Substitute For
HOUSE BILL NO. 4251
A bill to prohibit the sale of vapor products that contain vitamin E acetate; and to prescribe penalties.
the people of the state of michigan enact:
(a) "Liquid nicotine" means a liquid containing nicotine in any concentration that is sold, marketed, or intended for use in a vapor product.
(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 liquid nicotine, 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 liquid nicotine 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 that contains or has been combined with any of the following:
(a) Vitamin E acetate.
(b) Any other ingredient that the United States Food and Drug Administration has, at the concentration present within the liquid nicotine, prohibited for inhalation.
(2) A person that violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $10,000.00.
Enacting section 1. This act does not take effect unless Senate Bill No.____ or House Bill No. 4878 (request no. 03352'21) of the 101st Legislature is enacted into law.