Bill Text: NY S05106 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the sale of electronic cigarettes that contain certain toxic metals; requires the department of health to establish a list of prohibited toxic metals; requires the department of health to study the long term health effects of using electronic cigarettes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S05106 Detail]

Download: New_York-2021-S05106-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5106

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

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

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale  of  electronic  cigarettes that contain certain toxic metals and
          requiring the department of health  to  study  the  long  term  health
          effects of using 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-gg-1 to read as follows:
     3    §  1399-gg-1.  Prohibition  on  the sale of electronic cigarettes that
     4  contain toxic metals.   1. The department  shall  establish  a  list  of
     5  toxins  which  persons engaged in the business of manufacturing, selling
     6  or otherwise distributing electronic cigarettes or any agent or employee
     7  of such person shall be prohibited from using in the manufacture of such
     8  electronic cigarettes. Such list shall include, but not be  limited  to,
     9  lead,  manganese,  nickel,  chromium,  zinc and other toxic metals. Such
    10  list shall be regularly updated and shall be published  on  the  depart-
    11  ment's website.
    12    2.  No  person  engaged  in  the business of manufacturing, selling or
    13  otherwise distributing electronic cigarettes or any agent or employee of
    14  such person shall manufacture, sell, or otherwise distribute  electronic
    15  cigarettes  that contain a toxin included on the list established by the
    16  department pursuant to subdivision one of this section, including in the
    17  heating element or any other internal  part  of  such  electronic  ciga-
    18  rettes.
    19    §  2.  The  department  of health shall promulgate any rules and regu-
    20  lations, including, but not limited to establishing  a  list  of  toxins
    21  that  are  prohibited  in  the  manufacture  of electronic cigarettes as
    22  required by section thirteen  hundred  ninety-nine-gg-1  of  the  public
    23  health law, as added by section one of this act.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00369-01-1
        S. 5106                             2

     1    §  3. Subdivision 1 of section 206 of the public health law is amended
     2  by adding a new paragraph (w) to read as follows:
     3    (w)  direct  the  department  to study the long term health effects on
     4  users of electronic cigarettes. Such study shall  include  data  on  the
     5  long  term health effects of inhaling heated aerosols contained in elec-
     6  tronic cigarettes.
     7    § 4. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law. Effective immediately, the addition,  amend-
     9  ment and/or repeal of any rule or regulation necessary for the implemen-
    10  tation  of this act shall be made and completed on or before such effec-
    11  tive date.