement with the department:

(1) before beginning business in this state as a manufacturer, importer, repacker, or distributor of a hazardous substance; and

(2) in each succeeding year that the person continues the business in this state, not later than the anniversary of the initial filing.

(d) The initial registration statement and each annual registration statement must be accompanied by a fee prescribed by the board.

(e) The department, after notice and hearing, may refuse to register or may cancel, revoke, or suspend the registration of a person who manufactures, imports, repacks, or distributes a hazardous substance if the person fails to comply with the requirements of this chapter.

(f) A hazardous substance is subject to seizure and disposition under Section 501.033 if the person who manufactures, imports, repacks, or distributes the hazardous substance does not, after notice by the department, register with the department and make timely payment of the fee under this section.

(g) This section does not apply to a retailer who distributes a hazardous substance to the general public unless the retailer distributes a hazardous substance made to its specifications.

***************

Section 501.026:
Fees

The board by rule shall set reasonable registration fees in an amount designed to recover not more than the costs to the department of administering, monitoring compliance with, enforcing, and conducting tests under this chapter.

Added by Acts 2001, 77th Leg., ch. 360, Sec. 9, eff. Sept. 1, 2001.

***************

Now my questions --

1. What are "the dangers involved in using, storing, or handling the substance" ?

2. How much are the registration fees? I searched the web a LONG time trying to find this info, and even in the official fee provisions table at http://www.tlc.state.tx.us/pubspol/fees.pdf it only quotes the Health and Safety Code Section 501.026 (as shown above - "reasonable registration fees... ") despite giving specific fees for many other things (although to be fair, there's a lot on that list that doesn't list a specific fee).

2a. Would this mean ejuice (or NIC base, which I'm more worried about) made in another state would have to register and pay TX fees in order for their products to be sold in TX B&Ms?

2b. What about mail order?


I know this isn't an attorney's forum LOL... but I thought it wouldn't hurt to ask.