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.

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.