Rhode Island House substitutes/passes, Senate passes bill (HB 7021) to ban sale of “electronic nicotine delivery systems” to minors, establishes licensing system for dealers (same as SB 3095)
http://webserver.rilin.state.ri.us/BillText/BillText14/HouseText14/H7021Aaa.pdf
Rhode Island Senate passes, House passes bill (SB 3095) to ban sale of “electronic nicotine delivery systems” to minors, establishes licensing system for dealers (same as HB 7021)
http://webserver.rilin.state.ri.us/BillText/BillText14/SenateText14/S3095.pdf
Although these bills establish a separate licensing system for ENDS dealers/distributors than for tobacco dealers/distributors, I have concerns (for vapeshops and others in RI who mix/sell
e-liquid and/or mod components, and also for Internet e-cig retailers) about the substituted/approved language in HB 7021, which is the same as SB 3095.
(On page 9), 23-1-56 (e) "A manufacturer or importer may sell or distribute ENDS to a person located or doing business within the state, only if such person is a licensed distributor" would ban ENDS manufacturers and importers in RI (as well as out of state Internet vendors) from retailing ENDS directly to consumers in RI.
Meanwhile (on page 6), 11-9-13.8 (2) bans any ENDS dealer/retail licensee in RI from selling ENDS "in any form other than an original factory-wrapped package", which appears to ban vape shops (and anyone else in RI) from mixing/repackaging/relabeling
e-liquid and from mixing/repackaging/relabeling mod components for retail sales to consumers in RI.
But if vape shops (or anyone else who mixes/repackages/relabels
e-liquid or mod components) in RI tells the State they are a ENDS "manufacturer" to avoid prosecution for violating 11-9-13.8 (2), then they could be prosecuted for violating 23-1-56 (e) if they retail their products to consumers in RI. It looks like a Catch 22 that would ban vape shops and anyone else in RI from mixing/repackaging/relabeling any e-liquid or mod components for sale directly to RI consumers.
Further complicating matters, the definition of an e-cigarette "manufacturer" in FDA's proposed deeming regulation (and in the FSPTCA) includes everyone who mixes, repackages or relabels e-liquid or any e-cig "components", including different mod components. Even more confusingly, the RI bill defines mods as "ENDS" but defines e-liquid as a "component", while FDA's proposed deeming reg considers e-liquid to be a "tobacco product" and considers mods as "components".
Hopefully, the State of RI will try to accommodate the business practices of all e-cig manufacturers, distributors and retailers in RI, and hopefully they won't attempt to penalize out-of-state Online vendors (for selling products to RI consumers).
