Bill Text: NY S00475 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 475 (Prior Session Legislation)

Introduced

Bill Title: Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00475 Detail]

Download: New_York-2019-S00475-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           475
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     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 and the general business  law,  in
          relation to the labeling of electronic cigarette packaging
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 7 of section 1399-cc of the public health  law,
     2  as  amended  by  chapter  542 of the laws of 2014, is amended to read as
     3  follows:
     4    7. No person operating a place of business wherein  tobacco  products,
     5  herbal  cigarettes, liquid nicotine, shisha or electronic cigarettes are
     6  sold or offered for sale shall sell, permit to be sold, offer  for  sale
     7  or display for sale any tobacco product, herbal cigarettes, liquid nico-
     8  tine,  shisha  or  electronic  cigarettes  in  any  manner,  unless such
     9  products and cigarettes are stored for sale (a) behind a counter  in  an
    10  area  accessible  only  to  the  personnel of such business, or (b) in a
    11  locked container; provided, however, such restriction shall not apply to
    12  tobacco businesses, as defined in subdivision eight of section  thirteen
    13  hundred ninety-nine-aa of this article, and to places to which admission
    14  is  restricted  to  persons  eighteen  years  of age or older. Provided,
    15  further, that, in the case of electronic cigarettes, the packages there-
    16  of shall comply with the provisions of  section  three  hundred  ninety-
    17  eight-f of the general business law.
    18    § 2. The general business law is amended by adding a new section 398-f
    19  to read as follows:
    20    §  398-f.  Electronic  cigarette  package  labeling.  1. Every package
    21  containing an electronic cigarette, as defined in  subdivision  thirteen
    22  of  section  thirteen  hundred  ninety-nine-aa of the public health law,
    23  sold, offered for sale or otherwise distributed  without  charge  within
    24  this  state,  shall  have  printed thereon or attached thereto a warning
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01836-01-9
        S. 475                              2
     1  label.   Such label shall contain  the  following  statement:  "WARNING:
     2  Explosion Hazard: this product may overheat, catch fire or explode."
     3    2.  Any  person,  firm,  corporation  or  association who violates the
     4  provisions of this section shall be subject to a civil  penalty  of  not
     5  more than one thousand dollars for each such violation.
     6    § 3. This act shall take effect on the one hundred twentieth day after
     7  it shall have become a law.