|SAME AS||No Same As|
|Add §391-u, Gen Bus L|
|Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge; defines "electronic liquid" as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.|
|01/05/2017||referred to health|
|01/03/2018||referred to health|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A325 SPONSOR: Rosenthal
TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the provision of any quantity of an electronic liquid   PURPOSE: This bill prohibits the sale of e-liquids within the State of New York.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new section 391-t. Section two sets forth the effective date.   JUSTIFICATION: E-cigarettes have been a point of controversy since their presence in the New York market. E-cigarettes are battery powered devices that allow an individual to inhale nicotine while emitting only vapor. The health effects associated with inhaling the vapor of e-cigarettes are unknown, however the liquid used to produce the vapor in some e-cigarettes has been found to be harmful and even deadly to individuals. The liquid in e-cigarettes has been called "electronic liquids" or "e-liquids", and is often sold in bottles to be used as a refill solution for electronic cigarettes and cartridges. E-liquids are a form of liquid nicotine laced with other chemicals and often flavored. Many e-liquids are made on factory floors or in the back rooms of shops and, similar to e-cigar- ettes, are not regulated by the federal government. E-liquids have been found to be harmful to humans if ingested or simply upon contact with an individual's skin. Between 2012 and 2013, calls to poison control centers involving e-liquids have increased by 300 percent, with 1,351 calls in 2013. According to the Syracuse Post Stand- ard, as of March 2014, 651 calls have been made to poison control centers regarding e-liquids, with over half of these calls involving children under 6 years old. It has also been reported that a teaspoon of highly diluted e-liquids can seriously harm or kill a small child. According to the New York Times, an individual died after injecting e-liquids, and another individual in Kentucky was admitted to the hospi- tal with cardiac problems after her e-cigarette broke and the e-liquid was absorbed through her skin. This bill bans the sale of e-liquids sold to refill e-cigarettes and cartridges in New York State. E-liquids are more dangerous than tobacco because nicotine in liquid form can be absorbed more quickly even when diluted. Therefore, forms of liquid nicotine need to be reviewed and scrutinized more than other tobacco and nicotine products. This legis- lation brings an awareness of the extreme dangers of these products by banning them from store shelves with the goal of saving people's lives.   LEGISLATIVE HISTORY: 2015-16: A.635 - Referred to Health 2013-14: A.9309-B - Referred to Health; S.6939-B - Passed Senate   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the ninetieth day after it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 325 2017-2018 Regular Sessions IN ASSEMBLY January 5, 2017 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health AN ACT to amend the general business law, in relation to prohibiting the provision of any quantity of an electronic liquid The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new 2 section 391-u to read as follows: 3 § 391-u. Electronic liquids or e-liquids; prohibition. 1. No person, 4 firm, corporation, partnership, association, limited liability company 5 or other entity shall sell, offer to sell or give away, for either 6 retail, wholesale or promotional purposes, an electronic liquid or e-li- 7 quid used to refill an electronic cigarette or cartridge. Provided, 8 however, that the commissioner of health may exempt a registered 9 in-state manufacturer of e-liquids from the provision of this section. 10 2. Any person, firm, corporation, partnership, association, limited 11 liability company or other entity that violates the provisions of subdi- 12 vision one of this section shall be subject to a civil penalty of not 13 more than five hundred dollars for each separate violation of such 14 subdivision, to be recovered by any enforcement authority designated by 15 a municipality or political subdivision in which such violation 16 occurred. 17 3. For the purposes of this section, "liquid nicotine", "electronic 18 liquid" or "e-liquid" means a liquid composed of nicotine and other 19 chemicals, and which is sold as a product that may be used in an elec- 20 tronic cigarette, as defined by subdivision thirteen of section thirteen 21 hundred ninety-nine-aa of the public health law. 22 4. The provisions of this section shall not apply to any liquid nico- 23 tine, electronic liquid or e-liquid that is contained in a prefilled, 24 sealed cartridge that is sold, marketed or intended for use in an elec- 25 tronic cigarette, as defined by subdivision thirteen of section thirteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01718-01-7A. 325 2 1 hundred ninety-nine-aa of the public health law, provided that such 2 cartridge is prefilled and sealed by the manufacturer, and not intended 3 to be opened by the consumer. 4 § 2. This act shall take effect on the ninetieth day after it shall 5 have become a law.
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