Bill Text: NY S00428 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2020-01-14 - REPORTED AND COMMITTED TO RULES [S00428 Detail]
Download: New_York-2019-S00428-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 428--B 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. HOYLMAN, CARLUCCI, COMRIE, FUNKE, GOUNARDES, JACK- SON, KAPLAN, KRUEGER, LIU, METZGER, MONTGOMERY, PARKER, SALAZAR, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to prohibiting the sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows: 3 § 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes 4 of this section, the following terms shall have the following meanings: 5 (a) "flavored e-liquid" shall mean a liquid composed of nicotine 6 and/or chemicals, and which is sold as a product that may be used in an 7 electronic cigarette which contains a natural or artificial constituent 8 or additive that causes such e-liquid or any aerosol, emission, or vapor 9 of such e-liquid to have a characterizing flavor. 10 (b) "characterizing flavor" shall mean a distinguishable taste or 11 aroma, including but not limited to any fruit, chocolate, vanilla, 12 honey, candy, cocoa, dessert, menthol, alcoholic beverage, herb or spice 13 flavoring, but shall not include the taste or aroma of tobacco. 14 2. No person shall sell, offer for sale or distribute in this state 15 any flavored e-liquid or e-cigarette containing flavored e-liquid. No 16 other provision of law authorizing the sale of tobacco products shall 17 authorize the sale of flavored e-liquid. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01842-06-9S. 428--B 2 1 3. Any person who violates the provisions of this section shall be 2 subject to a civil fine of not more than five hundred dollars. 3 Violations of this section shall be enforced pursuant to section thir- 4 teen hundred ninety-nine-ff of this article, except that any person may 5 submit a complaint to an enforcement officer that a violation of this 6 section has occurred. 7 § 2. This act shall take effect on the ninetieth day after it shall 8 have become a law.
