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) 2020-01-14 - REPORTED AND COMMITTED TO RULES [S00428 Detail]

Download: New_York-2019-S00428-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE


                                     January 9, 2019

          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.

        S. 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.