Full Text of SB0664 101st General Assembly
SB0664sam001 101ST GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 4/9/2019
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| 1 | | AMENDMENT TO SENATE BILL 664
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 664 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Tobacco Products Compliance Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Person" means any individual, corporation, partnership, | 8 | | firm,
organization
or association. | 9 | | "Tobacco product" means any product made or derived from | 10 | | tobacco, any product containing tobacco, or any product | 11 | | intended for or traditionally used with tobacco, including | 12 | | papers, wraps, tubes, filters, e-cigarettes, vapor devices, | 13 | | and liquids used in e-cigarettes and vapor devices. A product | 14 | | otherwise meeting the definition of a tobacco product will be | 15 | | deemed a "tobacco product" regardless of any labeling or | 16 | | descriptive language on such product stating that the product |
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| 1 | | is not intended for use with tobacco or for non-tobacco use | 2 | | only or other similar language. | 3 | | Section 10. Compliance reports. Any person, including any | 4 | | repacker or relabeler, who manufactures, fabricates, | 5 | | assembles, processes, or labels a tobacco product, or imports a | 6 | | finished tobacco product for sale or distribution in the United | 7 | | States, located in or having a place of business in the State, | 8 | | shall be required to provide annually, by June 1, 2020 and by | 9 | | June 1 of each year thereafter, written evidence and | 10 | | documentation of its compliance with Sections 903, 904, 905, | 11 | | and 920 of the federal Family Smoking Prevention and Tobacco | 12 | | Control Act of 2009 to the Department of Public Health and the | 13 | | Department of Revenue. | 14 | | This written documentation shall provide a true and | 15 | | accurate written certification stating the person's compliance | 16 | | with Sections 903, 904, 905, and 920 of the federal Family | 17 | | Smoking Prevention and Tobacco Control Act of 2009, and shall | 18 | | be accompanied by written evidence for each tobacco product | 19 | | manufactured, sold, or distributed by the person: (i) that the | 20 | | tobacco product is a "grandfathered" product that was | 21 | | commercially marketed in the United States as of February 15, | 22 | | 2007; (ii) that the tobacco product was marketed after February | 23 | | 15, 2007, but before March 22, 2011, and the tobacco product | 24 | | manufacturer submitted a 905(j) substantial equivalence report | 25 | | for the product by March 22, 2011 and has not received a Not |
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| 1 | | Substantially Equivalent order from the United States Food and | 2 | | Drug Administration; or (iii) that the person received a | 3 | | receipt of a marketing authorization order from the United | 4 | | States Food and Drug Administration after review of a premarket | 5 | | submission intended to demonstrate substantial equivalence | 6 | | under Section 905(j) of the federal Family Smoking Prevention | 7 | | and Tobacco Control Act of 2009. | 8 | | Section 15. Private right of action. To enforce against a | 9 | | violation of the Act or any rule adopted under this Act by any | 10 | | local government or political subdivision as described in this | 11 | | Act, any interested party may file suit in circuit court in the | 12 | | county where the alleged violation occurred or where any person | 13 | | who is a party to the action resides. Actions may be brought by | 14 | | one or more persons for and on behalf of themselves and other | 15 | | persons similarly situated. If the interested party prevails in | 16 | | its enforcement action, it will be entitled to recover damages | 17 | | of 3 times its attorney's fees and costs, and, in addition, the | 18 | | court or other adjudicating body, at its discretion, may assess | 19 | | punitive damages for any wanton or flagrant violation of the | 20 | | law. | 21 | | Section 20. Rulemaking. The Department of Public Health and | 22 | | the Department of Revenue shall jointly adopt rules for the | 23 | | administration and enforcement of this Act.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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