Bill Text: NY A08630 | 2019-2020 | General Assembly | Amended


Bill Title: Provides that every package containing an electronic cigarette and the electronic cigarette itself, as defined in subdivision thirteen of section thirteen hundred ninety-nine-aa of the public health law, sold, offered for sale or otherwise distributed without charge within this state, shall be designed by the department of health and such package containing an electronic cigarette and the electronic cigarette itself shall include printed thereon or attached thereto a health warning and disclaimer label designed by the department of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A08630 Detail]

Download: New_York-2019-A08630-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8630--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- 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 and the general business law, in
          relation to the labeling of electronic cigarette products and  packag-
          ing

          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  100 of the laws of 2019, is amended to read as
     3  follows:
     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 twenty-one years of age or older.  Provided,
    15  further, that, in the case of electronic cigarettes, the product and the
    16  packages thereof shall comply  with  the  provisions  of  section  three
    17  hundred ninety-eight-g of the general business law.
    18    § 2. The general business law is amended by adding a new section 398-g
    19  to read as follows:
    20    §  398-g. Electronic cigarette product and package labeling. 1.  Every
    21  package containing an electronic cigarette and the electronic  cigarette
    22  itself,  as  defined in subdivision thirteen of section thirteen hundred
    23  ninety-nine-aa of the public health  law,  sold,  offered  for  sale  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13843-03-9

        A. 8630--A                          2

     1  otherwise  distributed  without  charge  within  this  state,  shall  be
     2  designed by the department of health  and  such  package  containing  an
     3  electronic  cigarette  and the electronic cigarette itself shall include
     4  printed  thereon  or  attached  thereto  a health warning and disclaimer
     5  label designed by the department of health.
     6    2. Any person, firm,  corporation  or  association  who  violates  the
     7  provisions  of  this  section shall be subject to a civil penalty of not
     8  more than one thousand dollars for each such violation.
     9    § 3. The department of health shall design and standardize  all  elec-
    10  tronic  cigarette designs, including, but not limited to, the electronic
    11  cigarette itself, the electronic cigarette packaging, a prominent health
    12  warning and disclaimer on the actual product and the packaging  of  such
    13  product.
    14    § 4. This act shall take effect on the one hundred twentieth day after
    15  it  shall have become a law; provided that the amendments to subdivision
    16  7 of section 1399-cc of the public health law made  by  section  one  of
    17  this  act  shall  be deemed to have been in full force and effect on the
    18  same date and in the same manner as chapter 100 of  the  laws  of  2019,
    19  took  effect.    Effective  immediately,  the addition, amendment and/or
    20  repeal of any rule or regulation necessary  for  the  implementation  of
    21  this  act  on its effective date are authorized to be made and completed
    22  on or before such effective date.
feedback