Bill Text: NY A00022 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the sale of entertainment vapor products, or any vapor product that has bluetooth, wireless internet, or other internet connectivity, or the ability to play virtual games, play music, or display photos or other animations on the device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-08 - referred to health [A00022 Detail]

Download: New_York-2025-A00022-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           22

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  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 entertainment vapor products

          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-ll-1 to read as follows:
     3    §  1399-ll-1.  Sale of entertainment vapor products prohibited. 1. For
     4  the purposes of this section, "entertainment vapor product"  shall  mean
     5  any  vapor product that has bluetooth, wireless internet or other inter-
     6  net connectivity, or provides interactive features designed  to  enhance
     7  user  experience, including but not limited to the ability for a user to
     8  play music, display photos or video, play virtual games or display other
     9  animations on the device.
    10    2. No vapor products dealer, or any  agent  or  employee  of  a  vapor
    11  products dealer, shall sell or offer for sale at retail in the state any
    12  entertainment  vapor  product intended or reasonably expected to be used
    13  with or for the consumption of nicotine.
    14    3. Any vapor products dealer, or any agent  or  employee  of  a  vapor
    15  products  dealer,  who  violates the provisions of this section shall be
    16  subject to a civil penalty of not more than one hundred dollars for each
    17  individual package of entertainment vapor product intended or reasonably
    18  expected to be used with or for the  consumption  of  nicotine  sold  or
    19  offered  for sale, provided, however, that with respect to a manufactur-
    20  er, it shall be an affirmative defense to a finding of violation  pursu-
    21  ant  to  this  section  that  such sale or offer of sale, as applicable,
    22  occurred without the knowledge, consent, authorization, or  involvement,
    23  direct  or  indirect,  of  such manufacturer. Violations of this section
    24  shall be enforced pursuant to section thirteen hundred ninety-nine-ff of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00005-01-5
        A. 22                               2

     1  this article, except that any  person  may  submit  a  complaint  to  an
     2  enforcement officer that a violation of this section has occurred.
     3    4.  The  provisions  of  this  section  shall  not  apply to any vapor
     4  products dealer, or any agent or employee of a  vapor  products  dealer,
     5  who  sells  or  offers  for  sale, or who possess with intent to sell or
     6  offer for sale, any entertainment vapor product intended  or  reasonably
     7  expected  to  be  used  with or for the consumption of nicotine that the
     8  U.S. food and drug administration has authorized to  legally  market  as
     9  defined  under 21 U.S.C. § 387j and that has received a premarket review
    10  approval order under 21 U.S.C. § 387j(c) et seq.
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law.