Bill Text: NY S06075 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to labeling of packaging for electronic cigarette products; requires such packaging to bear brightly-colored labeling indicating that such products contains nicotine or may be used to inhale nicotine vapors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-16 - REFERRED TO HEALTH [S06075 Detail]

Download: New_York-2019-S06075-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019

        Introduced  by  Sen.  BROOKS -- 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 labeling of  pack-
          aging for electronic cigarette products

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1399-gg of the public health  law,  as  amended  by
     2  chapter 513 of the laws of 2004, is amended to read as follows:
     3    §  1399-gg. Out-of-package sales and [minimum package sizes] packaging
     4  requirements. 1. All tobacco cigarettes sold or offered for  sale  by  a
     5  retail  dealer  shall  be  sold or offered for sale in the package, box,
     6  carton or other container provided by  the  manufacturer,  importer,  or
     7  packager which bears all health warnings required by applicable law.
     8    2.  No  person  engaged  in  the business of manufacturing, selling or
     9  otherwise distributing tobacco products,  herbal  cigarettes,  cigarette
    10  wrapping  papers,  wrapping leaves or tubes, or any agent or employee of
    11  such person, shall manufacture or cause to be manufactured for  sale  in
    12  this  state,  or  sell  or  distribute in this state: (a) any package or
    13  other container of cigarettes containing fewer than  twenty  cigarettes;
    14  (b) any package of roll-your-own tobacco containing less than six-tenths
    15  of  an  ounce of tobacco; or (c) any package or other container of ciga-
    16  rette wrapping papers, wrapping leaves or tubes, that are  or  are  held
    17  out  to be suitable for use or used as devices to wrap tobacco for smok-
    18  ing, containing fewer than twenty sheets, leaves or tubes.
    19    3. No person engaged in the business  of  manufacturing,  selling,  or
    20  otherwise  distributing electronic cigarettes shall manufacture or cause
    21  to be manufactured for sale in this state, or sell or distribute in this
    22  state, any electronic cigarette unless the  container  or  packaging  of
    23  such  electronic  cigarette  bears brightly-colored labeling which indi-
    24  cates that the contents of such container or packaging contain  nicotine
    25  or can be used for the inhalation of nicotine vapors.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.