(a)  No liquid, whether or not such liquid contains nicotine, that is intended for human consumption and used in an electronic nicotine-delivery system, as defined in § 11-9-13.4, shall be sold unless the liquid is contained in child-resistant packaging.

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Terms Used In Rhode Island General Laws 11-9-13.20

  • Electronic nicotine-delivery system: means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic little cigars, electronic pipe, or electronic hookah, "heat not burn products" e-liquids, e-liquid products, or any related device and any cartridge or other component of such device. See Rhode Island General Laws 11-9-13.4
  • License: is synonymous with the term "retail tobacco products dealer license" or "electronic nicotine-delivery system license" or any license issued under chapter 20 of Title 44 or chapter 1 of Title 23. See Rhode Island General Laws 11-9-13.4
  • Person: means any individual person, firm, fiduciary, partnership, trust, association, or corporation licensed as a retail dealer to sell tobacco products within the state. See Rhode Island General Laws 11-9-13.4

(b)  Any liquid nicotine container that is sold at retail in this state must satisfy the child-resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b), when tested in accordance with the method described in 16 C.F.R. § 1700.20. All licensees under § 23-1-56 shall ensure that any liquid sold by the licensee intended for human consumption and used in an electronic-nicotine delivery system, as defined in § 11-9-13.4, is sold in a liquid nicotine container that meets the requirements described and referenced in this subsection.

(c)  For the purposes of this section, “liquid nicotine container” means a bottle or other container of a liquid or other substance where the liquid or substance is sold, marketed, or intended for use in a vapor product. A “liquid nicotine container” does not include a liquid or other substance in a cartridge that is sold, marketed, or intended for use in a vapor product, provided that such cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

(d)  Any licensee or any person required to be licensed under § 23-1-56 who or that fails to comply with this section shall be subject to the penalties provided in § 11-9-13.13.

(e)  The licensee is responsible for all violations of this section that occur at the location for which the license is issued.

(f)  No licensee or person shall be found in violation of this section if the licensee or person relied in good faith on documentation provided by or attributed to the manufacturer of the packaging of the aforementioned liquid that such packaging meets the requirements of this section.

History of Section.
P.L. 2017, ch. 409, § 1; P.L. 2017, ch. 426, § 1.