2nd Sub.
H.B.
71
NICOTINE PRODUCT RESTRICTIONS
House Floor
Amendments
Amendment 2 February 5, 2010 9:50 AM
Representative Phil Riesen proposes the following amendments:
1. Page 11, Line 335 through Page 12, Line 344 :
335 76-10-3003. Provision of nicotine product prohibited.
336 (1) Except as provided in Subsection (2)
or (3)
, a person who provides a nicotine product to
337 another is guilty of a class C misdemeanor on the first offense and a class B misdemeanor on
338 each subsequent offense.
339 (2) Subsection (1) does not apply if the nicotine product is:
340 (a) (i) approved by the United States Food and Drug Administration for nicotine
341 replacement therapy or other medical purposes; and
342 (ii) provided for the purpose for which it is approved; or
343 (b) approved by the United States Food and Drug Administration for general consumer
344 use other than a use described in Subsection (2)(a)(i).
(3) (a) As used in this section, "electronic cigarette" means any device, other than a cigarette or cigar,
intended to deliver vapor containing nicotine into a person's respiratory system.
(b) A person is not guilty of an offense under this section if the nicotine product is produced to be, and intended to be, used only to produce vapor in an electronic cigarette.
Page 1 of 1
hb0071s02.hfa.02.wpd LRGC TomVaughn tomvaughn