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E-Cigarettes Would Be Regulated as Tobacco Products Under Kentucky Bill

Electronic cigarettes would be regulated as tobacco products in Kentucky under legislation that passed the House Licensing and Occupations Committee today.

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 says, 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.

From the Legislative Research Commission

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