Utah legislation

[Bill Godshall]

It appears that HB 170 in Utah (the last third of the bill) at:
H.B. 170 Bill Documents - 2011 General Session
would not only ban sales of flavored smokeless tobacco and cigars, but also flavored e-cigarettes.

HB 170 also appears to require face-to-face sales transactions for e-cigarettes.

To lobby for this legislation, the Utah Dept. of Health has grossly exaggerated (i.e lied) about the health/safety risks and the marketing of flavored smokeless tobacco products in attempt to ban them (while keeping far more hazardous cigarettes legal)
There are no safe tobacco products! | Street Smart Utah

Last week, the health dept and the state poison control center held a press conference to scare the public about flavored smokeless tobacco products and to urge the legislature to ban them (and apparently flavored e-cigs).

http://www.sltrib.com/sltrib/home/51230518-76/adults-candy-center-cigarettes.html.csp#

Last year the UT legislature banned the sale of e-cigarettes to youth, after the original legislation (which I believe was sponsored by the same legislator who just introduced HB 170) that would have banned all e-cigarette sales was amended.

It would be helpful if others would carefully review this legislation.

 

[afrazier5]

The bloody state is at it again! Here's my thoughts at reading it but I have asked a recent ECF friend to review it as well as she seems to me to understand this content from a legal perspective.

I'm for the most part fine with some of this up until Line 394 where it get's screwed up! The way I read this is if the FDA does not recognize this as NRT, then Utah considers this illegal to purchase. I would love for someone familiar with law and these types of doco to review and provide good feedback about what this actually says.

Also what can be done, how can it be fought?

 

[applefr3ak]

I helped put up a good fight Last year! I sent letters to all my customers asking them to write everyone etc etc. Spike with the national vapers club was very helpful and i will be talking to get very shortly to see what kind of informational packets etc we can get going again. I have certain customers that will go down to the session etc if they will allow them to be heard. We will do our very best to help get it amended yet again.. And if its the same guy bringing the bill up.. this makes me VERY Irate.. He lives in Clinton

 

[Cit-e Steamer]

CASAA has already begun researching and working on this issue and we will compile a Call to Action page at casaa.org in the near future. That Call to Action will include a legislative contact list, form letter and other helpful information. If you are in need of additional information and/or want to lend your assistance, contact the CASAA Board of Directors at board@casaa.org. We are on top of this.

 

[afrazier5]

CASAA has already begun researching and working on this issue and we will compile a Call to Action page at casaa.org in the near future. That Call to Action will include a legislative contact list, form letter and other helpful information. If you are in need of additional information and/or want to lend your assistance, contact the CASAA Board of Directors at board@casaa.org. We are on top of this.

Thanks to CASAA and National Vapers Club! Let's rally folks up around this like what was done with the recent NYC legislation.

 

[applefr3ak]

Thanks to the folks at CASAA. I was on the board meeting call last night with the National Vapers Club as well and they are on top of it too. Im hoping we can beat it again this year! I have some local folks ready to go down when this is in session too.

 

[Bill Godshall]

Can those who claim to be on top of this legislation simply post their analysis of HB 170's impact on e-cigarettes.

I've been drafting and amending tobacco related legislation for the past 25 years, and I find HB 170 to be vague, ambiguous, confusing and open to many different interpretations (which is why I requested analyses by others).

 

[applefr3ak]

Hi Bill. My take on it is this. This bill originally did NOT include e-cigs.. its our lovely Paul Ray at it again. He did this last year if you recall also. We had to really scramble and fight to get the bill amended. But he basically tacked it on the end of the bill last year and is attempting to do so again this year. He purposfully makes things vague and confusing. He basically wants to sneak it through. Both last years bill and this years bill were to just deal with flavored smokeless tobaccos. The fact that e-cigs are even on there is just silly. But If you do any research on him you will notice a lot of tobacco info on him. here is a wiki Paul Ray - Wikipedia, the free encyclopedia

We have gotten Casaa and national vapers club involved and they will be fighting this bill to get it amended to not include e-liqid e-cigs.

from what i get out of it. E-cigs will still be allowed to be sold "face to face" in utah but they dont want people ordering anything over the internet e-cig related nor shipped to people here. Which is ridiculous. Most sites have an agreement you have to agree to be bound to stating you are of legal smoking age in your state. I know that's iron clad or anything but we as suppliers do our best to make sure nobody buys them that is under age. well the responsible suppliers that is. I personally opened a brick and mortar store here in ogden utah bill. I have signs posted everywhere stating i ask for I.D. on every sale and that you must be of legal smoking age to purchase anything from my store.

 

[Vocalek]

IMHO, we need to get this bill quashed, not amended.

Many ECF members also rely on using some-free tobacco products such as snus to remain smoke-free. Just so I would know what it was, I tried some Swedish snus. I can tell you this: Without added flavors, that product would be totally unpallatable. The same goes for the new orbs that the antis claim look and taste like candy. Sorry, but the Nicorette lozenges that come in yummy cherry and mint flavors taste a lot more like candy than Ariva does! But Ariva doesn't cost as much.

Remember how the Nicorette gum never sold much until they added flavors? This bill is nothing more or less than a ploy to make smoked cigarettes and pharmaceutical nicotine the only two products in town.

All of the targeted products are reduced-harm alternatives that people can use instead of smoking.

So our message needs to be about tobacco harm reduction and how much more effective it is at reducing the prevalence of smoking than NRTs.

 

[applefr3ak]

Very True Vocalek

 

[Thulium]

This is the part that really frightens me:

(1) As used in this section, "electronic cigarette without a switch" means an electronic
524 cigarette that does not have a switch that enables an individual to turn off the electronic
525 cigarette.
526 (2) A person who provides an electronic cigarette without a switch to a person who is
527 19 years of age or older is guilty of:
528 (a) a class C misdemeanor on the first offense; and
529 (b) a class B misdemeanor on each offense after the first offense.

I'm not entirely sure what qualifies as a "switch" since every electronic device obviously has a switch, but I believe they mean to ban all automatic batteries.

It drives the antis crazy that you don't have to light e-cigs on fire so they can't tell if you're actually using it or not. Crying shame, that.

 

[applefr3ak]

I know.. really.. what the hell...

 

[son et lumiere]

Who do I need to email or call to get this stopped?

 

[Placebo Effect]

Who do I need to email or call to get this stopped?

It appears that the bill is at the House Rules Committee at the moment.

Those legislators were on the Rules Committee, as of last month:
Rep. Wayne A. Harper, Chair
Rep. Ryan D. Wilcox, Vice Chair
Rep. Jim Bird
Rep. Jackie Biskupski
Rep. David Clark
Rep. Michael Morley
Rep. Carl Wimmer
Rep. Bill Wright
Rep. Larry Wiley

If any of these legislators are your representative, you have a great chance of swaying their minds.

 

[son et lumiere]

Anyone have their emails?

 

[Placebo Effect]

Anyone have their emails?

CASAA is working on a legislator list at the moment.

The good news is that the Utah House of Representatives is in Salt Lake City. Myself and the e-cigarette community would be in your debt if you made real-life contact with some of the people on the Rules Committee.

Additionally, if you'd be willing to be interviewed by local TV / radio stations, please PM me your contact info, including name, phone number, and e-mail. I'd like to try to get smokeless alternative users interviewed by Utah TV and radio.

 

[Bill Godshall]

The section of the bill highlighted by Thulium would ban the sale of the vast majority of e-cigarette products (because they don't have on/off switches).

As I recall, Representative Paul Ray (sponor of HB 170) also sponsored the bill last year to ban the sale of all e-cigarettes, but it was amended to just ban e-cig sales to minors (thanks to e-cig consumers and vendors contacting UT legislators). So it appears that Rep. Ray is once again trying to ban the sale of e-cigs to adults by including a stealth provision in the bill that requires all e-cigs to have on/off switches.

HB 170 has been referred to the Utah House Standing Business and Labor Committee
H.B. 170 Bill Status

Unfortunately, Committees for 2011/12 session aren't listed on the UT legislative website yet (just as occurred in NY two weeks ago). The 2009/2010 Committees are listed at:
Utah House of Representatives

Business and Labor Committee 2009/10
Jim Dunnigan - Chair
Patrick Painter - Vice Chair
Steve Clark
Kevin Garn
Francis Gibson
Gage Froerer
Todd Kiser
Mike Morley
Brent Wallis
Curt Webb
Jackie Biskupski
Susan Duckworth
Neil Hansen
Brian King

 

[JustJulie]

Bill is right . . . H170 just moved to its new committee within the last hour. *sigh*

Here's the 2011/2012 assignments for Business & Labor:

Jim Dunnigan, Chair
Dixon Pitcher, Vice Chair
Jackie Biskupski
Jim Bird
Derek Brown
Susan Duckworth
Gage Froerer
Francis Gibson
Don Ipson
Todd Kiser
Brad Last
Mike Morley
Curt Webb
Larry Wiley

 

[deusXmchna]

But If you do any research on him you will notice a lot of tobacco info on him. here is a wiki Paul Ray - Wikipedia, the free encyclopedia

That info on WL is from 2006. Even back then (according to what I'm reading) Tobacco was the 8th largest contributor, while Pharma was #2. 2008 & 2010, Pharma is his #1 contributor. Tobacco isn't even on the map anymore.

I'd set up the battleplan like you are fighting BigPharma, not tobacco.

 

[jameth]

Absolutely ridiculous, makes me want to vomit, it is times like these that make me want to get the hell out of the USA...

I am so furious I don't even know what to say...

At least I am about 30 mins from both Nevada and Arizona, so if I need to get a PO box outside of Utah, so be it, douche bags.