Flavor BAN!

(CNN, October 9, 2019): “‘We Vape, We Vote’: How vaping crackdowns are politicizing vapers

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(CNBC, October 9, 2019):
The acting head of the Food and Drug Administration inspected two international mail centers this week to examine U.S. efforts to seize foreign shipments … federal authorities combat two public health crises: one from vaping and the other due to opioids. … [FDA chief Ned] Sharpless said in a statement Tuesday, “Many of these parcels lack any package labeling, contain products labeled as dietary supplements with hidden drug ingredients, or contain drug products or medical devices that are unapproved or counterfeit.” … Sharpless also said FDA authorities are working with the U.S. Customs and Border Protection to identify potentially illicit vaping products.

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Yeah the bans in 2009 were spectacular too…

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Washington State Board of Health Announcement (October 9, 2019):

Board Votes to Adopt Emergency Rule That Will Ban Flavored Vaping Products

Board members voted today to adopt the emergency rule to impose a ban the sale of flavored vaping products, including flavored THC vapor products, in Washington. So, what’s next? Staff will file a CR-103E to create chapter 246-080 WAC. The rule will become effective immediately upon filing with the code reviser’s office, which we anticipate will happen tomorrow, 10/10. The rule is effective for 120 days. The length of the emergency rule leads up to the legislative session, allowing state legislators to take up the issue in in 2020. Tobacco and Vaping to 21 laws do not go into effect until January. A flavor ban is a prudent preventative step to help reduce youth access and use of vapor products during this outbreak.

Source: https://sboh.wa.gov/

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Updated Draft Rule Language:

Characterizing flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco or marijuana or a taste or aroma derived from compounds or derivatives such as terpenes or terpenoids derived directly and solely from marijuana, as defined in RCW 69.50.101(y), or hemp plants that have been grown and tested as required by state law, imparted by a vapor product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A vapor product does not have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. It is the presence of a distinguishable taste or aroma, or both, that constitutes a characterizing flavor.

Flavored vapor product” means any vapor product that imparts a characterizing flavor.

Vapor product” means any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance including any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine or a marijuana product in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device including, but not limited to, marijuana-infused extracts or marijuana concentrates for inhalation.

Sell” means to transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any person. It includes a person engaged in the business of selling vapor products giving or offering vapor products free of charge.

WAC 246-80-020 Prohibition.
No person … may sell, offer for sale, or possess with the intent to sell or offer for sale flavored vapor products or any product that he or she knows or reasonably should know will be used with or in a vapor product to create a flavored vapor product. The foregoing prohibition applies to the sale, offer for sale, or possession with intent to sell or offer for sale flavored vapor products at any location or by any means in this state …

Source - Washington State Board of Health, Oct 9, 2019 Meeting Materials: https://sboh.wa.gov/OurMeetings/MeetingInformation/2019/October9SeaTac

:exploding_head: :exploding_head: :exploding_head: :exploding_head: :exploding_head: :exploding_head:

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Great im going to prison. Lol stupid fucks…I know inslee is running for Prez… I also know he wont be nominated. I wonder if he ciuld run for governor again ??? If so I’ll do everything I can to make sure his campaign loses ( stalking ) is an option as well lol …

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Note that “selling” rather humorously includes “a person engaged in the business of selling vapor products giving or offering vapor products free of charge”. Gifting is made equal to selling. “Can’t even give it away !”

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All I can say it its all methd up!

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on a side note… vapor products… at least they did not say components.

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I think “any product” means component, but I may be wrong. Often am. :sweat_smile:

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I agree. “… Used with or in …”, does seem to be intended to be construed as also including “components”.

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i think we need a translator here… :flushed:

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The language used in the draft (to be made final tomorrow on Oct 10, 2019) rule is consistent with existing:

(19) “Vapor product” means any noncombustible product that may contain nicotine and that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from a solution or other substance.

(a) “Vapor product” includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

Source: RCW 70.345.010 (Definitions)

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Washington State Government “guidance information” relating to current vaping statutes/rules:
https://lcb.wa.gov/vape/vapor-products-law

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Vagueness is a common legal defense which basically means if you have enough money and time to endure the police state while it destroys your life, you might prevail. Should “know or reasonably be expected to know” is a MFer.

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I would say that the language in question, while intended to have a broad scope, is not particularly “vague”.

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I guess save the whales is out… save vaping is in… :slight_smile:

this gives me heart burn.

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House of representatives national legislation attempt to limit nicotine levels in to 20% has commenced. There is no apparent verbiage referring to nicotine base sales (in excess of 20%), but anyone can see that writing is on the wall: https://www.govtrack.us/congress/bills/116/hr4624/text?fbclid=IwAR1O8DVMnImjoSP8NJIt_uyeznLHj4Tmk6OG0ZjVJr1shRwVDCyvqgvzFzs

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Is that strawberry I smell? Up against the wall and assume the position.

Gives me more than heartburn. I had a friend say to me the other day that not that he ever would, but he understands how people flip out and do crazy things. Cuz this shit is crazy.

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Oops - perhaps that language is already included i.e.: To amend the Federal Food, Drug, and Cosmetic Act to establish a tobacco product standard prohibiting any e-liquid with a concentration of nicotine higher than 20 milligrams per milliliter, and for other purposes.

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so if this legislation passes and is extrapolated to nicotine base - 20mg/ml would be the highest concentration allowed to be sold?

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E-liquid - The term e-liquid means any liquid intended for use with an electronic nicotine delivery system.

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