HB1812: regulating certain vapor products.

HB 1812-FN - AS INTRODUCED

2018 SESSION

18-2028

01/04

HOUSE BILL 1812-FN

AN ACT regulating certain vapor products.

SPONSORS: Rep. Read, Rock. 17; Rep. Vann, Hills. 24; Rep. DiLorenzo, Rock. 17; Rep. Frost, Straf. 16

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill regulates e-liquids sold in New Hampshire by requiring certain labeling on the products. The bill also prohibits certain ingredients in e-liquid products.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2028

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT regulating certain vapor products.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Regulating E-Liquids. Amend RSA by inserting after chapter 126-Z the following new chapter:

CHAPTER 126-AA

REGULATING E-LIQUIDS

126-AA:1 Definitions. In this chapter:

I. "E-liquid'' means a substance that may or may not contain nicotine and is intended to be vaporized and inhaled using a vapor product.

II. "Manufacturer" means a person or business located inside or outside of New Hampshire that is engaged in manufacturing e-liquids.

126-AA:2 Product Labeling; Contents of E-Liquid: Penalty.

I. A manufacturer or distributor that sells, offers for sale, or distributes e-liquid products in New Hampshire shall include on the label a list of ingredients in descending order in accordance with federal Food and Drug Administration guidelines for food.

II. E-liquids sold in New Hampshire shall not contain diacetyl, acetyl propionyl, or acetoin or any substance known to be hazardous when inhaled in accordance with federal Food and Drug Administration guidelines.

III. Any person who violates this chapter shall be guilty of a class B felony.

2 Effective Date. This act shall take effect January 1, 2019.

LBAO

18-2028

12/14/17

HB 1812-FN- FISCAL NOTE

AS INTRODUCED

AN ACT regulating certain vapor products.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill regulates e-liquids by requiring labeling on products and prohibiting the use of certain ingredients. This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2019

FY 2020

Routine Criminal Felony Case

$457

$462

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Department of Corrections

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

The Liquor Commission, Department of Justice, Judicial Council, and Department of Health and Human Services state the bill will have no fiscal impact.

AGENCIES CONTACTED:

Department of Health and Human Services, Liquor Commission, Department of Corrections, Judicial Branch, Judicial Council, and New Hampshire Association of Counties