Home » Bill to regulate e-cigarettes clears House panel

Bill to regulate e-cigarettes clears House panel

Legislation would include e-cigarettes among other types of tobacco products

FRANKFORT, Ky. (Feb. 19, 2014) — Electronic cigarettes would be regulated as tobacco products in Kentucky under legislation that passed the House Licensing and Occupations Committee today.

E-cigarettes consist of a rechargeable lithium battery, a liquid cartridge and an LED light at one end that simulates the burning effect of a regular cigarette. When the user inhales, or “vapes,” a heating element converts the liquid in the cartridge into a vapor. Cartridges typically contain nicotine, propylene glycol or glycerol, flavoring and other additives.
E-cigarettes consist of a rechargeable lithium battery, a liquid cartridge and an LED light at one end that simulates the burning effect of a regular cigarette. When the user inhales, or “vapes,” a heating element converts the liquid in the cartridge into a vapor. Cartridges typically contain nicotine, propylene glycol or glycerol, flavoring and other additives.

House Bill 309, sponsored by Rep. Joni Jenkins, D-Shively, would include the relatively new product among cigarettes, cigars, and other types of tobacco products that are state regulated. It would also make e-cigarettes off limits to anyone under age 18.

E-cigarettes have a battery, electric circuit, or other component that allows them to produce vaporized or aerosol nicotine. The nicotine is derived from tobacco grown in India and China, said National Center for Tobacco-Free Kids regional director Amy Barkley, who testified on the bill with Jenkins before the committee.

Rep. Brad Montell, R-Shelbyville, questioned whether e-cigarettes would be taxed as tobacco products if redefined under HB 309. Jenkins said that would be up to the House Appropriations and Revenue Committee, which is now working on a state budget proposal for the next two years.

Concerns about how broadly the legislation could be interpreted were expressed by Rep. Adam Koenig, R-Erlanger, who asked Jenkins, “… why don’t we just have a bill that said, e-cigarettes: You can’t buy them if you’re 18.”

“I guess because the industry is constantly changing, and if we just say e-cigarettes next year there’ll be a another product very similar but that’s not exactly an e-cigarette,” Jenkins said.

HB 309 now goes to the full House for its consideration.