Bill Text: NY S00428 | 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: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2019-03-04 - ADVANCED TO THIRD READING [S00428 Detail]

Download: New_York-2019-S00428-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
        Introduced  by  Sen. HOYLMAN -- 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 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.

        S. 428                              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.