The draft Control of Tobacco Products and Electronic Delivery Systems Bill 2018 was published on May 9 for public comment. The period for public comments expires in August. The bill ambitiously extends legislative control over tobacco products, as well as both electronic nicotine delivery systems and electronic non-nicotine delivery systems — the latter category commonly known as vaping products. At its heart, the bill intends to control and, in certain instances, ban smoking. The treatment of the term "smoke" by the bill is of interest. The bill, which will ultimately replace the existing tobacco control legislation of 1993, defines the term "smoke" as one of two activities: inhaling, exhaling or holding "or otherwise [having] control over an ignited tobacco product or a heated, but not ignited, tobacco product that produces an emission of any sort"; or inhaling, exhaling or holding "or otherwise [having] control over an electronic delivery system that produces an emission of any s...

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