|SAME AS||No Same As|
|COSPNSR||Paulin, Galef, Seawright, Buchwald, Jacobson, Fahy, Jaffee, D'Urso, Smullen, Miller ML, Gottfried, Taylor, Colton, Griffin, Dinowitz, Arroyo, Lawrence, Vanel, Rosenthal D, Perry, Steck, Glick, Magnarelli, Simon, Thiele, Buttenschon, LiPetri, Mosley, Reyes, Lifton, Niou, Weprin, Simotas, Epstein, Otis, Cruz, Crespo, Bichotte, Ortiz|
|MLTSPNSR||DeStefano, Englebright, Walsh|
|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.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 47--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD, JACOBSON, FAHY, JAFFEE, D'URSO, SMULLEN, M. L. MILLER, GOTTFRIED, TAYLOR, RODRIGUEZ, COLTON, GRIFFIN, DINOWITZ, ARROYO -- Multi-Spon- sored by -- M. of A. DeSTEFANO, WALSH -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 6 and/or 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, menthol, alcoholic beverage, herb or spice 13 flavoring, but shall not include tobacco. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01842-04-9A. 47--A 2 1 offered for sale. A manufacturer may be subject to a civil penalty not 2 to exceed fifty thousand dollars for each brand or style of such 3 manufacturer's tobacco products that is found to have been sold or 4 offered for sale in violation of this section on more than one occasion 5 during any thirty day period, provided, however, that with respect to a 6 manufacturer, it shall be an affirmative defense to a finding of 7 violation pursuant to this section that such sale or offer of sale, as 8 applicable, occurred without the knowledge, consent, authorization and 9 involvement, direct or indirect, of such manufacturer. Violations of 10 this section shall be enforced pursuant to section thirteen hundred 11 ninety-nine-ff of this article, except that any person may submit a 12 complaint to an enforcement officer that a violation of this section has 13 occurred. 14 § 2. This act shall take effect immediately.