HOUSE BILL NO. 4251

February 16, 2021, Introduced by Reps. Bellino, Hammoud, Sowerby, Stone, O'Neal, Cynthia Johnson and Weiss and referred to the Committee on Regulatory Reform.

A bill to prohibit the sale of vapor products or alternative nicotine products that contain vitamin E acetate; and to prescribe penalties.

the people of the state of michigan enact:

Sec. 3. As used in this act:

(a) "Alternative nicotine product" means a noncombustible product that contains nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.

(b) "Vapor product" means a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.

Sec. 5. (1) A person shall not sell a vapor product or alternative nicotine product that contains or has been combined with vitamin E acetate.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $10,000.00.