Georgia committee advances bill to create state vape product registry after disputed debate

The House Ways and Means Committee’s public finance and local policy subcommittee on Tuesday advanced HB577, a proposal to create a state registry of nicotine vapor products and give the Georgia Department of Revenue a role in enforcement.

Proponents said the registry is intended to curb a flood of unregulated, flavored disposable products coming from overseas and to give retailers a list of products that are legal to sell. “What this bill does is it creates a state level registry, and it would run the Department of Revenue and then give a state level, enforcement mechanism to try to get the vaping, crisis under control,” Representative Houston Gaines said during the presentation.

The bill’s author said the measure would not change what federal law allows or bans, but would provide clarity to retailers about which products are legal. He told the committee recent state and federal activity has not given retailers the information they need: “Right now, stores, convenience stores, vape stores, they don't have any list of what products are legal. So they don't know other than the 23 approved fully approved FDA products.”

Why it matters: Supporters from law enforcement and county government described illicit imports as a public-safety and youth-health problem. David Jones, chief of staff for the Cobb County Sheriff’s Office, told the committee that “over 90% of the vape market is dominated by illicit, vapes made in China” and said the registry would help law enforcement identify illegal products quickly.

Retailers, industry representatives and some store owners urged the committee to reject or substantially change the measure. Several owners said the bill’s current definition of “nicotine vapor product” would exclude open systems and many e-liquids used in traditional retail vape shops, effectively eliminating the step-down nicotine pathway those stores provide to customers quitting cigarettes.

“I’m just asking you to vote no to this bill because you are making yet extremely difficult to the consumers, to the adults that we're trying to service,” Lisa Ganot, who said she has operated a retail vape store since 2011, told lawmakers. Ganot and others said that much of their retail business is for low-nicotine e-liquid in open systems and that a registry tied to the federal PMTA (premarket tobacco application) process would favor large manufacturers over smaller, local producers.

Industry representatives also disputed the premise that a state registry would be simple to maintain. Dylan Gilbert, a multi-store owner from Savannah, told the committee that the federal PMTA process has produced a shifting, sometimes opaque body of approvals and stays and that basing a state registry on that process risks leaving many legitimate, small-manufacturer products off the list.

Committee members asked technical and policy questions about enforcement, FDA activity and how the registry would treat open-system devices and products currently pending federal review. The bill’s sponsor indicated he is open to changes. “If anybody has specific changes to the bill, I'm open to them,” Representative Gaines said.

Outcome: The subcommittee voted to give HB577 a due-pass recommendation to the full committee. The vote was moved and seconded on the record; the motion carried.

What’s next: The bill will go to the full House Ways and Means Committee for further consideration. Supporters and opponents said they expect to pursue technical edits before that hearing.