S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1022
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the general business law, in relation to prohibiting the
   provision of any quantity of an electronic liquid
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    The  general  business  law  is amended by adding a new
 section 391-u to read as follows:
   § 391-U. ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1.  NO  PERSON,
 FIRM,  CORPORATION,  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
 OR OTHER ENTITY SHALL SELL, OFFER TO  SELL  OR  GIVE  AWAY,  FOR  EITHER
 RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
 QUID  USED  TO  REFILL  AN ELECTRONIC CIGARETTE OR CARTRIDGE.  PROVIDED,
 HOWEVER, THAT  THE  COMMISSIONER  OF  HEALTH  MAY  EXEMPT  A  REGISTERED
 IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.
   2.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
 VISION ONE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
 MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR  EACH SEPARATE VIOLATION OF SUCH
 SUBDIVISION, TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED  BY
 A   MUNICIPALITY  OR  POLITICAL  SUBDIVISION  IN  WHICH  SUCH  VIOLATION
 OCCURRED.
   3. FOR THE PURPOSES OF THIS SECTION,  "LIQUID  NICOTINE",  "ELECTRONIC
 LIQUID"  OR  "E-LIQUID"  MEANS  A  LIQUID COMPOSED OF NICOTINE AND OTHER
 CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN  AN  ELEC-
 TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
 HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
   4.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LIQUID NICO-
 TINE, ELECTRONIC LIQUID OR E-LIQUID THAT IS CONTAINED  IN  A  PREFILLED,
 SEALED  CARTRIDGE THAT IS SOLD, MARKETED OR INTENDED FOR USE IN AN ELEC-
 TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00522-01-9

 A. 1022                             2
 
 HUNDRED NINETY-NINE-AA OF THE PUBLIC  HEALTH  LAW,  PROVIDED  THAT  SUCH
 CARTRIDGE  IS PREFILLED AND SEALED BY THE MANUFACTURER, AND NOT INTENDED
 TO BE OPENED BY THE CONSUMER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.