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S. B. No. 379 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Manning, Kearney
A BILL
To enact section 1349.83 of the Revised Code to ban
the sale of products intended for use in
electronic cigarettes that are not in
child-resistant packaging.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1349.83 of the Revised Code be
enacted to read as follows:
Sec. 1349.83. (A) As used in this section:
(1) "Electronic cigarette" has the same meaning as in section
2927.02 of the Revised Code.
(2) "Child-resistant packaging" means packaging to which both
of the following apply:
(a) The packaging is designed or constructed to be
significantly difficult, within a reasonable time, for a child
under five years of age to open or to obtain a toxic or harmful
amount of the substance contained in the packaging.
(b) The packaging is not difficult for a normal adult to open
or to properly use the product packaged.
(B) No person shall sell any liquid, whether or not the
liquid contains nicotine, that is intended for human consumption
and use in an electronic cigarette that is not in child-resistant
packaging. The department of health shall adopt rules establishing
the standards for child-resistant packaging.
(C) This section does not apply to electronic cigarette
products sold in sealed, pre-filled, or disposable replacement
cartridges.
(D) Whoever violates this section shall be subject to a civil
penalty of up to one thousand dollars for each violation. The
clerk of the court shall pay the civil penalty to the county
treasurer for deposit into the county treasury.
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