To: Ronda Menlove, David Lifferth, Jack Draxler, Edward Redd, Curt Webb, Jacob Anderegg, Ryan Wilcox, Gage Froerer, Jeremy Peterson, Dixon Pitcher, Brad Dee, Richard Greenwood, Curtis Oda, Brad Wilson, Steve Handy, Stewart Barlow, Roger Barrus, Jim Nielson, Becky Edwards, Doug Sagers, Susan Duckworth, Jennifer M. Seelig, Rebecca Houck, Joel Briscoe, Angela Romero, Mike Kennedy, Brian King, Lee Perry, Janice Fisher, Larry Wiley, LaVar Christensen, Craig Hall, Johnny Anderson, Mark A. Wheatley, Patrice Arent, Carol Moss, Eric Hutchings, Jim Dunnigan, Lynn Hemingway, Daniel McCay, Jim Bird, Earl Tanner, Tim Cosgrove, Steve Eliason, Marie Poulson, Ken Ivory, Keven John Stratton, Robert Spendlove, Richard Cunningham, Greg Hughes, John Knotwell, Melvin Brown, Kraig Powell, John G. Mathis, Kay Christofferson, Brian Greene, Jon Cox, Val Peterson, Dana Layton, Keith Grover, Jon Stanard, Dean Sanpei, Rebecca Lockhart, Francis Gibson, Michael Mckell, Marc Roberts, Merrill Nelson, Jerry Anderson, Kay Mciff, Brad Last, John Westwood, mnoel, Lowry Snow, Don Ipson,
Subject: Please oppose HB112 - Electronic Cigarette Regulation
Date: Fri Feb 21 01:02:26 MST 2014
Hello distinguished elected leaders,
I’m contacting you today to request your opposition to HB112. The bill sponsor has indicated his bill is strictly for the purpose of keeping these products out of the hands of children. However the vast majority of the bill has nothing to do with this goal and is apparent there is a specific agenda by targeting adult consumers and business owners within the e-cigarette industry. We support the licensing and inspections of Utah specific facilities but not non-Utah facilities. We also support the penalties associated with youth access with Utah specific retailers. But there are numerous issues included which I will be brief in my explanation with:
- Section 26-55-102a-c: Utah does not require licensing and health department inspections for the manufacture of consumer electronics, hookahs, tobacco pipes, tobacco vaporizers or any other related product. Why are the e-cigarette hardware manufacturers being unfairly targeted?
- Section 26-55-103: This gives the health department the power to dictate manufacturing practices to out of state liquid and electronics manufacturers. Per the Utah Dept. of Health, they do not do this for any other industry. We believe the products manufactured are intellectual property and such requirements to modify their process and recipes would be illegal under United States Constitution Article I, Section 8 of the Copyright Act and as such would result in extensive legal costs to the state.
- Section 26-55-103: Prohibits all types of retail outlets from selling any e-cigarette products that do not obtain certification that the liquid was manufactured under the Utah Dept. of Health manufacturing guidelines which do not yet exist. The health department has no authority to inspect facilities outside their jurisdiction nor consumer electronics manufacturers nor is this currently done for any other consumable product. Product quality has nothing to do with usage by underage youth.
- Section 26-55-103 Considering that the FDA has been unable to adequately address industry, manufacturing and age regulations in the last 3 years despite tremendous research, investigation and expert testimony; how does the legislation expect the state health department to do the same in only a few short months?
- Section 76-10-105.1 Banning online sales will have serious consequences on both the businesses and the residents of Utah, especially those outside the Wasatch Front. Considering e-cigarettes are not currently an age restricted product on the federal level, we believe this would be a violation of the Interstate Commerce Act. To compromise, we presented the attached proposal to the committee which proposes the widely accepted use of common carrier age verification which requires the addressee to be both of the proper age and the person signing for the delivery. This was not accepted at the time of committee presentation however the bill sponsor did tell us he would not object if it were proposed during the floor discussion.
Many media comments have been made by some in the legislature that you do not wish to take these out of the hands of the adults; yet the legislation being proposed by banning online sales will do just that to thousands of adults throughout the great state of Utah and force them back to deadly tobacco. To date, all laws passed were done based on information from the Tobacco Control organizations that are not reviewing all available data on electronic cigarettes.
We respectfully request that the legislation study all aspects of the problem, all data and the population level impacts rather than weaving 6 or 8 pieces of legislation together under the guise of a "simple youth prevention bill". We therefore ask that an investigative committee be created that is charged with formally reviewing the full body of research and data before passing any further legislation that will have unintended impact on the adults of Utah. Let’s do this right rather than take a knee jerk reaction to legislation.
I welcome any follow up discussions at a time that is convenient for your busy schedules but urge you to consider the true agenda behind this legislation and what it will mean to 10’s of thousands of your registered voters.
PROPOSED AMENDMENTS TO HB112.pdf