Delaware Senate passes indoor e-cigarette ban

Senate lawmakers passed legislation Thursday that adds e-cigarette devices to Delaware's Clean Indoor Air Act, but would exempt vape shops from such a ban.

"It is a good day for the public's health," said Sen. Bethany Hall-Long, D-Middletown, the bill's sponsor in the Senate. "This provides another level of protection for the public."

The measure, which passed 13-7, with one not voting, saw several amendments defeated. One would have exempted cigar shops from the ban, and another would have exempted taprooms and taverns.

The measure now heads to Gov. Jack Markell, who has said he will sign the bill.

House lawmakers defeated similar amendments when they passed the legislation in early May. The only amendment they did pass was the one that exempts vape shops, stores where people buy their e-cigarette devices and flavoring. Stores would be exempt if 80 percent of revenue came from the sale of e-cigarettes and the shop does not share space with other establishments.

The measure also requires that minors are prohibited from entering the vape shops and requires the stores to post signs that anyone under 18 is not allowed inside.

E-cigarettes are battery-powered devices that produce an odorless vapor that typically contains nicotine and flavorings. Supporters of the bill say e-cigarettes contain harmful chemicals. The devices are not yet regulated by the U.S. Food and Drug Administration.

Dr. Karyl Rattay, director of Delaware Public Health, said during Thursday's hearing that the devices contain more than just water vapor. They contain many chemicals that can be toxic to humans, including nicotine, she said.

Opponents to the bill have said there has not been enough research done on e-cigarettes and banning them indoors could deter people from using the devices for smoking cessation.

A year ago, the Food and Drug Administration proposed regulating e-cigarettes, including banning sales to minors. Delaware banned the sale to minors last year.

Four states, including New Jersey, ban smoking e-cigarettes indoors.

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