NY State Senate Bill 2019-S428B

Senate Bill S428B

2019-2020 Legislative Session

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

download bill text pdf

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
Jan 14, 2020	reported and committed to rules
Jan 08, 2020	referred to health
Jan 03, 2020	print number 428b
Jan 03, 2020	amend and recommit to rules
Jun 20, 2019	committed to rules
Apr 29, 2019	amended on third reading 428a
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal.
Feb 27, 2019	1st report cal.189
Jan 09, 2019	referred to health

Votes

- Jan 14, 2020 - Health Committee Vote
  S428B
  
  11
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 14, 2020
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Salazar
      
      Stavisky
      
      nay (2)
      
      Gallivan
      
      Little
      
      aye wr (1)
      
      Rivera
  Feb 27, 2019 - Health Committee Vote
  S428B
  
  11
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 27, 2019
      
      aye (11)
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (2)
      
      Antonacci
      
      Gallivan
      
      aye wr (1)
      
      Benjamin
      
      excused (1)
      
      Little

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S428 - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S8610

2019-S428 - Summary

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

2019-S428 - Sponsor Memo

                                
 
BILL NUMBER: S428

SPONSOR: HOYLMAN
 
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 peopleòat 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:

2017: S.8610 (Hannon) - Died in Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S428 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    428
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01842-01-9

 S. 428                              2
 
 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
 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.

co-Sponsors

View additional co-sponsors

2019-S428A - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S8610

2019-S428A - Summary

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

2019-S428A - Sponsor Memo

                                
 
BILL NUMBER: S428A

SPONSOR: HOYLMAN
 
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:

2017: 5.8610 (Hannon) - Died in Rules

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S428A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  428--A
     Cal. No. 189
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, FUNKE, GOUNARDES -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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
 OFFERED  FOR  SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01842-05-9

 S. 428--A                           2
 
 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
 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.

co-Sponsors

View additional co-sponsors

2019-S428B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S8610

2019-S428B (ACTIVE) - Summary

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

2019-S428B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S428B

SPONSOR: HOYLMAN
 
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

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the Public Health Law by adding a new
section 1399-mm-1, which defines the terms "flavored e-liquid" and
"characterizing flavor" for the purposes of the new section and bans the
sale and distribution of any flavored e-liquid or e-cigarette in New
York State, other than tobacco flavored e-liquid or e-cigarettes.
Violators of this prohibition would be subject to a civil fine of not
more than five hundred dollars.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

The United States is in the midst of a rapidly worsening epidemic of
e-cigarette use by minors. According to the 2019 National Youth Tobacco
Survey, more than 5 million youth report current e-cigarette use (having
used e-cigarettes in the past 30 days), an increase of about 1.4 million
since 2018, and nearly 3 million since 2017. Nearly a million of those
youth report daily use of e-cigarettes.

Research published in the New England Journal of Medicine based on
National Institute of Health (NIH) data backs up those findings. That
research showed that 1 in 4 high school seniors had vaped in the past 30
days (up from 1 in 10 in 2017) and 40.5% of high school seniors reported
they had tried vaping at least once (up from 25% in 2017).  The same
research found that the percentage of eighth graders who had vaped in
the past 30 days has roughly tripled since 2017 (from 3.5% to 9%).

The New York Youth Tobacco Survey 2008-2018 tells us that here in New
York, 44.9% of high schoolers have tried vaping at least once and 27.4%
of high schoolers are current users.

These findings are particularly troubling because mounting evidence
demonstrates that e-cigarettes and other vaping products are harmful to
the health of both children and adults alike. The U.S. was rocked by a
wave of lung injuries and deaths linked to vaping beginning in the
summer of 2019. As of December 17, 2019, the CDC has confirmed 2,506
hospitalized U.S. cases of E-cigarette or Vaping Product Use-Associated
Lung Injury (EVALI) and 54 deaths. Though research led by the CDC and
New York's own Wadsworth Labs has found that an additive called vitamin
E acetate sometimes found in THC vaping products is "closely associated
with" these injuries, a CDC spokesperson also stressed that other chemi-
cals could cause injury, saying "a persistent small proportion of EVALI
cases do not report use of THC-containing vaping products."

Setting aside the EVALI cases, recent studies examining the health
impacts of e-cigarettes have linked their use to exposure to toxic chem-
icals such as chromium, nickel, and lead found in the devices' heating
systems and other chemicals in found in e-cigarette aerosols linked to
heart disease, respiratory disease, and cancer.
Studies have also linked e-cigarette use to bronchiolitis ("popcorn
lung") or scarring of the lungs; endothelial dysfunction (which often
precedes cardiovascular disease); wheezing and related respiratory symp-
toms; effects normally associated with the development of COPD; worsen-
ing of heart disease risk factors; and decreased blood flow to the
heart.

Given how little time our public health experts have had to comprehen-
sively study the effects of these devices over a sustained period of
time, these effects are likely the tip of the iceberg.

At a public hearing held by the Senate in November 2019 to examine this
issue, officials from the New York State and New York City Departments
of Health testified about the short and long-term health risks of
vaping, and urged measures to restrict flavored e-cigarettes as a way to
reduce the appeal of these products to minors.

Studies consistently show that flavored e-cigarettes and other tobacco
products are more appealing to children, and the use of flavored e-ci-
garettes makes both children and adults more likely to continue to vape,
to vape more often and more heavily, and to initiate onto traditional
cigarettes.

In fact, a 2018 survey of roughly 7,000 youth and young adult e-cigar-
ette and other tobacco users by researchers affiliated with the Univer-
sity of Texas found that over 80% of respondents reported using flavored
products, and three-fourths of those users said they would no longer use
the product if it was not flavored.

E-cigarette companies have directly targeted ads for these appealing
flavored products to children, both online and through physical adver-
tising. In fact, the FDA has found that at least one major manufacturer
of e-cigarettes had illegally marketed their products by implying that
they were safer than traditional cigarettes, even going so far as to
call their products "totally safe" during a presentation to students at
a school.

This predatory, deceptive marketing and these appealing flavored
products have successfully misled many young people into thinking that
e-cigarettes are safe. Many youth are alarmingly unaware that not only
do the vast majority of e-cigarettes contain nicotine, some e-cigarette
pods contain as much nicotine as an entire pack of cigarettes and can
deliver it in much higher doses.

New York State has made enormous progress in reducing conventional ciga-
rette use over the past few decades. However, the explosion in e-cigar-
ette use by young people has the potential to addict a whole new gener-
ation to nicotine and cause numerous adverse health impacts to our young
people as they develop and grow.

For years, the FDA has consistently failed to take decisive action on
this issue, despite abundant warning signs that e-cigarette use by
minors was spiraling out of control.

Thankfully, states have the authority to fill the gap in regulation.  As
of January 2020, at least seven states (including New York) have enacted
emergency rules to restrict or ban the sale of flavored e-cigarettes,
and Massachusetts recently passed a law to prohibit the sale of all
flavored tobacco products. The New York City Council also passed a law
in November 2019 to ban the sale of flavored e-cigarettes. New York
State should do the same to protect the health of children and adults
alike.

 
LEGISLATIVE HISTORY:

2019: 5.428-A (Hoylman) - Died on Third Reading
2018: 5.8610 (Hannon) - Died on Third Reading

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2019-S428B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  428--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, CARLUCCI, COMRIE, FUNKE, GOUNARDES, JACK-
   SON, KAPLAN,  KRUEGER,  LIU,  METZGER,  MONTGOMERY,  PARKER,  SALAZAR,
   SERRANO, THOMAS -- read twice and ordered printed, and when printed to
   be  committed  to  the  Committee on Health -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order  of  third  reading  --  committed  to the Committee on Rules --
   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 ANY AEROSOL, EMISSION, OR VAPOR
 OF SUCH E-LIQUID TO HAVE A CHARACTERIZING 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 THE TASTE OR AROMA OF 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01842-06-9

 S. 428--B                           2
 
   3. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 SUBJECT  TO  A  CIVIL  FINE  OF  NOT  MORE  THAN  FIVE  HUNDRED DOLLARS.
 VIOLATIONS OF THIS SECTION SHALL BE ENFORCED PURSUANT TO  SECTION  THIR-
 TEEN  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 on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S428B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S428 - Details

2019-S428 - Summary

2019-S428 - Sponsor Memo

2019-S428 - Bill Text download pdf

co-Sponsors

2019-S428A - Details

2019-S428A - Summary

2019-S428A - Sponsor Memo

2019-S428A - Bill Text download pdf

co-Sponsors

2019-S428B (ACTIVE) - Details

2019-S428B (ACTIVE) - Summary

2019-S428B (ACTIVE) - Sponsor Memo

2019-S428B (ACTIVE) - Bill Text download pdf

Comments