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Pennsylvania moves to regulate vape products

Pennsylvania may soon establish a statewide directory of permissible tobacco vape products so state prosecutors can crack down on the sale of illicit products.

The state Senate on Tuesday approved legislation to set up a program for vape product manufacturers to get their products approved for sale in the state and directing the Attorney General to crack down on illicit vape products.

The move comes amid increased scrutiny over the sale of vape products and their health impacts on young people.

An analysis by the online vape retailer Huff and Puffers released last summer found that Pennsylvania has 13.7 vape shops for every 100,000 people, meaning only eight other states have a greater density of vape shops.

House Bill 1425, approved in the Senate by a 42-4 vote, would create a directory of authorized vape products, mirroring the type of directory used to regulate the sale of cigarettes.

“What was once a niche alternative to traditional smoking has become a multibillion-dollar industry. Unfortunately, one that in many cases operates with little accountability and limited oversight,” the bill’s prime sponsor Rep. Jeanne McNeill, D-Lehigh, said ahead of the House vote on the bill in June. “Unregulated or counterfeit products are far too easy to find, especially for our young people, and they pose serious risks to health and safety. This legislation addresses this problem with a common-sense solution.”

McNeill added that the legislation ensures that those who are following the law aren’t getting undercut by those selling illicit products.

“The directory created by this legislation would solve this by allowing the enforcement of penalties to retailers and wholesalers who sell unlisted nicotine products,” she said in a statement.

Under the legislation, vape manufacturers would have 60 days to provide the attorney general with documentation that their products have been approved by the federal government.

The manufacturers would also be required to make an initial payment of $2,000 for each brand family of electronic cigarettes, plus an additional $200 for each brand style sold. In subsequent years, the cost would be $1,000 per brand family and $100 per style.

The attorney general must post a directory listing all legal vape products. After that directory is released, any vape products not on it would be illegal, though state investigators would not begin seizing contraband vape products until 120 days after the directory of legal vape products is released.

Those caught selling illegal vapes would face a civil penalty of $500 for each contraband product.

The Senate made changes to the legislation so HB 1425 now returns to the House for a concurrence vote. The House is in session next week.

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