Assembly Bill A47A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A47 - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A8688

2019-A47 - Summary

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

2019-A47 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    47
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD,
   MONTESANO -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A47A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A8688

2019-A47A (ACTIVE) - Summary

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

2019-A47A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   47--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD,
   JACOBSON,  FAHY,  JAFFEE,  D'URSO,  SMULLEN,  M. L. MILLER, GOTTFRIED,
   TAYLOR, RODRIGUEZ, COLTON, GRIFFIN, DINOWITZ,  ARROYO  --  Multi-Spon-
   sored  by  -- M.   of A. DeSTEFANO, WALSH -- read once and referred to
   the Committee on Health -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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/OR 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, MENTHOL, ALCOHOLIC BEVERAGE, HERB OR SPICE
 FLAVORING, BUT SHALL NOT INCLUDE TOBACCO.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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