PUBLIC CHAPTER NO. 353
SENATE BILL NO. 411
By Overbey, Massey

Substituted for: House Bill No. 309
By McDaniel, Cameron Sexton, Williams, Gravitt, Stewart, Armstrong, Powell, Byrd, Lamberth,
Hardaway, Harry Brooks, Dunlap, Todd, Towns, Lollar, Butt, Mark White, Kane, Moody
AN ACT to amend Tennessee Code Annotated, Title 4; Title 39; Title 47; Title 49; Title 62; Title 63
and Title 68, relative to vapor products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-1501, is amended by deleting the
section and substituting the following:
This part shall be known and may be cited as the "Prevention of Youth Access to
Tobacco and Vapor Products Act."
SECTION 2. Tennessee Code Annotated, Section 39-17-1502(b), is amended by deleting
the language "electronic cigarettes" wherever it appears and substituting the language "vapor
products".
SECTION 3. Tennessee Code Annotated, Section 39-17-1503, is amended by deleting
subdivision (4) and adding the following, appropriately designated subdivision:
( ) "Vapor product":
(A) Means any noncombustible product containing nicotine or any other
substance that employs a mechanical heating element, battery, electronic circuit, or
other mechanism, regardless of shape or size, that can be used to produce or emit
vapor;
(B) Includes any electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product, and any vapor cartridge or other container of a
solution containing nicotine or any other substance that is intended to be used with or
in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or
similar product; and
(C) Does not include any product regulated under Chapter V of the Food,
Drug, and Cosmetic Act (21 U.S.C. § 351 et seq.).
SECTION 4. Tennessee Code Annotated, Section 39-17-1504, is amended by deleting the
language "tobacco product" wherever it appears and substituting the language "tobacco or vapor
product".
SECTION 5. Tennessee Code Annotated, Section 39-17-1504, is further amended by
deleting the language "tobacco products" wherever it appears and substituting the language
"tobacco or vapor products".
SECTION 6. Tennessee Code Annotated, Section 39-17-1504(e), is amended by deleting
the subsection.
SECTION 7. Tennessee Code Annotated, Section 39-17-1505(a), is amended by deleting
the subsection and substituting the following: