Bill Text: NY S00516 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S00516 Detail]

Download: New_York-2023-S00516-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           516

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the general business law, in relation to prohibiting the
          provision of any quantity of an electronic liquid

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

     1    Section  1.    The  general  business  law  is amended by adding a new
     2  section 391-w to read as follows:
     3    § 391-w. Electronic liquids or e-liquids; prohibition. 1.  No  person,
     4  firm,  corporation,  partnership, association, limited liability company
     5  or other entity shall sell, offer to  sell  or  give  away,  for  either
     6  retail, wholesale or promotional purposes, an electronic liquid or e-li-
     7  quid  used  to  refill  an electronic cigarette or cartridge.  Provided,
     8  however, that  the  commissioner  of  health  may  exempt  a  registered
     9  in-state manufacturer of e-liquids from the provision of this section.
    10    2.  Any  person,  firm, corporation, partnership, association, limited
    11  liability company or other entity that violates the provisions of subdi-
    12  vision one of this section shall be subject to a civil  penalty  of  not
    13  more  than  five  hundred  dollars  for  each separate violation of such
    14  subdivision, to be recovered by any enforcement authority designated  by
    15  a   municipality  or  political  subdivision  in  which  such  violation
    16  occurred.
    17    3. For the purposes of this section,  "liquid  nicotine",  "electronic
    18  liquid"  or  "e-liquid"  means  a  liquid composed of nicotine and other
    19  chemicals, and which is sold as a product that may be used in  an  elec-
    20  tronic cigarette, as defined by subdivision thirteen of section thirteen
    21  hundred ninety-nine-aa of the public health law.
    22    4.  The provisions of this section shall not apply to any liquid nico-
    23  tine, electronic liquid or e-liquid that is contained  in  a  prefilled,
    24  sealed  cartridge that is sold, marketed or intended for use in an elec-
    25  tronic cigarette, as defined by subdivision thirteen of section thirteen

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01850-01-3
        S. 516                              2

     1  hundred ninety-nine-aa of the public  health  law,  provided  that  such
     2  cartridge  is prefilled and sealed by the manufacturer, and not intended
     3  to be opened by the consumer.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.