2016 -- H 7427 SUBSTITUTE A

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LC003992/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

     

     Introduced By: Representatives Melo, Craven, Shekarchi, McNamara, and Solomon

     Date Introduced: January 29, 2016

     Referred To: House Health, Education & Welfare

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 11-9 of the General Laws entitled "Children" is hereby amended by

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adding thereto the following section:

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     11-9-13.20. Packaging of electronic delivery system liquid. -- (a) No liquid, whether or

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not such liquid contains nicotine, that is intended for human consumption and use in an electronic

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nicotine-delivery system, as defined in §11-9-13.4, shall be sold unless the liquid is contained in

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child-resistant packaging.

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     (b) All licensees under §23-1-56 shall ensure that any liquid intended for human

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consumption and use in an electronic nicotine-delivery system, as defined in §11-9-13.4, is sold

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in child-resistant packaging.

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     (c)(l) For the purposes of this section, "child-resistant packaging" means packaging that

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is designed or constructed to be significantly difficult for children under five (5) years of age to

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open or obtain a toxic or harmful amount of the substance contained therein within a reasonable

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time and not difficult for normal adults to use properly, but does not mean packaging which all

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such children cannot open or obtain a toxic or harmful amount within a reasonable time. A liquid,

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as referred to in subsection (a) of this section, enclosed in a package, cartridge, or other container

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that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer

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shall qualify as child-resistant packaging.

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     (2) For purposes of this section, all regulations prescribing standards for "special

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packaging'' of household substances per chapter 24.1 of title 23 now or hereafter adopted under

 

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the authority of the federal poison prevention packaging act are the regulatory standards in this

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state for "child-resistant packaging" as defined in subsection (c)(l) of this section. Provided,

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however, that if any federal statute or federal regulation and/or rule is promulgated prescribing

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standards specifically for child safety packaging for liquid nicotine containers, that federal statute

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or federal regulation and/or rule shall be the regulatory standard under this section as of the

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effective date of any such enacted legislation or final regulation and/or rule.

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     (d) Any licensee or any person required to be licensed under §23-1-56 that fails to

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comply with this section shall be subject to the penalties provided in §11-9-13.13.

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     (e) The licensee is responsible for all violations of this section that occur at the location

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for which the license is issued.

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     (f) No licensee or person shall be found in violation of this section if the licensee or

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person relied in good faith on documentation provided by or attributed to the manufacturer of the

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packaging of the aforementioned liquid that such packaging meets the requirements of this

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section.

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     SECTION 2. Sections 11-9-13.10, 11-9-13.13, 11-9-13.16 and 11-9-13.17 of the General

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Laws in Chapter 11-9 entitled "Children" are hereby amended to read as follows:

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     11-9-13.10. Prohibition on the distribution of free tobacco products. -- The

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distribution of free tobacco products and electronic nicotine-delivery systems or coupons or

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vouchers redeemable for free tobacco or electronic nicotine-delivery system products to any

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person under eighteen (18) years of age shall be prohibited. Further, the distribution of free

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tobacco products or electronic nicotine-delivery systems or coupons or vouchers redeemable for

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free tobacco or electronic nicotine-delivery systems products shall be prohibited, regardless of the

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age of the person to whom the products, coupons, or vouchers are distributed, within five hundred

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(500) feet of any school. The attorney general, any local or state of Rhode Island police

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department, their officers or agents shall bring an action for any violation of this section. Every

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separate, free tobacco product or electronic nicotine-delivery system or coupon or voucher

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redeemable for a free tobacco or electronic nicotine-delivery system or product in violation of this

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section shall constitute a separate offense subject to a fine of five hundred dollars ($500). The

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penalty shall be assessed against the business or individual responsible for initiating the Rhode

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Island distribution of the free tobacco products or electronic nicotine-delivery systems or coupons

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or vouchers redeemable for free tobacco products or electronic nicotine-delivery systems.

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     11-9-13.13. Nature and size of penalties. -- (a) Any person or individual who violates a

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requirement of § 11-9-13.6(2), display of specific signage, shall be subject to a fine in court of not

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less than thirty-five dollars ($35.00), nor more than five hundred dollars ($500), per civil

 

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violation.

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      (b) The license holder is responsible for all violations of this section that occur at the

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location for which the license is issued. Any license holder that violates the prohibition of §§11-

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9-13.8(1), and/or (2) 11-9-13.8(2) or 11-9-13.20 shall be subject to civil fines as follows:

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      (1) A fine of two hundred fifty dollars ($250) for the first violation within any thirty-six-

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month (36) period;

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      (2) A fine of five hundred dollars ($500) for the second violation within any thirty-six-

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month (36) period;

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      (3) A fine of one thousand dollars ($1,000) and a fourteen-day (14) suspension of the

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license to sell tobacco products or electronic nicotine-delivery systems for the third violation

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within any thirty-six-month (36) period;

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      (4) A fine of one thousand five hundred dollars ($1,500) and a ninety-day (90)

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suspension of the license to sell tobacco products or electronic nicotine-delivery systems for each

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violation in excess of three (3).

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      (c) Any person that violates a prohibition of § 11-9-13.8(3), sale of single cigarettes; §

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11-9-13.8(2), regarding factory-wrapped packs; shall be subject to a penalty of five hundred

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dollars ($500) for each violation.

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      (d) The department of taxation and/or the department of health shall not issue a license to

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any individual, business, firm, association, or corporation the license of which has been revoked

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or suspended, to any corporation an officer of which has had his or her license revoked or

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suspended, or to any individual who is, or has been, an officer of a corporation the license of

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which has been revoked or suspended so long as such revocations or suspensions are in effect.

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      (e) The court shall suspend the imposition of a license suspension of the license secured

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from the Rhode Island tax administrator for violation of subdivisions (b)(3) and (b)(4) of this

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section if the court finds that the license holder has taken measures to prevent the sale of tobacco

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and/or electronic nicotine-delivery systems to minors and the license holder can demonstrate to

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the court that those measures have been taken and that employees have received training. No

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person shall sell tobacco products and/or electronic nicotine-delivery system products at retail

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without first being trained in the legal sale of tobacco and/or electronic nicotine-delivery system

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products. Training shall teach employees what constitutes a tobacco and/or electronic nicotine-

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delivery system product; legal age of purchase; acceptable identification; how to refuse a direct

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sale to a minor or secondary sale to an adult; and all applicable laws on tobacco sales and

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distribution. Dealers shall maintain records indicating that the provisions of this section were

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reviewed with all employees who conduct, or will conduct, tobacco and/or electronic nicotine-

 

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delivery systems sales. Each employee who sells or will sell tobacco and/or electronic nicotine-

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delivery system products shall sign an acknowledgement form attesting that the provisions of this

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section were reviewed with him or her. Each form shall be maintained by the retailer for as long

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as the employee is so employed and for no less than one year after termination of employment.

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The measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to minors

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shall be defined by the department of behavioral healthcare, developmental disabilities and

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hospitals in rules and regulations.

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     11-9-13.16. Rules and regulations. -- The department of mental health, retardation

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behavioral healthcare, developmental disabilities and hospitals shall promulgate the rules and

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regulations necessary to fulfill the intent of §§ 11-9-13.2 -- 11-9-13.19 11-9-13.20.

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     11-9-13.17. Fines collected. -- (a) One-half (1/2) of all the fines collected pursuant to §§

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11-9-13.2 -- 11-9-13.19 11-9-13.20 shall be transferred to the municipalities in which the citation

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originated.

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      (b) One-half (1/2) of all the fines collected pursuant to §§ 11-9-13.2 -- 11-9-13.19 11-9-

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13.20 shall be transferred to the general fund.

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     SECTION 3. Sections 23-20.9-4 and 23-20.9-5 of the General Laws in Chapter 23-20.9

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entitled "Smoking in Schools" are hereby amended to read as follows:

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     23-20.9-4. Definitions. -- As used in this chapter:

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      (1) "Person" means any person or persons including but not limited to contract or other

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workers on school property, school students, school administrators, school employees, school

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faculty, and school visitors.

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      (2) "School or schools" means any non-residential school building, public or private, of

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any city or town or community educational system regulated, directly or secondarily, by the board

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of regents for elementary and secondary education or the department of elementary and

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secondary education or any other state education board or local city or town school board or

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school committee or other legal educational subdivision acting under it. As used in this chapter,

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the term "school or schools" includes but is not limited to school playgrounds, school

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administration buildings, indoor school athletic facilities, school gymnasiums, school locker

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rooms, school buses, other school vehicles, other school buildings whose use is not primarily

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residential, and outside areas within twenty-five (25) feet of any school building.

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      (3) "Governing body" means the body, board, committee or individual, or its designated

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agent(s) or designee(s), responsible for, or which has control over, the administration of any

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elementary or secondary school, public or private, in the state.

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      (4) "Tobacco product usage" means the smoking or use of any substance or item which

 

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contains tobacco, including but not limited to cigarettes, cigars, pipes, or other smoking tobacco,

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or the use of snuff or smokeless tobacco, or having in one's possession a lighted cigarette, cigar,

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pipe, or other substance or item containing tobacco.

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     (5) "Electronic nicotine-delivery system usage'' means any vaping, inhaling, or use of any

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device defined in §11-9-13.4.

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     23-20.9-5. Regulation of smoking in schools. -- (a) The governing body of each school

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in Rhode Island shall be responsible for the development of enforcement procedures to prohibit

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tobacco product usage and electronic nicotine-delivery system usage by any person utilizing

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school facilities. All facilities used by a school, whether owned, leased or rented, shall be subject

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to the provisions of this chapter. Enforcement procedures shall be promulgated and conspicuously

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posted in each building.

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      (b) This chapter shall not modify, or be used as a basis for modifying school policies or

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regulations in effect prior to the passage of this chapter if the existing policies or regulations

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prohibit tobacco product usage and electronic nicotine-delivery system usage in the school.

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      (c) All school areas where tobacco product usage is prohibited shall be clearly marked

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with "nonsmoking area" signs with bold block lettering at least three inches (3") high stating

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"Tobacco-Free School -- Tobacco Use Prohibited". All school areas where electronic nicotine-

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delivery system usage is prohibited shall be clearly marked with "nonsmoking area" signs with

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bold block lettering at least three inches (3") high stating "E-Cigarettes and Vapor Devices

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Prohibited". There shall be at least one "nonsmoking area" sign, in conformance with the above,

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at every building entrance and in other areas as designated by the governing body. Signs shall

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also be posted in every school bus and every school vehicle. Signs as detailed above shall be

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provided, without charge, by the department of health.

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     SECTION 4. This act shall take effect on January 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- CHILDREN

***

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     This act would prohibit the sale of liquid that is intended for human consumption and/or

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use in an electronic nicotine-delivery system that is not contained in child-resistant packaging.

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This act would also prohibit the use of electronic nicotine-delivery systems in schools and

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establish penalties for any violations by the users and/or sellers.

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     This act would take effect on January 1, 2017.

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