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: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S00428 Detail]

Download: New_York-2019-S00428-Amended.html

                STATE OF NEW YORK
            Cal. No. 189
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
        Introduced  by Sens. HOYLMAN, FUNKE, GOUNARDES -- 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
        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 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, menthol, alcoholic beverage, herb or spice
    13  flavoring, but shall not include 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.
    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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 428--A                           2
     1  to exceed fifty thousand  dollars  for  each  brand  or  style  of  such
     2  manufacturer's  tobacco  products  that  is  found  to have been sold or
     3  offered for sale in violation of this section on more than one  occasion
     4  during  any thirty day period, provided, however, that with respect to a
     5  manufacturer, it shall  be  an  affirmative  defense  to  a  finding  of
     6  violation  pursuant  to this section that such sale or offer of sale, as
     7  applicable, occurred without the knowledge, consent,  authorization  and
     8  involvement,  direct  or  indirect,  of such manufacturer. Violations of
     9  this section shall be enforced  pursuant  to  section  thirteen  hundred
    10  ninety-nine-ff  of  this  article,  except  that any person may submit a
    11  complaint to an enforcement officer that a violation of this section has
    12  occurred.
    13    § 2. This act shall take effect immediately.