Conn. Gen. Stat. § 21a-418a: Sale, delivery, shipment or transportation of electronic nicotine delivery system or vapor product. Requirements and restrictions. Enforcement and civil penalty. Unfair or deceptive trade practice.
Where this section sits in the code
- TITLE 21a. CONSUMER PROTECTION
- CHAPTER 420g. ELECTRONIC NICOTINE DELIVERY SYSTEMS AND VAPOR PRODUCTS
(a) No person engaged in the business of shipping or transporting electronic nicotine delivery systems or vapor products shall ship or transport, or cause to be shipped or transported, any electronic nicotine delivery system or vapor product to any person in this state except to (1) a person who holds a dealer registration or a manufacturer registration, or (2) a person who is an officer, employee or agent of the United States government, this state or a department, agency, instrumentality or political subdivision of the United States or of this state, when such person is acting in accordance with such person's official duties. The Commissioner of Consumer Protection shall publish, on the Department of Consumer Protection's Internet web site, a list of each person who holds a dealer registration or a manufacturer registration.
(b) No common or contract carrier shall knowingly transport any electronic nicotine delivery system or vapor product to a residential dwelling or to any person in this state who the common or contract carrier reasonably believes is not a person described in subdivision (1) or (2) of subsection (a) of this section. No person other than a common or contract carrier shall knowingly transport any electronic nicotine delivery system or vapor product to any person in this state who is not a person described in subdivision (1) or (2) of subsection (a) of this section.
(c) When a person engaged in the business of selling or delivering electronic nicotine delivery systems or vapor products ships or transports, or causes to be shipped or transported, any electronic nicotine delivery system or vapor product to any person described in subdivision (1) or (2) of subsection (a) of this section, other than in the electronic nicotine delivery system or vapor product manufacturer's original container or wrapping, the container or wrapping shall be plainly and visibly marked with the words “electronic nicotine delivery system” or “vapor product”, as applicable. Any person engaged in the business of selling or delivering electronic nicotine delivery systems or vapor products who ships, or causes to be shipped, any electronic nicotine delivery system or vapor product to any person described in subdivision (1) or (2) of subsection (a) of this section (1) shall require, as a condition of such sale or delivery, such person to sign an acknowledgment of receipt and provide proper proof of age, and (2) may not sell or deliver such electronic nicotine delivery system or vapor product to such person unless such person provides proper proof of age.
(d) Any electronic nicotine delivery system or vapor product shipped or transported in violation of this section is a common nuisance and is subject to immediate seizure by the state or local police. The authorized officer shall hold such electronic nicotine delivery system or vapor product subject to confiscation and destruction by order of a court of competent jurisdiction. All costs of such seizure, confiscation and destruction shall be borne by the shipper or transporter.
(e) The Commissioner of Consumer Protection may impose a civil penalty of not more than ten thousand dollars for each violation of subsections (a) to (d), inclusive, of this section. For purposes of this subsection, each shipment or transport of electronic nicotine delivery systems or vapor products shall constitute a separate violation. The Attorney General, upon request of the commissioner, may bring an action in the superior court for the judicial district of Hartford to collect such civil penalty and for any injunctive or equitable relief. In any action brought by the Attorney General to enforce the provisions of this section, the state shall be entitled to recover, when the state is the prevailing party, the costs of investigation, expert witness fees, costs of the action and reasonable attorneys' fees.
(f) A violation of subsections (a) to (d), inclusive, of this section shall be an unfair or deceptive act or practice pursuant to subsection (a) of section 42-110b.
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