•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00188 Summary:

BILL NOA00188
 
SAME ASSAME AS S02133
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Add §1399-gg-1, amd §206, Pub Health L
 
Prohibits the sale of electronic cigarettes that contain certain toxic metals; requires the department of health to establish a list of prohibited toxic metals; requires the department of health to study the long term health effects of using electronic cigarettes.
Go to top    

A00188 Actions:

BILL NOA00188
 
01/04/2023referred to health
01/03/2024referred to health
Go to top

A00188 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A188
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the public health law, in relation to prohibiting the sale of electronic cigarettes that contain certain toxic metals and requiring the department of health to study the long term health effects of using electronic cigarettes   PURPOSE: Prohibits the sale of electronic cigarettes that contain certain toxic metals as determined by DOH and requires DOH to study the long-term health effects of using electronic cigarettes.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires the Department of Health to establish a list of toxins that are prohibited from being used in the manufacturing of elec- tronic cigarettes. Sales of electronic cigarettes that contain any of those designated metals, including lead, manganese, nickel, chromium, zinc or other toxic metals, including in the heating element are prohib- ited. Section 2 authorizes the Department of Health to promulgate rules and regulations establishing the list of prohibited toxic chemicals. Section 3 requires the Department of Health to conduct a study on the long-term health effects of using electronic cigarettes on user.   JUSTIFICATION: In 2019, hundreds of injuries, and several deaths, were attributed to the use of electronic cigarettes and other vaping products in New York State. E-cigarettes have only been in wide use for the past decade or so, and there are still several unknowns about their safety. While several studies have shown that the liquids used in e-cigarettes may contain toxic chemicals, there has been less research into the potential dangers of the hardware of electronic cigarettes. A 2018 study from the Johns Hopkins Bloomberg. School of Public Health found that a significant number of electronic cigarettes tested gener- ated vapors/aerosols that contained unsafe levels of chromium, manga- nese, nickel and lead. The authors of the study concluded that the heat- ing coils used to vaporize e-liquids in electronic cigarettes may be leaking these toxic chemicals. Exposure to these toxic metals This legislation will prohibit e-cigarette manufacturers from using toxic metals, including lead, manganese, nickel, chromium, zinc or other toxic metals in they products and will also require the Department of Health to study the long term effects of electronic cigarette use on human health.   LEGISLATIVE HISTORY: 2021-22: A.637 - Referred to Health; S.5106 - Referred to Health 2019-20: A.9553 - Referred to Health; S.7050 - Reported to Rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: The act is effectively 180 days after it has been signed.
Go to top

A00188 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           188
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale  of  electronic  cigarettes that contain certain toxic metals and
          requiring the department of health  to  study  the  long  term  health
          effects of using electronic cigarettes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  1399-gg-1 to read as follows:
     3    §  1399-gg-1.  Prohibition  on  the sale of electronic cigarettes that
     4  contain toxic metals.   1. The department  shall  establish  a  list  of
     5  toxins  which  persons engaged in the business of manufacturing, selling
     6  or otherwise distributing electronic cigarettes or any agent or employee
     7  of such person shall be prohibited from using in the manufacture of such
     8  electronic cigarettes. Such list shall include, but not be  limited  to,
     9  lead,  manganese,  nickel,  chromium,  zinc and other toxic metals. Such
    10  list shall be regularly updated and shall be published  on  the  depart-
    11  ment's website.
    12    2.  No  person  engaged  in  the business of manufacturing, selling or
    13  otherwise distributing electronic cigarettes or any agent or employee of
    14  such person shall manufacture, sell, or otherwise distribute  electronic
    15  cigarettes  that contain a toxin included on the list established by the
    16  department pursuant to subdivision one of this section, including in the
    17  heating element or any other internal  part  of  such  electronic  ciga-
    18  rettes.
    19    §  2.  The  department  of health shall promulgate any rules and regu-
    20  lations, including, but not limited to establishing  a  list  of  toxins
    21  that  are  prohibited  in  the  manufacture  of electronic cigarettes as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00669-01-3

        A. 188                              2
 
     1  required by section thirteen  hundred  ninety-nine-gg-1  of  the  public
     2  health law, as added by section one of this act.
     3    §  3.  Paragraph  (v)  of  subdivision  1 of section 206 of the public
     4  health law, as added by chapter 100 of the laws of 2016,  is  relettered
     5  paragraph (w) and a new paragraph (x) is added to read as follows:
     6    (x)  direct  the  department  to study the long term health effects on
     7  users of electronic cigarettes. Such study shall  include  data  on  the
     8  long  term health effects of inhaling heated aerosols contained in elec-
     9  tronic cigarettes.
    10    § 4. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law. Effective immediately, the addition,  amend-
    12  ment and/or repeal of any rule or regulation necessary for the implemen-
    13  tation  of  this act on its effective date are authorized to be made and
    14  completed on or before such effective date.
Go to top