Connecticut HB 5228: AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY SYSTEM AND VAPOR PRODUCT DEALERS.

Bill Text

LCO  
 
1 of 12 
  
General Assembly  
Substitute Bill No. 5228  
February Session, 2026 
 
 
 
 
 
AN ACT CONCERNING ELECTRONIC NICOTINE DELIVERY SYSTEM 
AND VAPOR PRODUCT DEALERS.  
Be  it  enacted  by  the  Senate  and  House  of Representatives  in  General 
Assembly convened: 
 
Section  1.  Section  21a-415 of  the  2026  supplement  to  the  general 1 
statutes  is  repealed  and  the  following  is substituted  in  lieu  thereof 2 
(Effective October 1, 2026): 3 
(a) As used in this chapter: 4 
(1) "Authorized owner" means the owner or authorized designee of a 5 
business  entity  that  is  applying  for  a  registration  or  is  registered  with 6 
the Department of Consumer Protection pursuant to this chapter; 7 
(2) "Business   entity"   means   any   corporation,   limited   liability 8 
company,  association,  partnership,  sole  proprietorship,  government, 9 
governmental subdivision or agency, business trust, estate, trust or any 10 
other legal entity; 11 
(3) "Cigarette" has the same meaning as provided in subsection (b) of 12 
section 12-285; 13 
(4) "Dealer registration" means an electronic nicotine delivery system 14 
certificate   of   dealer   registration   issued   by   the   Commissioner   of 15 
Consumer Protection pursuant to this section; 16 

Substitute Bill No. 5228 
 
 
LCO      2 of 12 
 
(5) "Deliver"   or   "delivering"   means   transferring,   or   offering   or 17 
attempting  to  transfer,  physical  possession  or  control  of  an  electronic 18 
nicotine delivery system or vapor product by any person, whether done 19 
as principal, proprietor, agent, servant or employee; 20 
(6) "Drug  paraphernalia"  has  the  same  meaning  as  provided  in 21 
section 21a-240; 22 
(7) "Electronic cigarette liquid" means a liquid that, when used in an 23 
electronic nicotine delivery system or vapor product, produces a vapor 24 
that may or may not include nicotine and is inhaled by the user of such 25 
electronic nicotine delivery system or vapor product; 26 
(8) "Electronic nicotine delivery system" means an electronic device 27 
used  in  the  delivery  of  nicotine  or  other  substances  to  an  individual 28 
inhaling  from  the  device,  and  includes,  but  is  not  limited  to,  an 29 
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe 30 
or electronic hookah and any related device and any cartridge or other 31 
component  of  such  device,  including,  but  not  limited  to,  electronic 32 
cigarette liquid; 33 
(9) "Manufacturer registration" means an electronic nicotine delivery 34 
system    certificate    of    manufacturer    registration    issued    by    the 35 
Commissioner of Consumer Protection pursuant to section 21a-415a to 36 
any person who mixes, compounds, repackages or resizes any nicotine-37 
containing electronic nicotine delivery system or vapor product; 38 
(10) "Sale"  or  "sell"  means  transferring,  or  offering  or  attempting  to 39 
transfer,   for   consideration,   including   bartering   or   exchanging,   or 40 
offering to barter or exchange by any person, whether done as principal, 41 
proprietor, agent, servant or employee; 42 
(11) "Tobacco products" has the same meaning as provided in section 43 
12-330a; and 44 
(12) "Vapor  product"  means  any  product  that  employs  a  heating 45 
element, power source, electronic circuit or other electronic, chemical or 46 

Substitute Bill No. 5228 
 
 
LCO      3 of 12 
 
mechanical means, regardless of shape or size, to produce a vapor that 47 
may include nicotine and is inhaled by the user of such product. "Vapor 48 
product" does not include a medicinal or therapeutic product that is (A) 49 
used by a licensed health care provider to treat a patient in a health care 50 
setting,  (B)  used  by  a  patient,  as  prescribed  or  directed  by  a  licensed 51 
health care provider in any setting, or (C) any drug or device, as defined 52 
in the federal Food, Drug and Cosmetic Act, 21 USC 321, as amended 53 
from time to time, any combination product, as described in said act, 21 54 
USC 353(g), as amended from time to time, or any biological product, as 55 
described  in  42  USC  262,  as  amended  from  time  to  time,  and  21  CFR 56 
600.3, as amended from time to time, authorized for sale by the United 57 
States Food and Drug Administration. 58 
(b) (1) No person in this state may sell or possess with intent to sell 59 
an  electronic  nicotine  delivery  system  or  a  vapor  product  unless  such 60 
person is employed by, an agent of or directly affiliated with a business 61 
entity that maintains a dealer registration issued by the Commissioner 62 
of  Consumer  Protection  pursuant  to  this  section.  A  separate  dealer 63 
registration  shall  be  required  for  each  place  of  business  where  such 64 
system or product is sold, offered for sale or possessed with the intent 65 
to  sell.  A  dealer  registration  shall  allow  the  sale  of  electro