Bill No.
56-14
Concerning: Health and Sanitation -
Smoking - Electronic Cigarettes
Revised: 1/29/2015
Draft No._5_
Introduced:
November 25. 2014
Enacted:
March
3
2015
Executive:_ _ _ _ _ _ _ __
Effective: - - - - - - - - -
Sunset Date:
Ch.~
~N~o=n~e
_ _ _ _ __
Laws
of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Floreen, Council Vice President Leventhal, and
Councilmembers Branson, Navarro, Rice, Eirich, Riemer, Katz, Rucker and Berliner
ANACTto:
(I)
(2)
(3)
(4)
(5)
prohibit the use of electronic cigarettes in certain public places;
restrict the sale of certain liquid nicotine or liquid nicotine containers in retail
outlets unless the nicotine is in
a
container considered child resistant packaging;
restrict the accessibility of
certain
tobacco products in retail settings, and require
retail
sellers of those products
to
take certain actions;
prohibit the
use
of electronic cigarettes by minors; and
generally amend County law regarding smoking, electronic cigarettes, and health
and sanitation.
By amending
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-9
By
adding
Chapter 24, Health and Sanitation
Sections 24-13 and 24-14
By
renumbering
Chapter 24, Health and Sanitation
Sections 24-2, 24-3, 24-4, 24-5, 24-6, 24-7, 24-8, 24-98, 24-9C, 24-9D, 24-10, 24-11,
24-llA
By
repealing
Chapter 24, Health and Sanitation
Section 24-9A
By renaming
Chapter 24, Health and Sanitation
Article
II
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BILL NO. 56-14
Boldface
•••
Underlining
[Single boldface brackets)
Double undertinina
[[Double boldface brackets])
Heading or
defined
term.
Added to existing law by original bill.
Deletedfrom existing
law
by
original bill
Added by amendment
Deletedfrom existing law or the bill by amendment
Existing law unqffected
by
bill
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 56-14
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Sec. 1. Sections 24-2, 24-3, 24-4, 24-5, 24-6, 24-7, 24-8, 24-10, 24-11, and
24-llA are renumbered as follows:
24-2, 24-3. [Reserved.]
24-[4]~.
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3
4
5
Communicable diseases generally-Warning signs.
*
24-[5]J. [Same]
warning signs.
*
*
Unauthorized removal of
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Communicable diseases
*
24-[6]~.
*
*
*
*
*
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10
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12
[Same) Communicable diseases - Control in food establishments.
24-[7]~.
Use of certain shoe-fitting devices or machines prohibited.
*
*
*
24-[ll]_!!. Massage.
*
*
*
*
*
13
14
24-[S]f!. Commitment of chronic alcoholics.
*
*
*
*
15
16
24-[10]1· Catastrophic health insurance plan.
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18
*
24-[llA]SA. Fitness centers -
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defibrillators.
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Sec. 2. Article II is renamed; Section 24-9 is amended; Section 24-9A is
repealed; Sections 24-9B, 24-9C, and 24-9D are renumbered; and Section
24-13 is added as follows:
Article II. [Reserved] Smoking, Tobacco, and Nicotine.
24-9. Smoking and using electronic cigarettes in public places.
(a)
Definitions.
In
this [Section] Article, the following words and phrases
have the meanings indicated:
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BILL No. 56-14
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Electronic cigarette
means [[an electronic device that delivers vapor
for inhalation, including any refill, cartridge, or any other component
of an electronic cigarette.
Electronic cigarette
does not include any
product approved
ID:
the Food and Drug Administration for sale as!!
drug or medical device.J] any product containing or delivering
nicotine or any other substance intended for human consumption that
can be used by a person to simulate smoking through inhalation of
vapor or aerosol from the product. The tenn includes any such device.
whether manufactured. distributed. marketed. or sold as
an
e-cigarette.
e-cigar. e-pipe. e-hookah. or vape pen. or under anv other product
name or descriptor.
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*
*
*
Smoking
or
smoke
means the act of lighting, smoking, or carrying a
lighted or smoldering cigar, cigarette, or pipe, of any kind.
*
*
*
Vape shop
means any store that primarily sells electronic cigarettes.
Vape shop
does not. include an area of
.!!
larger store in which
electronic cigarettes are sold.
Vaping
or
vave
means the act of using an electronic cigarette.
(b)
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Smoking and [[using an electronic cigarette]] vaping are prohibited in
certain public places.
A person must not smoke or use any electronic
cigarette in or on any:
*
(c)
prohibited by this Section:
(1)
*
*
Exceptions.
Smoking or [(using an electronic cigarette]] vaping is not
In
a tobacco shop or!! vape shop;
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*
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*
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BILL
No.
56-14
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(3)
When smoking or [[using an electronic cigarette]] yaping is
necessary to the conduct of scientific research into the health
effects of tobacco smoke and is conducted at an analytical or
educational laboratory;
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*
(d)
*
*
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Notwithstanding paragraph (b
)(11 ),
the Director of the Department of
Health and Human Services may designate an outside area on
property that is owned or leased by the County where smoking or
[[using an electronic cigarette]] vaping is allowed ifthe Director finds
that a complete prohibition on that property would impede a
program's mission or effective delivery of services.
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(
e)
Posting signs.
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(1)
Except as provided in paragraph (e)(4), signs prohibiting or
permitting smoking or [[using an electronic cigarette]] vaping,
as the case may be, must be posted conspicuously at each
entrance to a public place covered by this Section.
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(2)
Where smoking or [[using an electronic cigarette]] vaping is
prohibited by this Section, the sign either must read ''No
smoking or [[using an electronic cigarette]] vaping by order of
Montgomery County Code § 24-9. Enforced by (department
designated by the County Executive)" or be a performance-
oriented sign such as ''No Smoking or [[Using an Electronic
Cigarette)] Vaping" or "This is a Smoke Free Establishment"
The international no-smoking symbol may replace the words
"No smoking."
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*
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BILL No. 56-14
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(t)
Duty to prevent smoking in certain areas.
The owner or person in
control of a building or area covered by this Section must refuse to
serve or seat any person who smokes or vapes where smoking or
[[using an electronic cigarette]] vaping is prohibited, and must ask the
person to leave the building or area if the person continues to smoke
or vane after proper warning.
84.
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*
(k)
Enforcement and penalties.
*
*
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(1)
(2)
Any violation of this [Section] Article is a class C civil
violation. Each day a violation exists is a separate offense.
The County Attorney or any affected party may file an action in
a court with jurisdiction to enjoin repeated violations of the
Section.
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(3)
The County Executive must designate
Qy
Executive order one
or more County departments or agencies to enforce this Article.
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ill
The Director of the Department of Health and Human Services
may suspend a license issued under Chapter 15 for up to 3 days
if the Director
finds,
under the procedures of Section 15-16,
that the operator of an eating and drinking establishment
has
knowingly and repeatedly violated any provision of this
Section.
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[24-9A. Reserved.]
24-[9B]10.
Availability of tobacco products to minors.
*
*
*
*
*
*
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107
24-[9C]ll.
Distribution of tobacco products to minors.
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BILL No. 56-14
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24-[9D]12. Tobacco and electronic cigarette [Products - Placement] products
=placement.
(a)
Placement.
A retail seller of any tobacco or electronic cigarette
product must not display or store the product in any place that is
accessible to buyers of the product without the intervention of the
seller or an employee of the seller.
(b)
Definitions. Tobacco product
means any substance containing
tobacco, including cigarette, cigars, smoking tobacco, snuff, or
smokeless tobacco.
(
c)
Applicability.
This Section does not apply to:
(1)
the sale of any tobacco or electronic ·cigarette product from a
vending machine that complies with all requirements of state
law; and
(2)
any store where only or primarily tobacco or electronic
cigarette products are sold.
[(d)
Enforcement.
The County Executive must designate by Executive
order one or more County departments or agencies to enforce this
Section.]
[24-12....:. 24-21. Reserved.]
24-13. Use of electronic cigarettes
fil!:
minors prohibited.
A person under 18 years old must not use an electronic cigarette.
24-14. Child Resistant Packaging of Liquid Nicotine Container Required.
@}
Definitions.
In
this Section, the following words have the meanings
indicated:
Child resistant packaging
means packaging that is:
ill
designed or constructed to be significantly difficult for children
under
2.
years of age to open or obtain
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~
toxic or harmful
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BILL No. 56-14
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amount of the substance contained therein
within
.!!
reasonable
time: [[and]]
ill
ill
not difficult for normal
adults
to
use properly; and
tested in accordance with the method described in Code of
Federal Regulations. Title 16. Section 1700.20.
March 3. 2015.
as
in effect on
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Child resistant packaging
does not mean packaging which all such
children cannot open or obtain
.!!
toxic or harmful amount
within
.!!
reasonable time.
Liquid nicotine container
means
l!
container that is used to hold liquid
containing nicotine in any concentration.
(!ll
Child resistant packaging required.
A retail seller of any liquid
nicotine or liquid nicotine container must not sell. resell. distribute,
dispense, or give away:
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ill
ill
(£}
any liquid or gel substance containing nicotine unless the
substance is in child resistant packaging; or
any nicotine liquid container unless the container constitutes
child resistant packaging.
Exceptions.
This Section does not apply to
.!!
liquid nicotine container
that is sold. marketed, or intended for use in an electronic cigarette if
the container is prefilled and sealed
intended to be opened
ID:
the consumer.
ID'.
the manufacturer and not
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24-15
=
24-21. Reserved.
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BILL No. 56-14
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Approved:
~l~
George Leventhal, President, County Council
Approved:
'3
/c
/w
1
s-
Date
Date
Isiah
Leggett, County Executive
This
is
a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-9-