House Bill 69

Actions | Amendments
Last Action 03/09/20: recommitted to Licensing, Occupations, & Admin Regs (H)
Title AN ACT relating to vapor products.
Bill Documents Introduced
Bill Request Number 468
Sponsors J. Miller, K. Banta, T. Burch, J. Graviss, C. Massey, K. Moser, R. Palumbo, B. Wheatley
Summary of Original Version Amend KRS 438.305 to define "vapor product enhanced cartridge"; create a new section of KRS 438.305 to 438.340 to require a retailer or manufacturer of a vapor product enhanced cartridge to register and pay a $700 annual fee; prohibit sales of vapor product enhanced cartridge other than through in-person purchase; prohibit sales to anyone under 18, require age verification through an electronic third-party source.
Index Headings of Original Version Fees - Vapor product enhanced cartridge retailer or manufacturer, registration fee for
Public Health - Vapor product enhanced cartridge, sales of
Sales - Vapor product enhanced cartridge, sales of
Small Business - Vapor product enhanced cartridge retailer or manufacturer, registration fee for
Trade Practices and Retailing - Vapor product enhanced cartridge, sales of
Vaping - Vapor product enhanced cartridge, sales of
Cannabis - Vapor product enhanced cartridge, inclusion of
Jump to Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
House Floor Amendment 4
House Floor Amendment 5
House Floor Amendment 6

Actions

Top | Amendments
10/21/19
  • Prefiled by the sponsor(s).
01/07/20
  • introduced in House
  • to Licensing, Occupations, & Admin Regs (H)
02/10/20
  • posted in committee
02/12/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendment (1) filed to Committee Substitute
02/13/20
  • 2nd reading, to Rules
  • floor amendments (2), (3) and (4) filed to Committee Substitute
02/18/20
  • floor amendment (5) filed to Committee Substitute
02/24/20
  • floor amendment (6) filed to Committee Substitute
03/09/20
  • recommitted to Licensing, Occupations, & Admin Regs (H)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Revise definition of "vapor product enhanced cartridge" to "enhanced vapor product"; include disposable products in the definition as well as material that may be aerosolized, also include products with a nicotine salt strength in excess of four percent; amend the definition of "tobacco product" to include material suitable for snorting and other over-the-counter nicotine replacement therapy products suitable to be placed in an individual's oral cavity not approved by the Federal Drug Administration, which contains any kind of tobacco or nicotine that may not contain tobacco, and include vapor products; amend Section 2 to reduce the registration fee from $500 to $210, increase age limit from 18 to 21 years old,
Index Headings Cannabis - Enhanced vapor product, inclusion in definition of
Fees - Enhanced vapor product, retailer or manufacturer of
Licensing - Enhanced vapor product, retailer or manufacturer of
Public Health - Enhanced vapor product, regulation of
Small Business - Enhanced vapor product, retailer or manufacturer of
Tobacco - Tobacco product, definition of
Vaping - Enhance vapor product, definition of

Amendment House Floor Amendment 1
Sponsor J. Miller
Summary Retain original provisions; amend the definition of "enhanced vapor product" by deleting references to psychoactive or mood-altering substances and compounds from the cannabis plant.
Index Headings Cannabis - Enhanced vapor product, definition of
Licensing - Enhanced vapor product, definition of
Public Health - Enhanced vapor product, definition of
Vaping - Enhanced vapor product, definition of

Amendment House Floor Amendment 2
Sponsor J. Hoover
Summary Amend Section 2 to delete prohibition of unaccompanied minors on premises of a retailer or manufacturer of enhanced vapor products.
Index Headings Children and Minors - Enhanced vapor products retailer, unaccompanied minors prohibited
Children and Minors - Enhanced vapor product manufacturers, unaccompanied minors prohibited
Small Business - Enhanced vapor products retailer, unaccompanied minors prohibited
Tobacco - Enhanced vapor product manufacturers, unaccompanied minors prohibited
Tobacco - Enhanced vapor products retailer, unaccompanied minors prohibited
Vaping - Enhanced vapor product manufacturers, unaccompanied minors prohibited
Vaping - Enhanced vapor products retailer, unaccompanied minors prohibited

Amendment House Floor Amendment 3
Sponsor J. Hoover
Summary Retain original provisions; amend Section 2 to reduce the registration fee from $210 to $100.
Index Headings Fees - Retailer or manufacturer of enhanced vapor product, registration for
Licensing - Retailer or manufacturer of enhanced vapor product, registration for
Small Business - Retailer or manufacturer of enhanced vapor product, registration for
Vaping - Retailer or manufacturer of enhanced vapor product, registration for

Amendment House Floor Amendment 4
Sponsor J. Hoover
Summary Amend Section 2 to delete provision allowing revocation of a retailer's or manufacturer's registration for a violation.
Index Headings Licensing - Enhanced vapor product retailer, registration of
Licensing - Enhanced vapor product manufacturer, registration of
Small Business - Enhanced vapor product retailer, registration of
Tobacco - Enhanced vapor product manufacturer, registration of
Tobacco - Enhanced vapor product retailer, registration of
Vaping - Enhanced vapor product manufacturer, registration of
Vaping - Enhanced vapor product retailer, registration of

Amendment House Floor Amendment 5
Sponsor J. Hoover
Summary Amend definition of "enhanced vapor product"; specify an enhanced vapor product shall not contain vitamin E acetate.
Index Headings Licensing - Enhanced vapor product, definition of
Tobacco - Enhanced vapor product, definition of
Vaping - Enhanced vapor product, definition of
Small Business - Enhanced vapor product, definition of

Amendment House Floor Amendment 6
Sponsor J. Miller
Summary Amend the definition of "enhanced vapor product" to remove references to psychoactive or mood-altering substances and cannabis compounds, change nicotine salt strength to 5.1% or greater, and include vitamin E acetate, revise the definition of "tobacco product" to remove products not approved by the Federal Drug Administration as over-the-counter nicotine replacement therapies, define "wholesaler/supplier"; establish a $200 registration fee for retailers and shippers of enhanced vapor products, set a $500 registration fee for a wholesaler/supplier of enhanced vapor products; prohibit sales of enhanced vapor products online, through catalogues, or by phone unless the retailer or manufacturer ships or delivers using a registered shipper; require any person selling enhanced vapor products in another state or country to have a wholesaler/supplier or retailer's registration in order to sell directly to a Kentucky resident; require registered shippers to have a real-time third-party source age verification system.
Index Headings Fees - Enhanced vapor product wholesaler/supplier, registration fee for
Fees - Enhanced vapor products shipper, registration fee for
Occupations and Professions - Enhanced vapor products, wholesaler/supplier of
Occupations and Professions - Enhanced vapor products, retailers of
Occupations and Professions - Enhanced vapor products, shippers of
Vaping - Enhanced vapor products, wholesaler/supplier of
Vaping - Enhanced vapor products, retailers of
Vaping - Enhanced vapor products, shippers of
Licensing - Enhanced vapor product wholesaler/supplier, registration fee for
Licensing - Enhanced vapor products shipper, registration fee for

Last updated: 4/3/2020 3:41 PM (EDT)
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