HB 910: Provide for taxation of vapor products - Montana

HB0910_2(2).pdf → HB0910_2(3).pdf · 3 edits

MINOR

The bill updated the definition of 'tobacco product' to explicitly include products containing nicotine intended for human consumption, regardless of whether they contain actual tobacco. This change broadens the scope to cover emerging nicotine delivery methods like vapes and heated tobacco products that may not strictly contain tobacco leaf but still deliver nicotine. The revision also clarifies that the definition includes substances consumed during the use of devices that deliver nicotine or other substances, such as e-cigarettes and e-hookahs.

Scope change

The bill's scope expanded from traditional tobacco products to include a broader range of nicotine-containing products and devices, ensuring these new items are regulated under the same framework as cigarettes and cigars.

DEFINITION

The definition of 'tobacco product' was modified to include any product containing or derived from tobacco or containing nicotine intended for human consumption, covering methods like smoking, heating, chewing, and inhaling.

New language was added to explicitly include substances consumed during the use of devices that deliver nicotine or other substances, such as e-cigarettes, e-cigars, e-pipes, vape pens, and e-hookahs.

The definition was updated to remove specific examples like 'snus' from the primary list and instead group them under the broader 'including but not limited to' clause for clarity and future-proofing.

HB0910_1(4).pdf → HB0910_2.pdf · 4 edits

MODERATE

The bill was renumbered from HB 910.1 to HB 0910.2, and the title was updated to include a new provision for defining 'vapor products' in addition to revising the definition of 'tobacco products.' The scope of the bill now explicitly covers amendments to two specific sections of the Montana Code Annotated (16-11-102 and 16-11-111), indicating a broader regulatory framework for vaping products. The detailed text changes show a restructuring of the 'tobacco product' definition to explicitly include vapor products and devices that deliver nicotine, while also adding an exclusion for FDA-regulated drugs and devices.

Scope change

The bill's scope expanded to explicitly include vapor products and devices (such as e-cigarettes and vape pens) within the definition of 'tobacco products,' and it now targets two specific statutory sections for amendment.

DEFINITION

The definition of 'tobacco product' was expanded to explicitly include products containing nicotine intended for consumption via devices like e-cigarettes, e-cigars, and vape pens.

A new exclusion was added to the definition, stating that FDA-regulated drugs, devices, or combination products are not considered tobacco products under this bill.

REQUIREMENT

The bill title and scope were updated to reflect amendments to two specific code sections (16-11-102 and 16-11-111) rather than just one, indicating a more comprehensive regulatory update.

TECHNICAL

The bill number was changed from HB 910.1 to HB 0910.2, and the title text was restructured to accommodate the new definition provision.

LC1418.pdf → HB0910_1.pdf · 2 edits

MINOR

The bill was officially renumbered from LC 1418 to HB 910 and assigned to a primary sponsor, M. Caferro. The most significant substantive change is the addition of a new exemption clause stating that the bill does not apply to drugs, devices, or combination products regulated under federal law, clarifying the bill's relationship with federal oversight.

Scope change

The bill's scope was narrowed by explicitly excluding federally regulated drugs and devices from its definition of taxable vapor products.

TECHNICAL

The bill number changed from LC 1418 to HB 910, and the sponsor line was updated to list M. Caferro as the primary sponsor.

DEFINITION

A new subsection was added to the definition of 'tobacco product' to explicitly exclude drugs, devices, or combination products as defined by the Federal Food, Drug, and Cosmetic Act.

Provide for taxation of vapor products

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