Bill Text: NY A07884 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of disposable electronic cigarettes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A07884 Detail]

Download: New_York-2023-A07884-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7884

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      July 19, 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 of disposable electronic 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-dd-2 to read as follows:
     3    §  1399-dd-2.  Sale of disposable electronic cigarettes prohibited. 1.
     4  For the purposes of this section, "disposable electronic  cigarette"  or
     5  "disposable  e-cigarette" means any electronic cigarette or e-cigarette,
     6  as defined in subdivision thirteen of section thirteen  hundred  ninety-
     7  nine-aa of this article, that cannot be refilled with vapor products.
     8    2.  No person, firm, partnership, company, corporation or dealer shall
     9  sell or offer for sale at retail in the state any disposable  electronic
    10  cigarette product.
    11    3.  Any  person, firm, partnership, company, corporation or dealer, or
    12  any agent or employee of a person, firm,  partnership,  company,  corpo-
    13  ration  or  dealer, who violates the provisions of this section shall be
    14  subject to a civil penalty of not more than one hundred dollars for each
    15  individual package of disposable electronic cigarette  product  sold  or
    16  offered  for sale, provided, however, that with respect to a manufactur-
    17  er, it shall be an affirmative defense to a finding of violation  pursu-
    18  ant  to  this  section  that  such sale or offer of sale, as applicable,
    19  occurred without the knowledge, consent, authorization, or  involvement,
    20  direct  or  indirect,  of  such manufacturer. Violations of this section
    21  shall be enforced pursuant to section thirteen hundred ninety-nine-ff of
    22  this article, except that any  person  may  submit  a  complaint  to  an
    23  enforcement officer that a violation of this section has occurred.
    24    §  2.  This  act shall take effect on the thirtieth day after it shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11879-02-3