E-Cigarette Control and Regulation Bill.

A Bill to:

Limit the use and regulate the sales of E-Cigarette and other vapourized nicotine products

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 - E-Cigarette Regulation

Section 1: Definitions

For the purposes of this act, the following terms have the corresponding meanings unless context requires it to be read otherwise-

“Addictiveness” the chemical proclivity of a substance to have an “addictive effect”; being giving relief from withdrawal symptoms when taken.

“Additive” means a substance other than tobacco that has been added to an e-cigarette or refill container.

“Advertisement” means direct or indirect who's purpose or effect is the promotion of a product.

“E-Cigarette” means a non combustible tobacco product which delivers nicotine in a vapour and is not a registered medical product or device.

“E-Cigarette refill container” means a nicotine solution which is designed to be vaporized in a e-cigarette.”

“Emissions” means the vapours produced by the atomisation of a nicotine solution by an E-Cigarette.

“Flavoured e-cigarette” means one which by use of an additive has a smell or taste distinct from tobacco.

“Independent laboratories” means a laboratory not owned by the tobacco industry.

“Police constable” means—

• (a) a member of a police force maintained under section 2 of the Police Act 1996,

• (b) a member of the metropolitan police force,

• (c) a member of the City of London police force or

• (d) a special constable appointed under section 27 of the Police Act 1996.

“Toxicological data” means the data required under schedule 1.

“Medical device” has the meaning given in the Medical Devices Regulations 2002.

“Medical product” has the meaning given in the Human Medicines Regulations 2012.

Section 2: Prohibitions and offences in relation to E-Cigarettes

(1) No individual under 16 years of age may possess E-Cigarettes and E-Cigarette refill containers.

(2) A person commits an offence if the person supplies E-Cigarettes and E-Cigarette refill containers to a member of the general public without first verifying if the member of the general public is over 18 years of age.

(3) To verify the age of a member of the general public, a person must if the member of the public to a reasonable person would appear to be aged below 25, ask the person to provide photo id, that contains a date of birth, and inspect the id to confirm that it belongs to the member of the public and that they are over 18.

(4) It is an offence to sell E-Cigarettes and E-Cigarette refill containers that do not meet the packaging requirements set out in section 3.

(5) It is an offence to sell E-Cigarettes and E-Cigarette refill containers for which duties to report as set out in section 4 have not been met.

(6) It is an offence to advertise E-Cigarettes and E-Cigarette refill containers in a way that is not compliant with advertising requirements set out in section 5.

Section 3: E-Cigarette packaging requirements

(1) E-Cigarettes and E-Cigarette refill containers must include a health warning that states the product contains nicotine and that nicotine is addictive—

• (a) Packing must include the amount of nicotine (in mg or percent) per 100 ml;

• (b) Clear health warnings must be visible on online shopping platforms that offer E-Cigarette products;

• (c) A full ingredients list;

• (d) On a physical item the health warning must—

• (i) on the right hand side of the packaging;

• (ii) be in Helvetica font;

• (iii) be coloured black on a white background with a black border; and

• (iv) generally be clearly legible.

(2) The sale of E-Cigarettes or E-Cigarette refill containers must be accompanied by boxes, instructions and health warnings.

Section 4: E-Cigarette reporting requirements

(1) Manufacturers and importers have a duty to disclose to the secretary of state all requisite information when bringing a product to market initially and after that annually on the 1st of January each year:

(2) In this section requisite information before brining a product to market includes (as far as is relevant with respect to specific product):

• (a) A declaration that the manufacturer accepts full for the quality and safety of the product when used under reasonably foreseeable conditions;

• (b) the contact details of the manufacturer;

• (c) toxicological data, both for solvent and vapour phases of the product and the products emissions;

• (d) a full ingredients list, including quantities.

This information must be disclosed at least one month before the first sale of the product.

(3) In this section requisite information within the annual disclosure includes:

• (a) sales volumes for the product;

• (b) sales volume broken down by mode of sale (internet, mail order, over the counter); and

• (c) any information held by the producer on the demographics and preferences of its customer base, whether public or not public.

(4) The secretary of state may amend this section by statutory instrument subject to the approval of the House of Commons and The House of Lords to remove information from a requirement to disclose.

(5) The secretary of state may amend this section by regulations to expand information that there is a requirement to disclose.

(6) The secretary of state has a duty to publish data collected from the totality of disclosures as soon as is practicable.

(7) Where the toxicological data gives rise to health dangers for its uses, the secretary of state must order that a product is not to go to market, and must write to the

(8) Manufacturers must continually exercise due diligence over their products for any unanticipated health effects.

Section 5: Advertising of E-cigarettes

(1) The advertisement of E-Cigarettes or E-Cigarette refill containers targeted towards people aged under 18 years of age is prohibited.

(2) The advertisement of any E-Cigarettes or E-Cigarette refill containers with a health supplement as an additive is prohibited from making any claim or suggestion, that its use will boost health and well being or that its use is any worse is prohibited.

Part 2 - E-Cigarette Control

Section 6: Police powers in relation to possession of E-Cigarettes by under 16s

(1) If they have a reasonable suspicion that a person who appears to be under 18 has is in possession, then a police constable may stop them, ask them;

• (a) their date of birth;

• (b) for an form of photo ID with a date of birth; and

• (c) if they have E-Cigarettes or E-Cigarette refill containers on their person.

(2) If as a result of the answers given, or lack of answers the constable retains a reasonable belief that the person:

• (a) is under 16 years of age; and

• (b) has E-Cigarettes or E-Cigarette refill containers on their person.

Then the constable may if the person appears to be a child

• (a) under 16 years of age and 12 years of age or over, search them and if the constable finds any E-Cigarettes or E-Cigarette refill containers on their person confiscate them and notify their parents/guardians of the child and also child protective services, or

• (b) under 12 years of age take them into their care.

(3) Where the constable has taken a child into their care under subsection (2) they may apply to a court for an order under section 8.

(4) Where a constable has confiscated items from a person who later presents evidence that they were 16 years of age or older at the time of the confiscation, then the items are to be returned.

Section 7: Orders authorising a search in relation to child under 12

(1) A constable may apply to a judge for an order authorising a search in relation to a child under 12 years and confiscation of E-Cigarettes and E-Cigarette refill containers.

(2) The judge may determine the application after such inquiry or hearing as the judge considers appropriate.

(3) Before determining the application, the judge must consider whether any of the following persons should have an opportunity to make a representation.

• (a) the applicant,

• (b) the child in respect of whom the application was made,

• (c) a parent of the child,

• (d) any other person the judge considers to have an interest in the application.

(4) The judge may determine to grant—

• (a) an order authorising the search of the child;

• (b) an order authorising the entry to and search of any premises;

• (c) an order authorising the entry to and search of any vehicles;

• (d) the search of anything the constable may find in the course of (a) to (c)

To occur in a period of seven days beginning on the day the order is made;

• (e) a Child Protection Order or a conditional Child Protection Order based upon what is found or observed in the course of the searches (a) to (d); or

• (f) an order requiring the child to undertake medical intervention for addiction or education about smoking.

(5) Once an order has been made—

• (a) as soon as is practicable the parents of the child must be contacted informing them of the order.

• (b) the child must be informed in language appropriate for them, of the order and it’s meaning.

Section 8: Sentencing

(1) A person guilty of an offence under section 2(2) is liable on conviction to a fine not exceeding level 1 on the standard scale.

(2) It is a defence for a person charged with an offence under section 2(2) to show that—

• (a) their employer failed to train them appropriately; or

• (b) they had reasonable cause to fear for their job if they carried out the verification requirement.

(3) A body corporate guilty of an offence under section 2(2) is liable on conviction to a fine, proportional to their failure to observe the duty and the potential for harm the failure has caused.

(4) A body corporate guilty of an offence under section 2(5) for reason of submitting a late disclosure, is liable to a on the stop fine from the secretary of state, (which they may contest in court) for £500 per day that it is late.

(5) A body corporate guilty of an offence under section 2(5) for reason of submitting a late disclosure, is liable to a on the stop fine from the secretary of state, (which they may contest in court) for £500 per day that it is late.

(6) A body corporate guilty of an offence under 2(5) for reason of submitting a fraudulent disclosure on conviction to a fine, not exceeding twice the turnover of any sales or estimated sales they made or intended to make on account of the fraud, and or an order preventing them from trading in E-Cigarettes and E-Cigarette refill containers for a specified period.

(7) A body corporate guilty of an offence under 2(5) for reason of failing to meet their due diligence requirement is liable on conviction to a fine proportional to the harm caused.

(8) A body corporate guilty of an offence under 2(7) without aggravating circumstances is liable to a fine a maximum amount of one quarter of the advertised product or brands annual revenue, or £50,000 whichever is greater.

(9) A body corporate guilty of an offence under 2(6) with aggravating circumstances is liable to a fine for a maximum amount equal to annual revenue of the advertised product or brand, or £200,000 whichever is greater, and a compulsory order preventing them from trading in E-Cigarettes and E-Cigarette refill containers for a period of no less than 1 year.

(10) In subsection (9) an aggravating circumstance is where the product is flavoured with the intent to be appealing to under 18s to consume or purchase and was aggressively targeted at them.

Section 9: Extent, commencement, and short title

(1) This Act shall extend to England and Wales;

(i) The effect of the act is disapplied in Wales.

(2) This Act comes to force 2 weeks after receiving Royal Assent barring, section 5 which comes into force on December 31st 2021.

(3) This Act may be cited as E-Cigarette Control and Regulation Act.

Schedule

Toxicological data

1. Toxicological data is data about the degree to which chemicals may cause harm to or addition in humans.

2. Toxicological data should be presented as concentrations.

3. Toxicological data must be compiled by independent laboratories.

4. The Secretary of State May by regulations make provisions about toxicological data.

5. The secretary of state is to occasionally verify the results of a laboratory with another to ensure replicability within the margin of error.

This Motion was submitted by The Rt.Hon Markthemonkey888 MBE MP, with thanks to The Rt.Hon LeChevalierMal-Fait for help with technical aspects on behalf of the LPUK. This reading will end on the 4th.

Opening speech

Mr. Speaker,

I rise in this honourable house today, to present a piece of legislation that is long overdue, and is key in the health and well beings of the general public.

Ever since its invention and popularization, E-cigarettes have been a great alternative to smoking itself, and are often used by those who wish to quit smoking entirely. I, Mr Speaker, am one such person, and I will not lie that the existence of E-cigarettes allowed me to put down an addiction that has plagued me since my teens.

However, there is a severe lack of regulations and control on E-cigarettes in this country, and many youths are taking advantage of this situation, and getting addicted to nicotine via E-Cigarettes. Since the production, import, advertisement and sales of E-Cigarette is not limited or regulated under the Tobacco Advertising and Promotion Act of 2002, any company can just walk in, and exploit the novelty and addictiveness of nicotine and mass market e-cigarettes to kids and the general public.

It is about time we stop this, and set up laws around which we can ensure those who are quitting smoking have access and help to E-cigarettes, while it remains out of the hands of our youth. I can say first hand Mr.Speaker, that getting addicted to nicotine as a teen, was one of the worst decisions of my life, and I wish no teens today will go down the path I went down. I believe this legislation will help control the production and sales of E-Cigarettes, and make sure that it serves its original purpose: helping smokers quit.

I would like to thank my Right Honourable friend LeChevalierMal-Fait for his help on this legislation, and I hope this bill provens to be common sense to my colleagues on both sides of the aisle.

I hope you will all join me in the fight for helping to control nicotine addictions in this country.

I commend this legislation and statement to the house.