H 8254

2026 -- H 8254
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 LC005806
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  STATE  OF        RHODE  ISLAND
  IN GENERAL ASSEMBLY
  JANUARY SESSION, A.D. 2026
  ____________
  AN ACT
  RELATING TO TAXATION -- CIGARETTE, OTHER TOBACCO PRODUCTS, AND
  ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS
  Introduced By: Representatives Messier, Alzate, Baginski, and Tanzi
  Date Introduced: March 06, 2026
  Referred To: House Finance
 It is enacted by the General Assembly as follows:
1SECTION 1. Section 44-20-61 of the General Laws in Chapter 44-20 entitled "Cigarette,
2 Other Tobacco Products, and Electronic Nicotine-Delivery System Products" is hereby amended
3 to read as follows:
444-20-61. Product restrictions on electronic nicotine-delivery system products.
5(a) For purposes of this section, the following terms shall have the following meanings:
6(1) “Characterizing flavor” means a distinguishable taste or aroma, other than the taste or
7 aroma of tobacco or menthol, distinguishable by an ordinary consumer, imparted either prior to, or
8 during, consumption of an electronic nicotine-delivery system product or component part thereof,
9 including, but not limited to, tastes or aromas relating to any fruit, mint, menthol, wintergreen,
10 chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice or which impart
11 a cooling or numbing sensation. The determination of whether an electronic nicotine-delivery
12 system product has a characterizing flavor shall not be based solely on the use of additives,
13 flavorings, or particular ingredients, but shall instead consider all aspects of a final product
14 including, but not limited to, taste, flavor and aroma, product labeling, and advertising statements.
15 A flavor shall be presumed to be a characterizing flavor if a dealer, manufacturer, or distributor has
16 made a statement or claim directed to consumers or the public about such flavor, whether expressed
17 or implied, that it has a distinguishable taste or aroma (other than the taste or aroma of tobacco or
18 menthol).
1(2) “Flavored electronic nicotine-delivery system product” means any electronic nicotine-
2 delivery system product that imparts a characterizing flavor.
3(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale,
4 flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island
5 is hereby prohibited. Compassion centers and licensed cultivators registered with the state of Rhode
6 Island department of business regulation-office of cannabis regulation under chapter 28.6 of title
7 21 are exempt from this provision except as to products that contain, are made of, or are derived
8 from tobacco or nicotine, natural or synthetic.
9SECTION 2. This act shall take effect upon passage.
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  EXPLANATION
  BY THE LEGISLATIVE COUNCIL
  OF
  AN ACT
   RELATING TO TAXATION -- CIGARETTE, OTHER TOBACCO PRODUCTS, AND
  ELECTRONIC NICOTINE-DELIVERY SYSTEM PRODUCTS
  ***
1      This act would include menthol as a flavored electronic nicotine-delivery system product.
2      This act would take effect upon passage.
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