March 12, 2008, Introduced by Reps. Polidori, Hood, Constan, Accavitti, Clack, Vagnozzi, Warren, Robert Jones, Donigan, Wojno, Rick Jones, Stakoe, Brown, Gonzales, Spade, Clemente and Hammel and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 12608.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12608. (1) This section provides requirements that are
designed to diminish the health risks associated with hookah use
and are in addition to any other requirement of federal, state, or
local law, rule, ordinance, regulation, guideline, or other legal
pronouncement regarding the retail sale of certain tobacco
products. If a person who violates this section is subject to other
federal, state, or local regulatory authority, the department shall
notify the appropriate regulatory authority of that violation.
(2) Before the expiration of 30 days after the effective date
of this section, the department shall develop the content and form
of a label to be affixed to a hookah tobacco product that warns of
the effects hookah tobacco use has on an individual's health. On
and after the expiration of 30 days after the effective date of
this section, a person who possesses hookah tobacco for retail sale
shall affix to each product that contains any detectable quantity
of hookah tobacco the warning label developed by the department
under this subsection.
(3) The owner, operator, manager, or person having control of
a food service establishment or a bar that offers its patrons the
opportunity to purchase hookah tobacco and smoke that tobacco in a
hookah on its premises shall diminish the health risks associated
with hookah use by doing all of the following:
(a) Providing information, education, and training to its
employees regarding the provisions of this section and other
federal, state, or local laws, rules, ordinances, regulations,
guidelines, and other legal pronouncements regarding the sale,
taxation, storage, or handling of tobacco products, including, but
not limited to, the prohibition on the sale of tobacco products to
minors. If available, the owner, operator, manager, or person
having control of the food service establishment or bar may utilize
information provided on the department's website to provide the
information, education, and training required under this
subdivision.
(b) Providing for the thorough and complete cleaning and
sanitation of each hookah before each use by a patron on its
premises. Cleaning and sanitation include, but are not limited to,
removing the water, sanitizing all internal areas of the hookah
body and bowl, and providing a sterile, single-use plastic
mouthpiece and hose.
(4) A person who violates this section is responsible for a
state civil infraction as provided under chapter 88 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and
may be ordered to pay a civil fine of not more than $100.00 for
each violation.
(5) As used in this section:
(a) "Bar" means an establishment that operates under an on-
premises license issued under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(b) "Food service establishment" means a food service
establishment that is subject to section 12905.
(c) "Hookah" means a tobacco pipe in which the smoke is drawn
through water before reaching the lips and includes a narghile or
other similar instrument.
(d) "Hookah tobacco" means a noncigarette smoking tobacco that
is smoked using a hookah, which tobacco may be flavored or
sweetened.
(e) "Noncigarette smoking tobacco" means that term as defined
in section 2 of the tobacco products tax act, 1993 PA 327, MCL
205.422.
(f) "Tobacco product" means a product that contains tobacco
and is intended for human consumption, including, but not limited
to, a cigarette, noncigarette smoking tobacco, or smokeless
tobacco, as those terms are defined in section 2 of the tobacco
products tax act, 1993 PA 327, MCL 205.422, and cigars.