Not that I am doing anything different that what you all are doing, I too, emailed those guys. And I'm not even from Virginia! Hagy is away until after the new year, but someone else in his office replied to my email. Of course, I replied back, for what it's worth. Here is our exchange:
From: XXXXXXXXXXXXX
Sent: Sunday, December 27, 2009 6:44:50 PM
To: Hagy, Gary (VDH)
Subject: Question regarding the smoking ban
Auto forwarded by a Rule
Mr. Hagy,
I would like more information on how it was determined that electronic cigarettes are considered cigarettes. As I'm sure you are aware, electronic cigarettes contain no tobacco, do not need to be ignited, and they produce no smoke.
G.S. § 15.2-2820 clearly define smoking as
"Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind.
So again, I would like clarification as to where in the LAW electronic cigarettes can be included when clearly they are not lit or producing smoke of any kind that is being inhaled or exhaled.
A timely response would be greatly appreciated.
Regards,
XXXXXXXXXXX
On Sun, Dec 27, 2009 at 7:33 PM, Gordon, Christopher (VDH) <
Christopher.Gordon@vdh.virginia.gov> wrote:
Ms. XXXXX;
Thank you for contacting the Virginia State Health Department regarding your question about the prohibition of electronic cigarettes in the Clean Indoor Air Act, Title 15.2-2820 Definitions. Your question was referred to me for response. As you have identified the appropriate section where the terms "smoke" and "smoking" are defined, I've bolded and underlined the relevant portions below:
"Smoke" or "smoking" means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting,
inhaling, or exhaling of smoke from a
pipe, cigar, or
cigarette of any kind.
Electronic cigarettes are included in the definition of 'cigarette of any kind' since it does allow users to inhale nicotine vapor. The Food and Drug Administration released their study of electronic cigarettes earlier this year where they identified diethylene glycol (toxic to humans) along with nicotine in the inhaled vapor from electronic cigarettes and cautioned against its use. If you have further questions or need more information, please contact me.
Chris Gordon
Environmental Health Manager
Food & Dairy Program, OEHS
109 Governor's Street, 5th Floor
Richmond, VA 23219
work: 804-864-7417
blackberry: 804-840-0114
fax: 804-864-7475
-------------------------------------------
Mr. Gordon,
Thank you for such a timely response. However, I still feel there is a major mis-interpretation here. Per § 58.1-1031, a cigarette is define as: Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use,
and consists of or contains (i)
any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii)
tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii)
any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (i) of this definition. The term "cigarette" includes "roll-your-own" tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of 'cigarette,' 0.09 ounces of "roll-your-own" tobacco shall constitute one individual 'cigarette.
Clearly, there is in no way in which an electronic cigarette can meet the state's definition of a cigarette since it does not contain tobacco.
Furthermore, your response stated that "Smoke" or "Smoking" was defined as carrying or holding of any
lighted pipe, cigar or cigarette of any kind..............
inhaling, or exhaling of
smoke.
As well as not containing tobacco, electronic cigarettes do not get lit and they do not produce smoke. From the glossary of Scientific Definitions, smoke is defined as: Particles suspended in air after incomplete combustion.
Clearly there is no way an electronic cigarette is capable of com-busting anything.
Finally, I can't understand why the Department of Health seems so intent on trying to regulate something that is literally saving lives. Would you rather me to continue "smoking" "cigarettes" with there known 4000+ ingredients that are know to cause cancer and kill people?
Regards,
XXXXXXXXXXX
