HOUSE BILL NO. 4287
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February 23, 2021, Introduced by Rep. Hall and referred to the Committee on Regulatory Reform. |
A bill to amend 1993 PA 327, entitled
"Tobacco products tax act,"
by amending sections 2, 6, 7, and 12 (MCL 205.422, 205.426, 205.427, and 205.432), section 2 as amended by 2020 PA 326, section 6 as amended by 1997 PA 187, section 7 as amended by 2016 PA 86, and section 12 as amended by 2018 PA 639.
the people of the state of michigan enact:
(a) "Alternative nicotine product" means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-8.
(b) (a) "Cigar" means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco. Cigar does not include a cigarette.
(c) (b) "Cigarette" means a roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, which roll has a wrapper or cover made of paper or any other material. Cigarette does not include cigars.
(d) (c) "Cigarette making machine" means any machine or other mechanical device which meets all of the following criteria:
(i) Is capable of being loaded with loose tobacco, cigarette tubes or cigarette papers, and any other components related to the production of cigarettes, including, but not limited to, cigarette filters.
(ii) Is designed to automatically or mechanically produce, roll, fill, dispense, or otherwise generate cigarettes.
(iii) Is commercial-grade or otherwise designed or suitable for commercial use.
(iv) Is designed to be powered or otherwise operated by a main or primary power source other than human power.
(e) (d) "Commissioner" means the state treasurer.
(f) "Consumable material" means any volume of liquid nicotine solution, other than marihuana, that is depleted as an electronic smoking device is used.
(g) (e) "Container" or "shipping case" means an individual receptacle within which a tobacco product or group of tobacco products is placed for shipment, storage, or distribution, such as a box, case, or tote. A container or shipping case does not include any of the following:
(i) An individual package of cigarettes or cigarette carton containing cigarettes that are not counterfeit cigarettes.
(ii) Except for counterfeit cigarettes, the package or other article containing the tobacco product that is sold or transferred directly to the ultimate consumer.
(iii) A bag or similar package containing bulk or loose hookah tobacco, pipe tobacco, or roll-your-own cigarette tobacco that a retailer uses to fill bins, barrels, or tubs located at the retailer's place of business from which either the retailer sells a specified quantity of those tobacco products or a blend or mixture of those tobacco products to the consumer, or the consumer removes or draws a specified quantity of those tobacco products or a blend or mixture of those tobacco products for purchase at retail from the retailer.
(iv) A pallet or similar article or device upon which an individual receptacle or group of receptacles, containing the tobacco products, is placed for shipment, storage, or distribution.
(v) Property used as a protective covering for, or to keep together during shipment, storage, or distribution, a receptacle or group of receptacles within which the tobacco product is placed for shipment, storage, or distribution including shrink wrap or other wrapping materials, but excluding the protective covering which forms, gives shape to, or otherwise constitutes the receptacle within which the tobacco product is placed for shipment, storage, or distribution.
(h) (f) "Counterfeit cigarette" means a cigarette in an individual package of cigarettes or other container with a false manufacturing label or a cigarette in an individual package of cigarettes or other container with a counterfeit stamp.
(i) (g) "Counterfeit cigarette paper" means a cigarette paper with a false manufa