Bill Text: NY A08663 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that each electronic cigarette or vapor product manufacturer or importer, or agents thereof, shall submit to the department of health: a listing of all ingredients, including substances, compounds, and additives that are, as of such date, added by the manufacturer to a vapor product; a description of the content, delivery, and form of nicotine in each vapor product measured in milligrams of nicotine in accordance with regulations promulgated by the department; and a listing of all constituents, including smoke constituents as applicable, identified by the department as harmful or potentially harmful to health in each vapor product by brand and by quantity in each brand and sub brand; defines "vapor product"; requires a list of ingredients of such electronic cigarette or vapor product be on the packaging of such products; makes related provisions.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A08663 Detail]

Download: New_York-2019-A08663-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8663

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    October 23, 2019
                                       ___________

        Introduced  by  M.  of A. WALLACE, JAFFEE, JACOBSON, ZEBROWSKI, GRIFFIN,
          SAYEGH, ABINANTI, SEAWRIGHT, MAGNARELLI, BURKE, GOTTFRIED -- read once
          and referred to the Committee on Health

        AN ACT to amend the public health law, in relation  to  the  disclosure,
          testing and reporting of vapor products and to amend the public health
          law and the general business law, in relation to the labeling of elec-
          tronic cigarette and vapor products packaging

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1399-aa of the public  health  law  is  amended  by
     2  adding a new subdivision 14 to read as follows:
     3    14.  "Vapor  product" means any non-combustible liquid or gel, regard-
     4  less of the presence of nicotine therein, that is  manufactured  into  a
     5  finished  product  for use in an electronic cigarette, electronic cigar,
     6  electronic cigarillo, electronic pipe, vaping pen, hookah pen, or  other
     7  similar device.
     8    §  2.  The  public  health  law  is  amended  by  adding a new section
     9  1399-mm-1 to read as follows:
    10    § 1399-mm-1. Disclosure, testing and reporting;  electronic  cigarette
    11  and  vapor  product. 1. On and after the effective date of this section,
    12  each electronic cigarette or vapor product manufacturer or importer,  or
    13  agents  thereof,  shall  submit to the department the following informa-
    14  tion:
    15    (a) a listing of all ingredients, including substances, compounds, and
    16  additives that are, as of such date, added  by  the  manufacturer  to  a
    17  vapor product;
    18    (b)  a  description  of the content, delivery, and form of nicotine in
    19  each vapor product measured in milligrams of nicotine in accordance with
    20  regulations promulgated by the department; and
    21    (c) a listing of all constituents,  including  smoke  constituents  as
    22  applicable, identified by the department as harmful or potentially harm-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13862-05-9
        A. 8663                             2

     1  ful  to  health  in  each vapor product by brand and by quantity in each
     2  brand and sub-brand. The manufacturer, importer, or agent  shall  comply
     3  with regulations promulgated under this section, where applicable.
     4    2.  The  department  shall have the authority to conduct or to require
     5  the testing, reporting, or disclosure  of  vapor  product  constituents,
     6  including smoke constituents.
     7    §  3.  Subdivision  7  of section 1399-cc of the public health law, as
     8  amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
     9  follows:
    10    7.  No  person operating a place of business wherein tobacco products,
    11  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes  are
    12  sold  or  offered for sale shall sell, permit to be sold, offer for sale
    13  or display for sale any tobacco product, herbal cigarettes, liquid nico-
    14  tine, shisha  or  electronic  cigarettes  in  any  manner,  unless  such
    15  products  and  cigarettes are stored for sale (a) behind a counter in an
    16  area accessible only to the personnel of such  business,  or  (b)  in  a
    17  locked container; provided, however, such restriction shall not apply to
    18  tobacco  businesses, as defined in subdivision eight of section thirteen
    19  hundred ninety-nine-aa of this article, and to places to which admission
    20  is restricted to persons twenty-one years of age or  older.    Provided,
    21  further,  that, in the case of electronic cigarettes and vapor products,
    22  the packages thereof shall comply with the provisions of  section  three
    23  hundred ninety-eight-g of the general business law.
    24    § 4. The general business law is amended by adding a new section 398-g
    25  to read as follows:
    26    §  398-g.  Electronic cigarette and vapor product package labeling. 1.
    27  Every package containing an electronic cigarette, as defined in subdivi-
    28  sion thirteen of section thirteen hundred ninety-nine-aa of  the  public
    29  health  law,  or  a vapor product, as defined in subdivision fourteen of
    30  section thirteen hundred ninety-nine-aa of the public health law,  sold,
    31  offered  for  sale  or  otherwise distributed without charge within this
    32  state, shall have printed thereon or attached thereto a list of ingredi-
    33  ents, including but not limited to, the  nicotine  level  by  volume  of
    34  product.
    35    2.  Any  person,  firm,  corporation  or  association who violates the
    36  provisions of this section shall be subject to a civil  penalty  of  not
    37  more than one thousand dollars for each such violation.
    38    § 5. The department of health shall promulgate any necessary rules and
    39  regulations,  including,  but  not limited to, requiring the testing and
    40  reporting of vapor product  constituents,  ingredients,  and  additives,
    41  including vapor constituents, by brand and sub-brand that the department
    42  determines should be tested to protect the public health.
    43    § 6. This act shall take effect on the one hundred twentieth day after
    44  it  shall  have  become  a law; provided however, that the amendments to
    45  subdivision 7 of section 1399-cc  of  the  public  health  law  made  by
    46  section  three of this act shall take effect on the same date and in the
    47  same manner as chapter 100 of the laws of 2019, takes effect.  Effective
    48  immediately,  the addition, amendment and/or repeal of any rule or regu-
    49  lation necessary for the implementation of this  act  on  its  effective
    50  date are authorized to be made and completed on or before such effective
    51  date.