Bill Text: NY S06697 | 2019-2020 | General Assembly | Amended


Bill Title: Prohibits the sale of electronic liquid, liquid nicotine, or e-liquid used to refill electronic cigarettes or electronic cigarette cartridges.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-14 - REPORTED AND COMMITTED TO RULES [S06697 Detail]

Download: New_York-2019-S06697-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6697--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    September 9, 2019
                                       ___________

        Introduced  by  Sens.  THOMAS, PARKER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale  of certain refills for electronic cigarettes or electronic ciga-
          rette cartridges

          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-cc-1 to read as follows:
     3    § 1399-cc-1. Sale of refillable electronic liquids, liquid nicotine or
     4  e-liquids prohibited. 1. No person, firm, partnership,  company,  corpo-
     5  ration  or  online seller shall sell, offer to sell or give away for any
     6  purpose, an electronic liquid, liquid  nicotine,  or  e-liquid  used  to
     7  refill  an  electronic  cigarette  or  electronic  cigarette  cartridge;
     8  provided, however, that such prohibition shall not apply  to  any  elec-
     9  tronic  liquid,  liquid  nicotine  or  e-liquid  that  is contained in a
    10  tamper-proof cartridge that is prefilled and sealed by the  manufacturer
    11  and  is  sold,  marketed, or intended for use in an electronic cigarette
    12  and is not designed to be opened by the consumer.
    13    2. Any person, firm, partnership, company, corporation or online sell-
    14  er that violates the provisions of this section shall be  subject  to  a
    15  civil  penalty  of  not more than one thousand dollars for each separate
    16  violation of this section. Such civil penalty shall be recovered by  any
    17  enforcement authority designated by a municipality or political subdivi-
    18  sion in which such violation occurred.
    19    3.  For  the  purposes of this section, "liquid nicotine", "electronic
    20  liquid", or "e-liquid" means a liquid composed  of  nicotine  and  other
    21  chemicals  which  is sold as a product that may be used in an electronic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13747-04-9

        S. 6697--A                          2

     1  cigarette, as defined in section thirteen hundred ninety-nine-cc of  the
     2  public health law.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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