2026 -- S 2098 | |
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LC003424 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO TAXATION -- CIGARETTE, OTHER TOBACCO PRODUCTS, AND | |
ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS | |
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Introduced By: Senators Zurier, and Ujifusa | |
Date Introduced: January 16, 2026 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 44-20-61 of the General Laws in Chapter 44-20 entitled "Cigarette, |
2 | Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended |
3 | to read as follows: |
4 | 44-20-61. Product restrictions on electronic nicotine-delivery system products. |
5 | (a) For purposes of this section, the following terms shall have the following meanings: |
6 | (1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or |
7 | aroma of tobacco or menthol, distinguishable by an ordinary consumer, imparted either prior to, or |
8 | during, consumption of an electronic nicotine-delivery system product or component part thereof, |
9 | including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen, |
10 | chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart |
11 | a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery |
12 | system product has a characterizing flavor shall not be based solely on the use of additives, |
13 | flavorings, or particular ingredients, but shall instead consider all aspects of a final product |
14 | including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements. |
15 | A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has |
16 | made a statement or claim directed to consumers or the public about such flavor, whether expressed |
17 | or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco or |
18 | menthol). |
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1 | (2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine- |
2 | delivery system product that imparts a characterizing flavor. |
3 | (b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, |
4 | flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island |
5 | is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode |
6 | Island department of business regulation-office of cannabis regulation under chapter 28.6 of title |
7 | 21 are exempt from this provision except as to products that contain, are made of, or are derived |
8 | from tobacco or nicotine, natural or synthetic. |
9 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- CIGARETTE, OTHER TOBACCO PRODUCTS, AND | |
ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS | |
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1 | This act would include menthol as a flavored electronic nicotine-delivery system product. |
2 | This act would take effect upon passage. |
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