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Dueling smoking bills moving through Arizona Legislature

One-fourth of US cancer deaths linked with 1 thing: smoking
Posted at 11:58 AM, May 13, 2019

PHOENIX — The fate of competing tobacco and vaping regulation bills that pit health advocates against industry backers could become clear this week at the Arizona Legislature.

The Senate last week unanimously passed a bill championed by Republican Sen. Heather Carter of Cave Creek that would reclassify vaping products as tobacco and place them under the state's voter-approved Smoke-Free Arizona Act, which bars indoor tobacco use.

Carter's plan is backed by health groups, including the American Cancer Society, and would bar online sales of vaping products to minors.

The measure is now ready for a House vote after going through a conference committee.

Meanwhile, the competing proposal from fellow Republican Rep. John Allen, backed by the tobacco and vaping industry and retailers, could come up for a House vote this week.

Allen's bill raises the age to buy tobacco or vaping products to 21. It also contains a clause barring cities and towns from further regulating tobacco or charging licensing fees to retailers.

Allen and Carter represent the same northeast Phoenix-area district and have traded barbs over the competing legislation.

Allen said he's tweaking his bill to get needed support and plans to set it for House debate Monday, although it was also set for debate last week and isn't yet on a debate schedule. He won't provide details of the changes.

"That's part of negotiating, I don't do it in the press," Allen said Thursday before taking a swipe at Carter. "Oh, I'm sorry. I don't do it in the press -- my seatmate does."

"I have taken part of the stakeholders group which she would not meet with and have crafted I think a much more workable solution," Allen said. "I have gotten the industry itself to say, `We're going to make it harder to sell these products in Arizona.'"

Carter said she's heard a big change is coming that would strip out the move from 18 to 21 to buy tobacco products. That would leave the main provisions as the state pre-emption and regulating sales of vaping products, but not classifying them as tobacco products. She says that would allow new vaping products to avoid regulation.

"This is exactly what Big Tobacco does," Carter said. "They want the next generation of products not to be labeled tobacco."

The industry has pushed laws similar to Allen's in several states.

He said pre-empting local regulation makes sense because tobacco and vaping is an issue of statewide concern. He said he specifically exempts local zoning rules from that provision in a planned amendment, allowing cities to expand no-sell areas near schools farther than the current 300-foot (91-meter) state standard. He said retailers, not the tobacco and vaping industry, are leading the push.

"Tobacco is certainly at the table. But it's mostly the ma and pa stores that want to see this change," Allen said. "They don't want to be at the whims of a City Council."

Allen's proposal is backed by vaping industry leader Juul and cigarette-maker Altria, as well as by a group of vaping store owners in Arizona called the Arizona Smoke Free Business Alliance.

A Juul spokesman said the company has led the industry in pushing for a minimum age of 21 for tobacco and vaping products.