Bill Text: NY A00047 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

Spectrum: Moderate Partisan Bill (Democrat 16-4)

Status: (Introduced) 2019-02-28 - reported referred to codes [A00047 Detail]

Download: New_York-2019-A00047-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2019
          MONTESANO -- read once and referred to the Committee on Health
        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  and
     6  other  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 its smoke to have a character-
     9  izing 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, alcoholic beverage, herb or spice  flavor-
    13  ing, but shall not include tobacco or menthol.
    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.
    18    3. Any person other than a manufacturer who violates the provisions of
    19  this section shall be subject to a fine of not  more  than  one  hundred
    20  dollars for each individual package of flavored e-liquid product sold or
    21  offered  for  sale. A manufacturer may be subject to a civil penalty not
    22  to exceed fifty thousand  dollars  for  each  brand  or  style  of  such
    23  manufacturer's  tobacco  products  that  is  found  to have been sold or
    24  offered for sale in violation of this section on more than one  occasion
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 47                               2
     1  during  any thirty day period, provided, however, that with respect to a
     2  manufacturer, it shall  be  an  affirmative  defense  to  a  finding  of
     3  violation  pursuant  to this section that such sale or offer of sale, as
     4  applicable,  occurred  without the knowledge, consent, authorization and
     5  involvement, direct or indirect, of  such  manufacturer.  Violations  of
     6  this  section  shall  be  enforced  pursuant to section thirteen hundred
     7  ninety-nine-ff of this article, except that  any  person  may  submit  a
     8  complaint to an enforcement officer that a violation of this section has
     9  occurred.
    10    § 2. This act shall take effect immediately.