Bill Text: NY S07771 | 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 [S07771 Detail]

Download: New_York-2023-S07771-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7771

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 27, 2023
                                       ___________

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

        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