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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: April 5, 2019 09:39 AM
From: Senator Camera Bartolotta
To: All Senate members
Subject: Establishing the Vapor Products Licensure & Regulatory Act
In the near future, I will introduce legislation to help deter underage access to vapor products by creating a uniform licensure structure for all vapor companies; regulating vapor product adulteration and enhancing consumer safety; regulating the online sales of vapor products; and creating penalties for unlawful product distribution.

There has been considerable concern about vape products being increasingly consumed by minors. Reversing the trend requires efforts on multiple fronts. That is why my proposal will require the licensure of all vapor industry manufacturers, wholesalers, distributors and retailers to ensure knowledge of those engaged in all aspects of the vapor distribution chain. In some cases, companies that act as both a manufacturer and distributor would have multiple licenses.

Additionally, this proposal would increase penalties for attempts to sell through straw-man purchases on school property. Significant monetary penalties would be imposed on retailers and their employees who sell products to minors or who fail to verify a purchaser’s age. My proposal also creates reasonable penalties for minors in possession of vapor products including, for example, small fines, community service, and/or suspension of a minor’s driver’s license for the third or subsequent offense in a 12-month period.

In an effort to establish a level of consumer safety, my legislation would require all products to use tamper-evident packaging and child-proof caps, as well as include a nicotine addictiveness warning statement. Likewise, vapor products would be restricted from being displayed behind a counter or in a closed-display case.

Finally, this proposal would mandate that online sales include independent age verification through a third-party age verification service utilizing public records and/or information provided to confirm the age of the purchaser. A state retail license would also be required in order to make a sale online for delivery to a consumer in the Commonwealth.

Please join me to cosponsor this legislation to ensure regulatory compliance of Pennsylvania’s vaping industry.

Introduced as SB765