FRANKFORT—Electronic cigarettes would be regulated as tobacco products in Kentucky under legislation that passed the House Licensing and Occupations Committee Wednesday.
House Bill 309, sponsored by Rep. Joni Jenkins, D-Shively, would include the relatively new product among cigarettes, cigars, and other types of tobacco products that are state regulated. It would also make e-cigarettes off limits to anyone under age 18.
E-cigarettes have a battery, electric circuit, or other component that allows them to produce vaporized or aerosol nicotine. The nicotine is derived from tobacco grown in India and China, said National Center for Tobacco-Free Kids regional director Amy Barkley, who testified on the bill with Jenkins before the committee.
Rep. Brad Montell, R-Shelbyville, questioned whether e-cigarettes would be taxed as tobacco products if redefined under HB 309. Jenkins said that would be up to the House Appropriations and Revenue Committee, which is now working on a state budget proposal for the next two years.
Concerns about how broadly the legislation could be interpreted were expressed by Rep. Adam Koenig, R-Erlanger, who asked Jenkins, “… why don’t we just have a bill that says, e-cigarettes: You can’t buy them if you’re 18.”
“I guess because the industry is constantly changing, and if we just say e-cigarettes next year there’ll be a another product very similar but that’s not exactly an e-cigarette,” Jenkins said.
HB 309 now goes to the full House for its consideration.