HB 224-SALES OF NICOTINE PRODUCTS TO MINOR  1:36:15 PM CHAIR FRENCH announced the consideration of HB 224, "An Act prohibiting the sale or gift of a product containing nicotine to a minor under certain conditions." 1:36:29 PM REPRESENTATIVE PAUL SEATON, sponsor of HB 224, stated that this legislation addresses the issue that state law does not prevent companies from selling or giving products that contain nicotine to minors. He reported that tobacco companies are test marketing nicotine-laced products like water, candy lozenges, toothpicks, and hand wipes in four states. The bill is an effort to keep these products from appearing on retail shelves across Alaska, because they are designed to get kids addicted to nicotine so they will switch to tobacco products. The bill does not preclude a medical professional from prescribing nicotine, and it does not prevent a parent or guardian from providing nicotine to their children. He concluded that these products should not be allowed to circulate in Alaskan communities. He said most venders can verify age by scanning IDs and DHSS has indicated it should not be a problem to incorporate this into their current education program. In addition, it is a complaint- driven process so the penalty for an infraction would be much like a speeding ticket. 1:39:53 PM CHAIR FRENCH asked him to confirm that the products he showed the committee are not currently sold in Alaska. REPRESENTATIVE SEATON said that is correct; the samples came from Oregon, one of the test market states, but nothing prevents their sale in Alaska. Responding to further questions, he explained that both synthetic and tobacco-derived nicotine are addictive, but the U.S. Food and Drug Administration (USFDA) can only regulate use in tobacco products. 1:41:28 PM CHAIR FRENCH asked for an explanation of Sec. 11.76.109(a)(2) on page 1, lines 10-11. REPRESENTATIVE SEATON explained that subsection (a) prohibits the sale or gift of a product containing nicotine to a minor. Paragraph (1) specifically addresses the sale of a product containing nicotine to a person under age 19, and paragraph (2) specifically addresses gifting a product containing nicotine to a person under age 19. CHAIR FRENCH reviewed the exceptions in subsection (b) and questioned linking paragraphs (1), (2), and (3) with "and." Doing so would keep a parent from giving a nicotine-containing product to their child unless it was USFDA approved for tobacco cessation. REPRESENTATIVE SEATON responded that the intent is that a parent can give their child a tobacco cessation device, or a pharmacist can prescribe and delivered it. CHAIR FRENCH asked if he was trying to outlaw a parent giving their child the nicotine-laced water but allow giving Nicorette gum. REPRESENTATIVE SEATON reiterated the intent. CHAIR FRENCH said he was trying to make sure that everyone was reading the bill the way he was reading it. He reviewed subsections (c), (d), and (e) and had no further questions. 1:45:19 PM SENATOR COGHILL asked if there is a safe level of nicotine. REPRESENTATIVE SEATON replied all of the medical professionals consulted indicated there is no constructive use for nicotine. He noted that the Department of Health and Social Services (DHSS) may have something to add. SENATOR COGHILL wondered if an energy drink might contain a safe level of nicotine. 1:46:32 PM MARY JANE SHOWS, staff to Representative Paul Seaton, said her research indicated that the only products that have nicotine added are the ones the sponsor mentioned. SENATOR COGHILL asked how a hand wipe might cause a nicotine addiction. REPRESENTATIVE SEATON explained that nicotine enters the bloodstream through the pores of the skin. 1:47:46 PM SENATOR WIELECHOWSKI offered the committee information about nicotine that he gleaned from Wikipedia. SENATOR PASKVAN asked if tobacco company subsidiaries manufacture these products. REPRESENTATIVE SEATON said that was his understanding. CHAIR FRENCH asked Ms. Casto when she first became aware of these nicotine-laced products. DIANE CASTO, Prevention Manager, Division of Behavioral Health, Department of Health and Social Services (DHSS), said information about recreational nicotine products has cropped up in the course of her job for the last several years. She offered her personal opinion that tobacco companies are looking for additional ways to market their product as cigarette usage drops. CHAIR FRENCH asked where nicotine gum falls in the spectrum. MS. CASTO explained that gum and nicotine patches are primarily used as tobacco cessation products. CHAIR FRENCH reviewed the exception in paragraph (1) and observed that the gum has been approved by the USFDA. He reviewed the exception in paragraph (2) and asked if "approved purposes" means tobacco cessation. MS. CASTO said yes. She relayed that the USFDA recognizes the potentially large market for these new recreational nicotine products, and is committed to finding a way to appropriately monitor and regulate the usage. CHAIR FRENCH asked if she was aware of trace amounts of nicotine in the marketplace. MS. CASTO replied she couldn't say with certainty but, in general, nicotine is not being put into products right now. 1:53:16 PM EMILY NENON, Alaska Government Relations Director, American Cancer Society (ACS), Cancer Action Network (CAN), stated support of HB 224. It will close a loophole in the statutes and will help protect kids from some of the new and dangerous products coming on the market. Every month she hears about new and creative ways the tobacco industry has developed to deliver nicotine. She warned the committee to remain vigilant against predatory products and practices that entice kids into deadly addictions. 1:54:39 PM CHAIR FRENCH asked if the $300 fine provided in the bill was the same as the fine for selling cigarettes to a minor. MS. NENON deferred the question to Ms. Casto. MS. CASTO explained that a certification is required in order to sell tobacco and when there is a violation of selling to an underage person there are two potential actions. One is to fine the clerk that sold the tobacco $300 on a first offense, and incrementally higher on subsequent offenses. The second option is to penalize the owner of the establishment by suspending tobacco sales for up to 20 days on a first offense, although it can be mitigated down to a minimum of 10 days. Again, the number of days that tobaccos sales are suspended increases with each subsequent offense. CHAIR FRENCH observed that the bill takes a different scheme since there is no license to suspend; it will essentially be a fine against the vender. MS. CASTO said that was her understanding. She added that part of the DHSS tobacco enforcement program is to train and educate sellers of tobacco products about new and changing laws. If these new products enter Alaska, it would not be difficult to incorporate them into the program. CHAIR FRENCH asked if this bill might prevent those products from entering the Alaska market entirely. MS. CASTO replied that was her hope. She opined that limiting the ability to sell the products to minors would certainly reduce the draw. CHAIR FRENCH commented that it's a good reminder that the products could still be sold to adults. SENATOR PASKVAN asked if nicotine-laced water is flavored. MS. CASTO surmised that would be the case. 2:00:45 PM CHAIR FRENCH noted the press relief from the Harvard School of Public Health that talked about dissolvable nicotine that can lead to accidental poisoning in infants and youths. He asked if she had reviewed any of that material. MS. CASTO said she had not done any in-depth research but it is an addictive substance and little bodies would be particularly vulnerable. 2:01:39 PM CHAIR FRENCH closed public testimony and held HB 224 in committee. REPRESENTATIVE SEATON noted the added provision that subjects an employer to a $300 fine for failure to advise their employees of this prohibition.