BIL 102 Draft 02 2022-2024 - Laserfiche WebLink

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(3) Mislabel as nicotine -free, or sell or market for sale as nicotine -free, an e-liquid product that contains nicotine. (b) Presumption of flavor. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer: (1) Has made or makes a public statement or claim that the tobacco product is a flavored tobacco product; (2) Has used or uses text or images, or both, on the tobacco product's Labeling or packaging to explicitly or implicitly indicate that the tobacco product has a flavor other than tobacco, to make a public statement, or claim that the tobacco product is a flavored tobacco product; (3) Has taken or takes action directed at consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product; or (4) Has made or makes a public statement or claim that a product has a minty, numbing, or cooling effect, such as describing the product as "chill," "ice," "fresh," "arctic," or "frost". (c) Any flavored tobacco product found in a retailer's possession that violates this section may be considered contraband and subject to immediate destruction or disposal by the retailer in accordance with the Hawaii Administrative Rules, Chapter 11 -266. 1. The cost of proper disposal of electronic smoking devices and e-liquids as hazardous waste pursuant to the Hawaii Administrative Rules shall be borne by the retailer. Section 14- Penalty. Any retailer found to violate this article shall be subject to the following: (1) For the initial violation. (A) The retailer shall pay an administrative fine of $ 1,000; and (B) The retailer shall pay an administrative fine of $2,000 for each day in which the violation persists beyond the date of the initial violation.