,,ii  #aafth ,,congress  #ast ,session  
,s4 #becf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bd1
 #bjai ,mr4 ,merkley 7for himself1 ,ms4 
,murkowski1 ,mr4 ,durbin1 ,mr4          
,blumenthal1 and ,mrs4 ,shaheen7        
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
establish standards for the design of   
electronic nicotine delivery systems4   
#a4 ,short title  ,this ,act may be     
cited as the ,e-,cigarette ,device      
,standards ,act of #bjai4  #b4          
,standards relating to electronic       
nicotine delivery systems  7a7          
,establishment of standards  7#a7 ,in   
general ,section #ijg7;a7 of the        
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #chg;g7a77 is       
amended by adding at the end the        
following3  7#g7 ,standards relating to 
electronic nicotine delivery systems    
,the ,secretary shall establish         

standards regarding the design of       
electronic nicotine delivery systems    
that1 at a minimum1 prevent consumers   
from modifying or adding any substances 
to electronic nicotine delivery systems 
7including their components or parts7 in
 a way that is not intended by the      
manufacturer4  4  7#b7 ,timing ,the     
,secretary of ,health and ,human        
,services shall-- 7,a7 not later than   
#ahj days after the date of enactment of
 this ,act1 issue proposed regulations  
to carry out the amendment made by      
paragraph 7#a72 and  7,b7 not later than
 #a year after the date of enactment of 
this ,act1 issue final regulations to   
carry out such amendment4  7b7          
,definition ,section #ijj of the        
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #chg7 is amended--  
7#a7 by redesignating paragraphs 7#h7   
through 7#bb7 as paragraphs 7#i7 through
 7#bc71 respectively2 and  7#b7 by      
inserting after paragraph 7#g7 the      
following3  7#h7 ,electronic nicotine   

delivery system  7,a7 ,in general ,the  
term electronic nicotine delivery system
 means any electronic device that       
delivers nicotine1 flavor1 or another   
substance via an aerosolized solution to
 the user inhaling from the device      
7including e-cigarettes1 e-hookah1      
e-cigars1 vapes1 vape pens1 advanced    
refillable personal vaporizers1 and     
electronic pipes7 and any component1    
liquid1 part1 or accessory of such a    
device1 whether or not sold separately1 
and includes components and parts of the
 electronic nicotine delivery system4   
7,b7 ,component or part ,with respect to
 an electronic nicotine delivery system1
 the terms component and part-- 7i7 mean
 any software or assembly of materials  
intended or reasonably expected--  7,i7 
to alter or affect the tobacco product's
 performance1 composition1 constituents 
or characteristics2 or  7,,ii7 to be    
used with or for the human consumption  
of a tobacco product2  7ii7 exclude     
anything that is an accessory of a      

tobacco product2 and  7iii7 include     
e-liquids2 atomizers2 batteries 7with or
 without variable voltage72 cartomizers 
7atomizer plus replaceable fluid-filled 
cartridge72 digital display or lights to
 adjust settings2 clearomisers1 tank    
systems1 flavors1 vials that contain    
e-liquids1 and programmable software1   
flavor enhancers and the vials in which 
such flavor enhancers are contained2    
hose cooling attachments2 water         
filtration base additives 7including    
flavored additives72 flavored waterpipe 
tobacco charcoals and the wrappers or   
boxes that contain the charcoals2 and   
bowls1 valves1 hoses1 and heads4  4  7c7
 ,conforming amendment ,section #i7a7 of
 the ,comprehensive ,smokeless ,tobacco 
,health ,education ,act of #aihf 7#ae   
,u4,s4,c4 #ddjh7a77 is amended by       
striking section #ijj7ah7 and inserting 
section #ijj7ai74