Nebraska lawmakers considered a bill Thursday to mandate that vapes sold in the state have child safety locks.
The bill (LB1254) was brought before the Legislature’s Judiciary Committee by Sen. Elliot Bostar of Lincoln. If passed into law, electronic smoking devices sold in the state would be required to include built-in child safety features. Any violation would be a Class IV misdemeanor, punishable by up to a $500 fine.
Senator Eliot Bostar of Lincoln – District 29 (Photo: Nebraska Unicameral Information Office)
Bostar said the measure was “common sense” as young children can easily activate unprotected vape devices by inhaling from them, exposing themselves to nicotine and other toxic chemicals. He said children often mimic adult behavior and putting things in their mouth is normal during the developmental phase.
The measure would not ban vaping products or change age limits, but would require child-safety protections similar to those used for other products such as medications, cleaning products and lighters.
“If these products are going to be sold in our state, they should incorporate basic mechanical safeguards to prevent unintended use by young children,” Bostar said.
Lancaster County Commissioner Matt Schulte testified in support of the proposal, calling the bill a logical extension of annual compliance checks on vape vendors by the Lincoln-Lancaster County Health Department, the Lancaster County Sheriff’s Office and Lincoln Police.
However, one vape shop owner “respectfully” testified in opposition.
Stacy Alexander, owner of e-Titan Vapors, which has multiple location in the tri-cities, said the industry is still digesting recent regulatory changes, namely the creation of the state’s electronic nicotine delivery systems registry, which took effect Jan. 1.
He warned this bill could create further confusion with registry compliance and further disrupt retail operations.
“It would probably be more appropriate for the [U.S.] Food and Drug Administration to develop standards for manufacturers on the federal level, rather than state-to-state patchwork of regulations,” Alexander said.
The committee took no immediate action on the bill.