NY State Senate Bill 2017-S8610

Senate Bill S8610

2017-2018 Legislative Session

Relates to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1506
May 10, 2018	referred to health

co-Sponsors

2017-S8610 (ACTIVE) - Details

See Assembly Version of this Bill:: A8688
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S428, A47

2017-S8610 (ACTIVE) - Summary

Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

2017-S8610 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8610

SPONSOR: HANNON
 
TITLE OF BILL:  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

 
PURPOSE:

To amend the Public Health Law, in relation to prohibiting the sale and
distribution of flavored "e-liquids" for use in electronic cigarettes
and electronic cigarettes containing such flavoring.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the Public Health Law by adding a new
section 1399-mm-1, which bans the sale and distribution of any flavored
e-liquid or e-cigarette in New York State.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

While conventional cigarette use has declined, electronic cigarette use
is on the rise- especially amongst adolescents and young adults.
According to a 2016 report by the U.S. Surgeon General, young adult
users of e-cigarettes (ages 18 through 24) are much more likely to use
flavored e-cigarettes than users over the age of 25. The Surgeon General
also reported that the majority of youth who have tried e-cigarettes
first used a flavored product. In these surveys, youth noted flavoring
as one of their biggest draws to trying electronic cigarettes, in addi-
tion to curiosity and a perceived lower risk when compared to tradi-
tional tobacco products.

Electronic cigarette companies use colorful packaging and enticing
flavors to lure young people at their most vulnerable age for smoking.
According to a 2014 report from the Surgeon General, nine out of ten
smokers began before the age of 18, and studies show that the likelihood
of them starting to smoke decreases as they enter their twenties. Tobac-
co companies have long been using creative tactics to draw in adoles-
cents and young adults to smoking and are now using flavoring to entice
this demographic. This bill would eliminate the temptation for young
people in New York State to try flavored electronic cigarettes and in
turn reduce the number of people who become regular users of tobacco
products.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8610 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8610
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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  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:

   Section 1. The public health law is amended by adding  a  new  section
 1399-mm-1 to read as follows:
   § 1399-MM-1. SALE OF FLAVORED E-LIQUID PROHIBITED. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "FLAVORED  E-LIQUID" SHALL MEAN A LIQUID COMPOSED OF NICOTINE AND
 OTHER CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED  IN  AN
 ELECTRONIC  CIGARETTE WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT
 OR ADDITIVE THAT CAUSES SUCH E-LIQUID OR ITS SMOKE TO HAVE A  CHARACTER-
 IZING FLAVOR.
   (B)  "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR
 AROMA, INCLUDING BUT NOT  LIMITED  TO  ANY  FRUIT,  CHOCOLATE,  VANILLA,
 HONEY,  CANDY, COCOA, DESSERT, ALCOHOLIC BEVERAGE, HERB OR SPICE FLAVOR-
 ING, BUT SHALL NOT INCLUDE TOBACCO OR MENTHOL.
   2. NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE  IN  THIS  STATE
 ANY  FLAVORED  E-LIQUID  OR E-CIGARETTE CONTAINING FLAVORED E-LIQUID. NO
 OTHER PROVISION OF LAW AUTHORIZING THE SALE OF  TOBACCO  PRODUCTS  SHALL
 AUTHORIZE THE SALE OF FLAVORED E-LIQUID.
   3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
 THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
 DOLLARS FOR EACH INDIVIDUAL PACKAGE OF FLAVORED E-LIQUID PRODUCT SOLD OR
 OFFERED FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL  PENALTY  NOT
 TO  EXCEED  FIFTY  THOUSAND  DOLLARS  FOR  EACH  BRAND  OR STYLE OF SUCH
 MANUFACTURER'S TOBACCO PRODUCTS THAT IS  FOUND  TO  HAVE  BEEN  SOLD  OR
 OFFERED  FOR SALE IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION
 DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO  A
 MANUFACTURER,  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO  A FINDING OF
 VIOLATION PURSUANT TO THIS SECTION THAT SUCH SALE OR OFFER OF  SALE,  AS
 APPLICABLE,  OCCURRED  WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13378-01-7

 S. 8610                             2

 INVOLVEMENT, DIRECT OR INDIRECT, OF  SUCH  MANUFACTURER.  VIOLATIONS  OF
 THIS  SECTION  SHALL  BE  ENFORCED  PURSUANT TO SECTION THIRTEEN HUNDRED
 NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT  ANY  PERSON  MAY  SUBMIT  A
 COMPLAINT TO AN ENFORCEMENT OFFICER THAT A VIOLATION OF THIS SECTION HAS
 OCCURRED.
   § 2. This act shall take effect immediately.

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Senate Bill S8610

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Kemp Hannon