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House | June 10, 2015 | Committee Room | Commerce and Job Development

Full MP3 Audio File

Water everyone will take a seat, first I want to announce Sargent at arms today, they are Colton Adams, Joe Aston, Cory Braison and Martha Garrison and we also want to welcome our pages today, Palley Perry[sp] from Wake County sponsored by representative Stan. Perry[sp] junior from Bavored[sp], representative Tyme that sponsored, well Rachos From Benz[sp] county sponsored by [xx], Michael [xx] from [xx] stansard by representative Micheal Jeeter and John Terryson from wait [xx] again represented by and sponsord by representative Scapes Team[sp], first I want to make an announcement on house bill 4 eighty two we have requested another PCS to be created after some negotiations over that, over nice, so we are not prepared to discuss that today about to represent the press now who would be chairing the next commerce committee that there will be heard and voted on next week, just to let you know but do look for the revise PCS I think we have all parties in agreement now that we can finally proceed on this bill but is Senator Bingham here? Bingham here, there he is. Senator Bingham we are going to hear the senate Bill 286 regulate the sale of e-liquid containers.  Good morning ladies and gentlemen this bill passed unanimously in the health committee, passed unanimously in the city committee, health committee and now I have before you here basically this bill was or is supported by [xx] and the North Carolina VIP council I will tell you a little bit about this bill the FTA does not require drug resistance or I'm sorry list of [xx] on this bottles inside there are so sensing beggining of this VIP availability the extra, the cigarettes in North Carolina high schools has jumped 352%, the cigarettes comes in flavors which are attracted to use bubble gum chopped off fruit flavor and etc, so as you see this growing problem and currently with no registration or laws related to this what this bill will require is a child resist the packaging and also labeling if it contains nicotine we all know nicotine is a poison and that was the concern in what had happened in the past meaning  the nicotine can be absorbed through the skin is dangerous and it can kill children hence our efforts are small and that was the purpose the child resist the packaging The US Poison Control Center, have had calls of one per month in 2011, in 2014, it was 216 calls and this is the little bottles that contain nicotine and other things of drink it or can even die from it. So, what this does, is put some regulations and safety, this is mostly safety and safety related I would appreciate your support and I would be happy to try to answer in questions.  Represent Adams. Yes, thank you Mrs. Chairman. I will support this Bill, just question, wondered is there any tamper proof packaging with these products at this point in time, in other words can, people get into the product without breaking a seal just okay now, I turned it off sorry!

I was given, I;m not an an expert in this field, but I was given some examples of packaging of small bottles that contain them bubble gum flavors and any other things that didn't have any child resistance packaging knowledge, this is going to require that. So I think most of the manufacturers are people who are infact making theirswithin the process mockenly realize the dangers and they begin to comply but this will certainly support that Representative Horn   Thank you Madam Chairman, welcome Senator Bingham is Federal Government working on this FTA, any other packaging people or any other group, are they working on it what broad legislation? Representative Horn I don't know that, but I know that there might be someone here in the audience from win over the vice councilor or some someone who could speak to this but to my knowledge my understanding is the FTA does not require which are the package at this time and that processing also but this is the product in the growth in years of the as we all know that nicotine is addictive. We also know, that we're going to have health problems in the future from this and I think it's something we're going to need to look for and in the future. Some preparations and plans for what's coming so. But, Madam Chairman I don't want, know if I think there is someone in the audience that could probably answer this from the late council or and follow up to go along with that is or any other states like our neighboring states entertaining similar legislation. Representative Horn, not that I'm aware of but I mean I'm sure there's a we've got some folks that could answer that. I just saw the need for this and the danger in the actually the choft[sp?] tally task force brought this to my attention and I became keenly interested in this as I found more and more about it especially the growth because this is exponential the growth in the use of the youth in what they think about, it's just the cool thing to do which is not cool in my opinion.  Representative Horn I believe staff can answer your question. Representative Horn to answer your question, there are a couple of bills that have been before congress to require the Consumer Product Safety Commission to adopt regulations that will require child proof packaging for this liquid containers that's all sprawled up on Capital Hill ask to your question as to other states that have adopted this types of laws and requirements. Minnesota, New York and Vermont, have laws on the books requiring power proof packaging for any liquids and a handful of states including Virginia have proposed legislation to do pretty much the same thing that Senator Berhigham would do. Thank you very much and I'm ready for motion at the appropriate time.  Okay, Senator Berhingham also tell the  Clerk puts some example examples right there sir alright elbow if you have we have those so if there is any one was curious on that type of packaging that the cartridges and these cigarettes has, so we just brought those in. We do have some other questions okay, if it's okay with you Madam Chairman I'll pass this around, is that? That's certainly acceptable. Okay, thank you. For those of you who have never seen in this project this might be information so I will just say what they look after they use the traditional cigarette representative [xx] thank you Madam chairwoman I guess I am [xx] a little bit of representative Horns situations and do you know any of the men whose factors are voluntarily starting to do this because I guess what I am saying and I'm looking at if we just have state to here they are every where I just hand for I don't know the main factors they can be scared for that in terms of losing sales and incur the expense of living without a little bit big [xx] so the come in from the consumer protection agency so are we in fact going to drive this outside the borders of North Carolina where people will cross the line to pick this staff up and bring it back in? Madam chairman [xx] actually I was representing the fact that I was very pleased because RJ [xx]

has put a lot of time and effort in these and they've done very well at marketing and doing things because I would like to make it even more straight but I also realize that I couldn't take any note. But they've been very cautious and professional in the way that and I think some of this products that you've just looked at, will be child proof and they certainly realize and they've been supportive and helpful in adopting this because there has been some bad actors who kind of doing these in the backyard sort of thing and that's what when we get out the they've been very supportive in the specific legislation in labeling, the nicotine  etc and also very etc is that piece that was hande around. If you look at that closely the very idea for a child to tamper with they didn't get to make a team out to drink as in some of the other players as in Representative Bell. E  Thank you madam chairman I just wanted to know if u had any anybody opposing these from the outside do you mind if I [xx].  I think the three factors here and the North Carolina [xx] council, all are here and certainly they'll be happy to answer any question representative Bail if you the poison control council although the, I'm sorry the poison's control standard number of serious problems they are encouraged with the work sheets the major manufactured as example runners will take senator Bingham did you have someone from runners here who want to address that? Certainly but here whichever you hear from those two gentlemen in the back so Thank you Madam Chair my name JeaterI represent OJ lennox tobacco company and started to we do support the senators bill being passed around by you is the one and only product that winners make it is an chart prove, tamper prove case the e-liquid in it is pharmaceutical grade, it has been manufactured in Winston Silo and and that is the only one they have, it's not flavored, it just have a combination of measured dose of nicotine in there with glycolic water vapor and it has been widely accepted in the market only the FDA, consumer protection we expect that the federal government will move but they are moving at a galatia speed to get this and we want to make sure that the product and we would hope the rest to the industry and some of the rest of the industry is doing is to make sure that is in it tamper prove in fact the solowet or the battery pack has the chip in it and it only works with the car which stand approved it did also has a micro chip in it so only work in that product and I defy anyone in here to try break into that or use it. So, we also have abundant warning labels they slow you or outdid themselves with warning labels on this products. So we think this time responsible product, we would like to see all the industries adapt that. Some of the counter parts and entry, I know the world wide product is to be similar, they've taken a very responsible way to manufacture, to notify and its also it conforms to the age of purchase in the state, so we try to be a responsible manufacturer in that regard. We think that to wait for the Federal Government to act, we hope to set the standard and we think we can begin the set of standard in North Carolina but has a very good piece of legislation before them and I think you're going to see other states act on this, so we would urge the committee to pass this legislation and we hope it will set the standards for the federal

government and I would be happy to respond to any questions that you have. Madam Chairman. May I speak? Yes. Okay I've got Maria brought this this is not what she brought this is and example of what I was referring to proper to me in the market price and that being a small bottle, this is the one that's, This is Strawberry Watermelon and you can get Bubble gum and different fruit flavours and other things and you just doesn't have a tample proof of saying this is where Jane and others, and Patrick help with there and also other players, but our pass is serene also it don't taste the bud but anyway Madam Chair if I might I want to stress that the rouge product does not help bubble gum, strawberry, or any of those it is made in Western asylum[ using pharmaceutical tobacco grade grown in North Carolina and that's all it has I believe we have two other members who have questions, representative Floyd   I like this question to question that this made presentation So you don't have a question? Alright representative Robinson, you have a question? Yes, he mention that if we had any questions. Okay, so I just like to ask him a question That would be accepted representative Floyd and that question is very simple, package or own package, package or own package. What would help him if those cigarettes will exchange among young individuals. or are you asking the gentlemen from Hinos.  Okay, I have been trying to be with you please requesting sir. He may. what will happen. Let say exchanges them you can only use the coverage, the reasonable coverage in the profit, they cannot be used outside that very good that is responding to your question. Parliamentary Two, I'm as part of the educational process in part of this particular process that you are looking at here, you know they are concern that have would be beyond which it's exactly one page but the these keys cannot change as a lot of you can hope to, that they wanna change these by to giving one to another freehand and allow him to smoke from the zaine, that keenly they will mark the same to packaging or own packaging the health issue is the other one, that the exchange is among themselves it's not part of the Chairman, He may answer. Well, the Chairman I understand the question that and is the purchase for this product is certainly other debugging products that are in place and is state with respect to one of the person, and to clear that is the underscore for this registration or I think this hard to punch for to prevent one person  from buying the product and  giving it to another, I  will go with the current logos where they also on these on possession so there is 18 year age for purchase use or possession. Okay Madam chair then I'll be through. Yes substitute forward go forward with your follow up. This  cigarette are plentiful on many campuses under 18 In my opinion use the information and have it the increase in using this they had indicated from the set it was done and I am not sure with the chance stand the cash flow which didn't increase 252% till 2011 to 2013 so it's a grown is certainly growing problem. I hope I have answered the question. Representative Ramsey any other question? Thank you madam Chair and is trying to answer my question about the agent project eight team. Okay thank you. Representative Rowly.  Thank you madam chair I'm representative Floyd asked the question that targeted question and I don't mind and what authority I was asking is can this vapor cartriges this

assuring the cigarette liquid between people with multiple guide machines or two people sharing one item become a transmission can a disease medium I think that the question by asking can someone with a disease give it to someone else through cigarettes. Did you want to try to answer that or I'll be happy to make a try? I think the Reynolds product will not interchange with anything. Now, is a little bottle that I've got before the committee that's being passed around. I think that's pretty generic and you can use some type of a chip doesn't have integrated circuit in it, and the battery and other things is so simple to use. So, I would say that would be a possibility, but I don't know the gentleman from the Blake[sp?], Counsel would wish to address that one or not but we'll, if you don't mind Madam Chairman Order If you will just hold up for just a minute, I'm going to let Representative Torbett, he said that he does have an answer. The question. Thank you. Often times I'm noted as a professional smoker, so answer to Representative Brownley's question, to answer that question be no more than kissing. I believe we only have one final question representative Adam? Thank you Madam Chairman, question while we have the folks available that might be able to answer this, this fluid, can this fluid be used to survey drugs or medications that then can be inhaled from this devises? Is that a possibility? My understanding that's exactly right, it could be and that was also one of the concern of the Jeff Terry task force, was not only nicotine but other things that can be used as I know where your going with this in that being marijuana et cetera. Follow up? Yes go ahead. I'm thinking also about over the counter medications, like liquid things used for allergies and things of that nature? I mean I'm not a specialist in physics and vapor et cetera, but you may have a PhD in urine chemistry they could answer, I see a gentleman in the back of my mind, but I don't see why not. The issue here is and I think the majority of these sales are by to youth who use cigarettes, and we just want to try to make them safe, and from my concern is to make these children aware that this is a dangerous product for youth and even young adults. Follow up. Yes go ahead. Any comment from the industry I'd like to know what preventative measures might be taken to stop this from happening. You may answer. Madam Chairman, Representative, with respect to [xx] products, it was designed specifically to be a closed system, so that it only works with a computer chip in both the device, and in in the cartridge, and the cartridge is absolutely tamper proof, so you cannot inject anything else into it if you try. So the difference is a close system such as [xx] produces and Warlord produces and [xx] produces as opposed to an open system, but the closed system was looked at specifically to prevent exactly what you're saying, make it tamper[sp?] proof so they can't inject anything else in it and that it comes from factory, from the lab in the factory with only pharmaceutical grade nicotine and the others. It's a great concern and the company I represent try to address that concern in the design of the product. Follower. One lat follower. I would recommend that we in-cooperate that requirement into the a berue[sp?] of associated bill, so that no other devices that don't meet those standards available in the market place. Are you proposing an amendment, Representative Browning. Thank you Madam Chair, and I apologize because I was having a little fun with Representative Floyd question and I think I got it slow before a field there're some other issues on this vapor products that perhaps we would want to address in other legislation in another time before us today is fairly clear it's intent people are buying liquid for each cigarette it's in their house they have small

children the children may get their hands on it it looks like candy it tastes like candy it's not it's dangerous the idea here is to make sure that someone who is using an e-cigarette as an attempt to at least be less on healthy than the traditional tobacco cigarette does not inevitably harm that child the bill that's before us is a good bill it does not create new problems it solves some potential problems we have and we can discuss a lot of other things and I'm just as guilty as other people in the committee, but I would like to apologize for starting that to this sponsor and just tell you, you got a good bill and I'm definitely going to support what you have and we will drive off those other bridges when we come to them thank you. Amen, thank you One final question Representative Alburn[sp??]  I'm confused now I;m under the impression this bill just makes a mandatory packaging similar to what generic aspirin would come in that a kid has trouble with opening. This doesnt mandate tht the only package that you can have is the renols[sp?] package does it? No not at all the definition of child proof I know we've got all the smart attorneys in research folks here who can answer that and others in the room I don't I couldn't answer that but I'm sure someone on staff hopefully can. If we can get a definition of child proof because that's I think that was a gentleman's question about the.. Senator Bingham I believe the staff have a definition for you. Yeah Senator Bingham and Representative [xx] if you look on page one of the bill line 10 the bill defines what constitutes child resistance packaging, and rather with those words too I'll just say that this mirrors the federal regulations from the Consumer Product Safety Commission as they require child resistance packaging, four things like you said generic pseudomenefin[sp?], ibuprofen, all manner of over-the-counter drugs, household cleaners and things of this nature to protect children. Thank you. Representative Martin. Thank you Madam Chair, I move for a favourable report to Senate Bill 280. Representative Martin I was going to call attention to line 29 before the motion that there is a criminal penalty, would you be amendable to revising your motion for a serial referral to judiciary two? Absolutely. All those say aye? 'Aye. ' Any opposed? The bill receives a favorable report and will be referred to Judiciary two. Thank you and commerce is up. Thank you ladies and gentlemen