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Sponsor pitches temperature limits for vape devices to reduce metal contamination; state agency says federal rules are primary venue
Summary
Rep. Alice Wade proposed HB 15 32 to require vape devices to include safety features (temperature limits/shutoffs) to prevent overheating and metal leaching; DHHS and industry witnesses said the FDA and federal standards are the more appropriate regulatory forum, but sponsors asked for technical rulemaking if legislation advances.
Representative Alice Wade told the committee HB 15 32 would require vaping devices to incorporate safety features — such as temperature limits or automatic shutoffs — that reduce the risk of overheating and the release of toxic metals into inhaled aerosol. The sponsor framed the bill as a consumer‑safety measure and said the aim was to require device features but not to freeze technical specifications in statute; she proposed rulemaking as a preferred route to allow technical updates.
Abby Rogers from the Division of Public Health Services, DHHS, said temperature specifications are not currently within the department’s rulemaking purview and that the U.S. Food and Drug Administration regulates vaping devices under the Tobacco Control Act. Rogers said no explicit federal temperature limits currently exist and that DHHS would not have a clear enforcement mechanism for device temperature rules under its existing authority.
Retailers and industry witnesses questioned how a state standard would affect imported devices and whether a federal standard would be more effective. The sponsor asked the committee to consider whether a state rulemaking body or licensing regime could be the proper venue if the committee wants device safety addressed locally.
