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Committee advances bill to regulate nicotine pouches, rejects food-exemption amendment
Summary
House Bill 2528B would add nicotine derived from any source to Oregon’s tobacco-product definition and move penalties to civil enforcement; the committee defeated an amendment to explicitly exclude foods with trace naturally occurring nicotine and later moved the bill to the floor with a due-pass recommendation.
The Senate Committee on Finance and Revenue on June 23 considered House Bill 2528B, which would add nicotine derived from any source to Oregon’s definition of tobacco products for regulatory purposes, replace criminal penalties with civil enforcement and prohibit free samples. The measure would require sales of tobacco and nicotine products to occur at licensed premises.
Nut graf: Sponsors and public-health advocates said HB 2528B closes a state-level loophole allowing retailers to sell nicotine pouches and other non‑tobacco-derived nicotine products to minors; opponents argued the bill required careful drafting to avoid unintended consequences for food items that contain trace, naturally occurring nicotine.
Sen. Lisa Reynolds, a pediatrician and sponsor, said the state loophole meant nicotine pouches could be sold to minors despite federal rules and called the bill “a modest but meaningful step” to prevent youth nicotine addiction. She expressed disappointment that a tax provision was removed in the House but urged passage on regulatory grounds.
Dr. Dean Seidlinger, Oregon Health Authority state epidemiologist, testified the bill creates regulatory parity so oral nicotine products derived from tobacco or synthetic nicotine are covered by the state tobacco-retail-license program. He told the committee the bill “does nothing to limit the sale of vegetables” and that the statute’s phrasing—“nicotine derived from any source”—was intended to avoid regulating foods that contain trace levels of naturally occurring nicotine.
Representative Ewert Reschke offered the dash B8 amendment to explicitly exclude “articles of food containing trace amounts of naturally occurring nicotine.” The committee voted on B8 and the amendment failed in roll call.
After debate, Vice Chair McLean moved HB 2528B to the floor with a due-pass recommendation. The committee recorded a roll-call vote and advanced the bill. A notice of minority report was lodged in the record.
Discussion versus decision: testimony included high-level public-health rationale and rebuttals about scope and enforcement; the committee took formal action to advance the bill while rejecting the B8 food-exemption amendment.
Ending: Committee members asked OHA to provide written clarifications about enforcement scope and online sales; the committee advanced HB 2528B while preserving concerns noted in a minority position.
