STATE OF NEW YORK
2017-2018 Regular Sessions
April 19, 2017
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the general business law, in
relation to the labeling of electronic cigarette packaging
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 1399-cc of the public health law,
2 as amended by chapter 542 of the laws of 2014, is amended to read as
4 7. No person operating a place of business wherein tobacco products,
5 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are
6 sold or offered for sale shall sell, permit to be sold, offer for sale
7 or display for sale any tobacco product, herbal cigarettes, liquid nico-
8 tine, shisha or electronic cigarettes in any manner, unless such
9 products and cigarettes are stored for sale (a) behind a counter in an
10 area accessible only to the personnel of such business, or (b) in a
11 locked container; provided, however, such restriction shall not apply to
12 tobacco businesses, as defined in subdivision eight of section thirteen
13 hundred ninety-nine-aa of this article, and to places to which admission
14 is restricted to persons eighteen years of age or older. Provided,
15 further, that, in the case of electronic cigarettes, the packages there-
16 of shall comply with the provisions of section three hundred ninety-
17 eight-f of the general business law.
18 § 2. The general business law is amended by adding a new section 398-f
19 to read as follows:
20 § 398-f. Electronic cigarette package labeling. 1. Every package
21 containing an electronic cigarette, as defined in subdivision thirteen
22 of section thirteen hundred ninety-nine-aa of the public health law,
23 sold, offered for sale or otherwise distributed without charge within
24 this state, shall have printed thereon or attached thereto a warning
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 5590 2
1 label. Such label shall contain the following statement: "WARNING:
2 Explosion Hazard: this product may overheat, catch fire or explode."
3 2. Any person, firm, corporation or association who violates the
4 provisions of this section shall be subject to a civil penalty of not
5 more than one thousand dollars for each such violation.
6 § 3. This act shall take effect on the one hundred twentieth day after
7 it shall have become a law.