A08688 Summary:

SPONSORRosenthal L
COSPNSRPaulin, Pellegrino, Galef, Seawright, Buchwald, Montesano
Add §1399-mm-1, Pub Health L
Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.
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A08688 Actions:

09/25/2017referred to health
01/03/2018referred to health
06/05/2018reported referred to codes
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A08688 Committee Votes:

HEALTH Chair:Gottfried DATE:06/05/2018AYE/NAY:14/12 Action: Favorable refer to committee Codes

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A08688 Floor Votes:

There are no votes for this bill in this legislative session.
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A08688 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the public health law, in relation to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes   PURPOSE: This bill prohibits the sale and distribution of flavored "e-liquids" for use in electronic cigarettes and electronic cigarettes containing such flavoring.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law by adding a new section 1399-mm-1. Section two sets forth the effective date.   JUSTIFICATION: While conventional cigarette use has declined, electronic cigarette use is on the rise; especially among adolescents and young adults. Accord- ing to a 2016 report by the U.S. Surgeon General, young adult users of e-cigarettes (ages 18 through 24) are much more likely to use flavored e-cigarettes than are users over the age of 25. The Surgeon General also reported that the majority of youth who have tried e-cigarettes first used a flavored product. In these surveys, youth noted flavoring as being one of their biggest draws to try electronic cigarettes, in addi- tion to curiosity and a perceived lower risk than using traditional tobacco products. Electronic cigarette companies use colorful packaging and enticing flavors to lure young people when they are at the most common age to begin smoking. According to a 2014 report from the Surgeon General, nine out of ten smokers began before the age of 18, and studies show the likelihood of their starting to smoke decreases as they enter their twenties. Tobacco companies have long been using creative tactics to draw in adolescents and young adults to begin smoking and are now using flavoring to entice young people to begin using e-cigarettes. This bill would eliminate the temptation for young people in New York State to try flavored electronic cigarettes and in turn reduce the number of people who become regular users of tobacco products.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect immediately.
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A08688 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                   September 25, 2017
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
     3    § 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a)  "flavored  e-liquid" shall mean a liquid composed of nicotine and
     6  other chemicals, and which is sold as a product that may be used  in  an
     7  electronic  cigarette which contains a natural or artificial constituent
     8  or additive that causes such e-liquid or its smoke to have a  character-
     9  izing flavor.
    10    (b)  "characterizing  flavor"  shall  mean  a distinguishable taste or
    11  aroma, including but not  limited  to  any  fruit,  chocolate,  vanilla,
    12  honey,  candy, cocoa, dessert, alcoholic beverage, herb or spice flavor-
    13  ing, but shall not include tobacco or menthol.
    14    2. No person shall sell, offer for sale or distribute  in  this  state
    15  any  flavored  e-liquid  or e-cigarette containing flavored e-liquid. No
    16  other provision of law authorizing the sale of  tobacco  products  shall
    17  authorize the sale of flavored e-liquid.
    18    3. Any person other than a manufacturer who violates the provisions of
    19  this  section  shall  be  subject to a fine of not more than one hundred
    20  dollars for each individual package of flavored e-liquid product sold or
    21  offered for sale. A manufacturer may be subject to a civil  penalty  not
    22  to  exceed  fifty  thousand  dollars  for  each  brand  or style of such
    23  manufacturer's tobacco products that is  found  to  have  been  sold  or
    24  offered  for sale in violation of this section on more than one occasion
    25  during any thirty day period, provided, however, that with respect to  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8688                             2
     1  manufacturer,  it  shall  be  an  affirmative  defense  to  a finding of
     2  violation pursuant to this section that such sale or offer of  sale,  as
     3  applicable,  occurred  without the knowledge, consent, authorization and
     4  involvement,  direct  or  indirect,  of such manufacturer. Violations of
     5  this section shall be enforced  pursuant  to  section  thirteen  hundred
     6  ninety-nine-ff  of  this  article,  except  that any person may submit a
     7  complaint to an enforcement officer that a violation of this section has
     8  occurred.
     9    § 2. This act shall take effect immediately.
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A08688 LFIN:

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A08688 Chamber Video/Transcript:

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