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. ยง 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: