S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8629
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to establishing nico-
   tine levels for electronic cigarettes  and  e-liquids  which  automat-
   ically  taper  in  nicotine  strength  in  amounts and at certain time
   intervals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1399-aa  of  the public health law is amended by
 adding a new subdivision 14 to read as follows:
   14. "E-LIQUID" MEANS A LIQUID COMPOSED OF NICOTINE  AND  OTHER  CHEMI-
 CALS,  AND  WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC
 CIGARETTE.
   § 2. Section 1399-dd of the public health law, as amended  by  chapter
 448  of  the  laws of 2012, subdivision (d) as amended by chapter 100 of
 the laws of 2019, is amended to read as follows:
   § 1399-dd. Sale AND MANUFACTURE of tobacco products, herbal cigarettes
 or electronic cigarettes [in vending  machines].  1.  No  person,  firm,
 partnership,  company  or  corporation  shall  operate a vending machine
 which dispenses tobacco products, herbal cigarettes or electronic  ciga-
 rettes unless such machine is located: (a) in a bar as defined in subdi-
 vision one of section thirteen hundred ninety-nine-n of this chapter, or
 the  bar  area of a food service establishment with a valid, on-premises
 full liquor license; (b) in a private club; (c) in a tobacco business as
 defined in subdivision eight of section thirteen hundred  ninety-nine-aa
 of  this article; or (d) in a place of employment which has an insignif-
 icant portion of its regular workforce comprised of people under the age
 of twenty-one years and only in such locations that are  not  accessible
 to  the  general  public;  provided, however, that in such locations the
 vending machine is located in plain view and  under  the  direct  super-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13840-01-9
              

 A. 8629                             2
 
 vision and control of the person in charge of the location or his or her
 designated agent or employee.
   2.  (A)  NO PERSON, FIRM, PARTNERSHIP, COMPANY, OR CORPORATION ENGAGED
 IN THE BUSINESS OF  MANUFACTURING  ELECTRONIC  CIGARETTES  OR  E-LIQUIDS
 SHALL MANUFACTURE, CAUSE TO BE MANUFACTURED, OR SOLD, IN THIS STATE, ANY
 ELECTRONIC  CIGARETTE  OR  E-LIQUID UNLESS SUCH PRODUCT IS PROGRAMMED TO
 AUTOMATICALLY TAPER IN NICOTINE STRENGTH IN AMOUNTS AND AT CERTAIN  TIME
 INTERVALS AS DETERMINED BY THE DEPARTMENT.
   (B)  ANY  PERSON,  FIRM,  PARTNERSHIP,  COMPANY,  OR  CORPORATION  WHO
 VIOLATES THIS SUBDIVISION, OR ANY RULE OR REGULATION PROMULGATED  PURSU-
 ANT  THERETO,  MAY  BE ASSESSED BY THE COMMISSIONER, A CIVIL PENALTY FOR
 EACH SUCH  VIOLATION.  EACH  VIOLATION  AND  EACH  DAY  DURING  WHICH  A
 VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE VIOLATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however, that the provisions of  subdivision
 (d)  of  section 1399-dd of the public health law made by section two of
 this act shall take effect on the same date and in the  same  manner  as
 chapter  100  of  the laws of 2019, takes effect. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.