HB958: HB958 Revenue and taxation; require vapor product manufacturers to disclose ingredients in consumable vapor products distributed, sold, or offered for sale

26 LC 52 0870 House Bill 958 By: Representatives Au of the 50th, Stephens of the 164th, Greene of the 154th, Hawkins of the 27th, and Buckner of the 137th A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes1 on tobacco and vaping products, so as to require vapor product manufacturers to disclose2 ingredients in consumable vapor products distributed, sold, or offered for sale in this state;3 to provide definitions; to provide for publication; to provide for exemptions; to provide for4 penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 11 of Title 48 of the Official Code of Georgia Annotate d, relating to taxes on8 tobacco and vaping products, is amended by adding a new Code section to read as follows:9 "48-11-4.3.10 (a) As used in this Code section, the term:11 (1) 'Chemical of concern' means a chemical or class of chemica ls that, alone or in12 combination with other ingredients, is harmful to human health or the environment13 because of hazardous properties or risks from potential exposure, as identified by rule or14 regulation of the commissioner. Such term shall include any al lergen, asthmagen,15 H. B. 958 - 1 - 26 LC 52 0870 carcinogen, mutagen, endocrine disruptor, reproductive or devel opmental toxicant,16 persistent bioaccumulative toxicant, or neurotoxicant.17 (2) 'Ingredient' means:18 (A) Any constituent of a consumable vapor product;19 (B) Any intentional additive present in any quantity in a consumable vapor product;20 (C) Any chemical of concern, by-product, or contaminant presen t in a consumable21 vapor product in any quantity equal to or greater than one-half of 1 percent of the22 content of such product by weight; and23 (D) Any chemical of concern or contaminant present in a consumable vapor product24 in a quantity less than one-half of 1 percent of the content of such product by weight25 as determined by the commissioner by rule or regulation.26 (b) No later than January 1, 2027, and annually thereafter, vapor product manufacturers27 of consumable vapor products distributed, sold, or offered for sale in this state shall furnish28 to the commissioner for each vapor product:29 (1) A list naming each ingredient of such vapor product in des cending order of30 predominance by weight in such product;31 (2) A statement regarding the nature and extent of investigations and research performed32 by or for the manufacturer concerning the effects on human health of such product or its33 ingredients;34 (3) A list of each ingredient of such product that is a chemical of concern; and35 (4) For each ingredient identified as a chemical of concern, a statement regarding any36 evaluation of the availability of potential alternatives and potential hazards posed by such37 alternatives.38 (c) No later than January 1, 2027, and annually thereafter, ea ch vapor product39 manufacturer of consumable vapor products distributed, sold, or offered for sale in this40 state shall post on such manufacturer's website the list of ingredients for each consumable41 vapor product as provided in subsection (b) of this Code section in a manner prescribed by42 H. B. 958 - 2 - 26 LC 52 0870 the commissioner that is readily accessible to the public and machine readable. Such list43 shall be updated when the ingredients in such product change, t he predominance of the44 ingredients in such product changes, or as required by the commissioner.45 (d) Proprietary processes or ingredients shall be exempt from disclosure and publication46 requirements in this Code section as determined by the commissioner by rule or regulation.47 (e) A violation of any provision of this Code section shall be punished as for a48 misdemeanor as provided in Code Section 16-1-10 and shall resul t in the probation,49 suspension, or revocation by the commissioner of all licenses issued to the manufacturer50 pursuant to Code Section 48-11-4."51 SECTION 2.52 All laws and parts of laws in conflict with this Act are repealed.53 H. B. 958 - 3 -