Bill Text: NY A00047 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

Spectrum: Moderate Partisan Bill (Democrat 24-5)

Status: (Introduced) 2019-04-26 - print number 47a [A00047 Detail]

Download: New_York-2019-A00047-Amended.html


                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.
                                                                   LBD01842-04-9

        A. 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.
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