SB0134S01 | Tobacco Regulation Amendments

Description

General Description:

This bill amends provisions relating to the regulation of electronic cigarettes.

Highlighted Provisions:

This bill:
▸ provides that a regulation on nicotine content in electronic cigarette products may not be more restrictive than a certain level; and
▸ limits the Department of Health's authority to regulate certain electronic cigarette products that have been authorized for sale by the United States Food and Drug Administration.

Substitute 1

▸lower the nicotine level slightly, but not really. Most products could still stay at the higher levels.

▸takes a lot of the positive aspects and wording from SB 189 and puts them in this bill - strengthening of penalties, etc.

▸raises the tax on e-cigarettes

Bill Details

Bill Number:

SB0134S01

Year:

2021

Status:

Senate/ filed

Last Action:

Mar 05, 2021

Fiscal Note

Fiscal Note Amount:

None

View Fiscal Note

Utah PTA Response

Utah PTA Position

Oppose

SB 134 Sub 1 attempts to placate the crowd who is against this bill by raising the tax, and upping the penalties for retailers who break the rules, in turn, then it would be ok for them to up the levels of nicotine in these products. "See, we are doing something to take them out of the hands of kids, and you don't really care about everyone else being hooked on nicotine, and in case you still are concerned, here's some money..."

Senator Bramble has framed this legislation as the case of the Health Dept trying to put in place rules and regulations, but that it should be the legislature who does that. HB 23 had the same wording as HB 415 from 2015, that Senator Bramble was a sponsor of, and he didn't seem to mind that for the past 5 years, but he is upset now since the DOH came back with answers that someone doesn't like. The DOH has come out in opposition to this bill as well, and you don't usually see a department of the government coming out like that. If the senators were listening to this more as a health issue, their responses might be different, but this did get sent to the Senate Business & Labor Commission, so that tells you something about how they are approaching this bill (and most of the vaping legilation over the years).

Utah PTA Resolution:

HEA 2015-2 | Electronic Cigarettes and Utah Youth

Impact on Children:

Flavors and nicotine are the 1-2 punch that gets our children hooked on e-cigarettes. Allowing tobacco companies to triple the amount of nicotine which will be very harmful to anyone who tries e-cigarettes and becomes addicted.

It also increases the Preemption Expansion that was started in HB 23 last year - Removes local power to regulate products - at all - makes it so tobacco companies just need to lobby the state legislature, which may be unfairly influenced by conflicts of interest or special interest money.

Commission:

Student Leadership

Utah PTA Public Policy Program

National PTA and Utah PTA Resolutions:

That Utah PTA support state and local ordinances that appropriately address regulations of ENDS products.

Utah PTA Legislative Policy:

Maximum local control when it serves the best interest of all children and youth.

Utah PTA Legislative Priorities:

Support measures to promote safe and healthy environments and behaviors for children

National PTA and Utah PTA Position Statements:

National PTA will participate with other organizations in educating the public about the dangers of tobacco products, their effects, and the cost of the use of tobacco products to society as a whole.