The FDA and hardware (questions)

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Flt Simulation

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State of Texas Comptroller of Public Accounts

Cigarettes, E-Cigarette and tobacco Products Regulation
Frequently Asked Questions
_________________________________________

Do the provisions and requirements of SB55 apply to cigarette papers, pipes, and other tobacco paraphernalia?

No. The definitions for cigarettes and tobacco products are found in Chapters 154 and 155 of the Tax Code. The definition for tobacco product includes a cigar, smoking tobacco, chewing tobacco, snuff, and a product that is made of tobacco or a tobacco substitute.

FAQ: Cigarette, Cigar and Tobacco Products Regulation
 
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ReigntheGamer

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State of Texas Comptroller of Public Accounts

Cigarettes, E-Cigarette and Tobacco Products Regulation
Frequently Asked Questions
_________________________________________

Do the provisions and requirements of SB55 apply to cigarette papers, pipes, and other tobacco paraphernalia?

No. The definitions for cigarettes and tobacco products are found in Chapters 154 and 155 of the Tax Code. The definition for tobacco product includes a cigar, smoking tobacco, chewing tobacco, snuff, and a product that is made of tobacco or a tobacco substitute.

FAQ: Cigarette, Cigar and Tobacco Products Regulation

And they are covered under the penal code as well, it's a double standard and ridiculous but it's there. And that's all I am going to say I'd start linking articles as well but it will go into things we aren't allowed to discuss here.'

Oh well, if a mod needs to delete please do but this is how it's worded: Any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act

I.E. Papers if you get an officer that is so inclined to charge you with it.
 

sofarsogood

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The government, including the FDA wants vaping to completely disappear. They are going to do that without ever considering any issues on the merits. The entire FDA process depends on nothing but legal authority. Science has nothing to do with anything. The Constitution garantees due process of law. With vaping they created a law that allows them to have their way without due process. I don't respect that. When they aren't avoiding the issues they are lying. In my world once you lie you're out of the conversation.

May be the OMB will set them back. May be the courts will limit their authority. There are a tiny few public officials with the integrity to object out loud to this process. I admire and appreciate them but will they make a difference?
 

Rossum

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Any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act
Yet somehow grocery stores still sell Ziploc bags with impunity! o_O
 

tj99959

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    Seems like everyone wants their very own part in the regulatory process, and some of it gets pretty silly. Our state health department wants to limit the TOTAL quantity of nicotine that can be in a container of e-liquid to 240mg. That would mean that if you wanted 24mg juice, a 10ml bottle would be the largest size bottle you could buy. (i didn't say that it had to make sense) ;)

    This would also make it illegal to buy nic base for DIY. (2.4ml would be the largest container of 100mg nic base allowed)
     

    gpjoe

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    I agree with what members Racehorse, VapeinCA, and Rule62 are saying ...

    There is no way in hell the government is ever going to ban mods, batteries, atomizers, drip tips, wire and cotton wicking material, battery chargers, or any of the rest of the stuff we would call "hardware".

    And as far as juice, they are not going to ban USP glycerin, concentrated flavorings or propylene glycol.

    The only thing the government is going to go after is anything related to vaping that contains nicotine (unflavored PG base with nicotine, unflavored VG base with nicotine, pre-mixed retail e-juice containing any amount of nicotine and prefilled e-cig cartomizers containing nicotine).

    Most states probably won't out and out ban these products that contain nicotine, but will add a heavy sin tax to them. And they more than likely not be available from mail order since then there would be no way the states could be guaranteed that they would be able to collect there tax on the nicotine product.

    I am not going to start hording any sort of vaping hardware, but I am seriously considering stocking up on unflavored PG base with nicotine ... at least I will always be able to make my own DIY juice.

    And since I mentioned DIY juice, I predict that flavoring will always be available since flavorings are used in just about everything we put in our mouth .... The Feds ain't never going to be able to control the sale of concentrated flavorings.
    _________________________________

    Although the possible high taxation on vaping products that contain nicotine is not anything we all look forward to, it don't mean that the "Sky is Falling" either.

    Again, if you worried about possible local banning in your area, or high taxation of vaping products that contain nicotine ... stock up

    Based on my admittedly limited knowledge, this is EXACTLY what I was thinking.
     

    sofarsogood

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    Seems like everyone wants their very own part in the regulatory process, and some of it gets pretty silly. Our state health department wants to limit the TOTAL quantity of nicotine that can be in a container of e-liquid to 240mg. That would mean that if you wanted 24mg juice, a 10ml bottle would be the largest size bottle you could buy. (i didn't say that it had to make sense) ;)

    This would also make it illegal to buy nic base for DIY. (2.4ml would be the largest container of 100mg nic base allowed)
    Preventing people from doing diy would be the reason for that. A lot of state governments will be in serious financial difficulties when the tobacco tax goes away. They should be preparig for that instead of trying to keep people smoking.
     

    gpjoe

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    In Texas you can be ticketed for having them, as well as cigars commonly used for other purposes.

    ETA: The old workaround was to carry a little rolling tobacco with you. But if you just have the papers themselves it's up to the officer who stops you.

    Jesus, whatever happened to innocent till proven guilty? I would be shocked to face charges for rolling papers in the absence of tobacco. I might even retain a lawyer just on principle.
     
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    ReigntheGamer

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    Jesus, whatever happened to innocent till proven guilty? I would be shocked to face charges for rolling papers in the absence of tobacco. I might even retain a lawyer just on principle.

    That saying never did make sense to me anyways as much as it pains me to say it, guilty until you prove yourself innocent would be a better fit.
     

    crxess

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    Hookahs and glassware haven't been Federally banned. I doubt e-cig hardware will be either.

    No, but they are now planned to fall under the Deeming regulations in order for the Feds to raise more money and take greater control.

    Do people ever read these bill proposals? :blink:
    Maybe that is why opposition is so low:(
     

    Wow1420

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    It's commonly assumed that we'll have 2 years to stockpile post-deeming and pre-implementation of the registration/approval process. But that doesn't mean the FDA can't and won't go into rule-making mode on other aspects as soon as deeming is effective. My assumption is that they will order only face-to-face sales of nicotine products soon after deeming. For me, and many others, that would be an economic blow and limit choices. I don't really know if that will include hardware or not, liquid certainly.

    I thought we were pretty safe on the hardware side, until I saw the language of that intended-use rule. Now I think they intend to go after anything and everything. (I also think the intended use rule is so far over-stepping that it could be successfully challenged in court.)
     

    Grimwald

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    Follow the money. Big Tobacco and Big Pharma give $$$ to politicians and think tanks (Glantz). This is what drives laws, especially at the state and local level. Oh sure, there is tax money to consider, but this has always been about getting elected and keeping power, never about right and wrong. BT products (ex. Vuse) and BP products (ex. Nicorette) will always be available...the rest, not so much.
     
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