Bill Text: NY A00083 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval; imposes penalties of not less than ten thousand dollars for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A00083 Detail]

Download: New_York-2023-A00083-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           83

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale or distribution of electronic cigarettes without federal food and
          drug administration premarket order of approval

          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-cc-1 to read as follows:
     3    §  1399-cc-1.  Sale  or  distribution of electronic cigarettes lacking
     4  federal food and drug administration premarket order of approval prohib-
     5  ited. 1. The sale or distribution by an establishment of  an  electronic
     6  cigarette is prohibited where the electronic cigarette:
     7    (a) is a new tobacco product;
     8    (b)  requires  premarket  review  under  21  U.S.C.  § 387j, as may be
     9  amended from time to time; and
    10    (c) does  not  have  a  premarket  review  order  under  21  U.S.C.  §
    11  387j(c)(1)(A)(i), as may be amended from time to time.
    12   2.  Any  person,  firm,  corporation, partnership, association, limited
    13  liability company, or other entity that violates the provisions of  this
    14  section  shall  be subject to a civil penalty of not less than ten thou-
    15  sand dollars per violation, recoverable in an  action  by  the  attorney
    16  general  or  by any enforcement authority designated by any municipality
    17  or political subdivision.
    18    § 2. This act shall take effect on the one hundred twentieth day after
    19  it shall have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00676-01-3