NY State Senate Bill 2019-S6697A

Senate Bill S6697A

2019-2020 Legislative Session

Prohibits the sale of certain refills for electronic cigarettes or electronic cigarette cartridges

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2020	reported and committed to rules
Jan 08, 2020	referred to health
Jan 02, 2020	print number 6697a
Jan 02, 2020	amend and recommit to rules
Sep 09, 2019	referred to rules

Votes

- Jan 14, 2020 - Health Committee Vote
  S6697A
  
  10
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 14, 2020
      
      aye (10)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Salazar
      
      Stavisky
      
      aye wr (4)
      
      Gallivan
      
      Jacobs
      
      Little
      
      Rivera

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S6697 - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S174
2023-2024: S516

2019-S6697 - Summary

Prohibits the sale of electronic liquid, liquid nicotine, or e-liquid used to refill electronic cigarettes or electronic cigarette cartridges.

2019-S6697 - Sponsor Memo

                                
 
BILL NUMBER: S6697

SPONSOR: THOMAS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting the sale of certain refills for electronic cigarettes or
electronic cigarette cartridges

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of refillable electronic liquids, liquid nicotine
or e-liquids.

 
SUMMARY OF PROVISIONS:

Sect on 1. The public health is amended by adding a new section 2 1399-
cc-1. Sale of refillable electronic liquids, liquid nicotine or e-li-
quids are prohibited. Any person, firm, partnership, company, corpo-
ration or online seller that violates the provisions of this section
shall be subject to a civil penalty of not more than one thousand
dollars for each separate violation. "liquid nicotine", "electronic
liquid", or "e-liquid" means a liquid composed of nicotine and other

chemicals which is sold as a product that may be used in an electronic
cigarette.

Section 2 is the effective date.

 
JUSTIFICATION:

Over six people are reported dead nationwide from severe lung injury in
recent weeks. Their deaths are linked to electronic cigarettes and
vaping-related chemicals. Nationwide, U.S. health officials stated
they're now investigating more than 450 cases of possible vaping-related
illnesses in 33 states. The Centers for Disease Control (CDC) said some
type of chemical exposure is likely associated with the deaths and
illnesses. Although the CDC did not identify any particular brand of
e-cigarette, it expressed concern about any product sold on the street
or tampered with by users. As more information is gathered to determine
the exact cause, NY state must take precautions to prevent deaths and
severe illnesses amongst its residents.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6697 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6697
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             September 9, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale  of certain refills for electronic cigarettes or electronic ciga-
   rette cartridges

   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-cc-1 to read as follows:
   § 1399-CC-1. SALE OF REFILLABLE ELECTRONIC LIQUIDS, LIQUID NICOTINE OR
 E-LIQUIDS PROHIBITED. 1. NO PERSON, FIRM, PARTNERSHIP,  COMPANY,  CORPO-
 RATION  OR  ONLINE SELLER SHALL SELL, OFFER TO SELL OR GIVE AWAY FOR ANY
 PURPOSE, AN ELECTRONIC LIQUID, LIQUID  NICOTINE,  OR  E-LIQUID  USED  TO
 REFILL  AN  ELECTRONIC  CIGARETTE  OR  ELECTRONIC  CIGARETTE  CARTRIDGE;
 PROVIDED, HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY  TO  ANY  ELEC-
 TRONIC  LIQUID,  LIQUID  NICOTINE  OR  E-LIQUID  THAT  IS CONTAINED IN A
 TAMPER-PROOF CARTRIDGE THAT IS PREFILLED AND SEALED BY THE  MANUFACTURER
 AND  IS  SOLD,  MARKETED, OR INTENDED FOR USE IN AN ELECTRONIC CIGARETTE
 AND IS NOT DESIGNED TO BE OPENED BY THE CONSUMER.
   2. ANY PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR ONLINE SELL-
 ER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE  SUBJECT  TO  A
 CIVIL  PENALTY  OF  NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH SEPARATE
 VIOLATION OF THIS SECTION. SUCH CIVIL PENALTY SHALL BE RECOVERED BY  ANY
 ENFORCEMENT AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVI-
 SION 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  WHICH  IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC
 CIGARETTE, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF  THE
 PUBLIC HEALTH LAW.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13747-01-9

co-Sponsors

2019-S6697A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S174
2023-2024: S516

2019-S6697A (ACTIVE) - Summary

Prohibits the sale of electronic liquid, liquid nicotine, or e-liquid used to refill electronic cigarettes or electronic cigarette cartridges.

2019-S6697A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6697A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
sale of certain refills for electronic cigarettes or electronic ciga-
rette cartridges

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of refillable electronic liquids, liquid nicotine
or e-liquids.

 
SUMMARY OF PROVISIONS:

Section 1. The public health is amended by adding a new section 2 1399-
cc-1. Sale of refillable electronic liquids, liquid nicotine or e-li-
quids are prohibited. Any person, firm, partnership, company, corpo-
ration or online seller that violates the provisions of this section
shall be subject to a civil penalty of not more than one thousand

dollars for each separate violation. "liquid nicotine", "electronic
liquid", or "e-liquid" means a liquid composed of nicotine and other
chemicals which is sold as a product that may be used in an electronic
cigarette.

Section 2 is the effective date.

 
JUSTIFICATION:  Over 54 deaths nationwide have been linked to severe
lung injury in recent months. Their deaths are linked to electronic
cigarettes and vaping-related chemicals. Nationwide, U.S. health offi-
cials stated they're now investigating more than 2,500 cases of possible
vaping-related illnesses in all 50 states. The Centers for Disease
Control (CDC) said some type of chemical exposure is likely associated
with the deaths and illnesses. Although the CDC did not identify any
particular brand of e-cigarette, it expressed concern about any product
sold on the street or tampered with by users. As more information is
gathered to determine the exact cause, NY state must take precautions to
prevent deaths and severe illnesses amongst its residents.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

2019-S6697A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6697--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             September 9, 2019
                                ___________
 
 Introduced  by  Sens.  THOMAS, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale  of certain refills for electronic cigarettes or electronic ciga-
   rette cartridges
 
   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-cc-1 to read as follows:
   § 1399-CC-1. SALE OF REFILLABLE ELECTRONIC LIQUIDS, LIQUID NICOTINE OR
 E-LIQUIDS PROHIBITED. 1. NO PERSON, FIRM, PARTNERSHIP,  COMPANY,  CORPO-
 RATION  OR  ONLINE SELLER SHALL SELL, OFFER TO SELL OR GIVE AWAY FOR ANY
 PURPOSE, AN ELECTRONIC LIQUID, LIQUID  NICOTINE,  OR  E-LIQUID  USED  TO
 REFILL  AN  ELECTRONIC  CIGARETTE  OR  ELECTRONIC  CIGARETTE  CARTRIDGE;
 PROVIDED, HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY  TO  ANY  ELEC-
 TRONIC  LIQUID,  LIQUID  NICOTINE  OR  E-LIQUID  THAT  IS CONTAINED IN A
 TAMPER-PROOF CARTRIDGE THAT IS PREFILLED AND SEALED BY THE  MANUFACTURER
 AND  IS  SOLD,  MARKETED, OR INTENDED FOR USE IN AN ELECTRONIC CIGARETTE
 AND IS NOT DESIGNED TO BE OPENED BY THE CONSUMER.
   2. ANY PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR ONLINE SELL-
 ER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE  SUBJECT  TO  A
 CIVIL  PENALTY  OF  NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH SEPARATE
 VIOLATION OF THIS SECTION. SUCH CIVIL PENALTY SHALL BE RECOVERED BY  ANY
 ENFORCEMENT AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVI-
 SION 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  WHICH  IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13747-04-9

 S. 6697--A                          2
 
 CIGARETTE, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF  THE
 PUBLIC HEALTH LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S6697A

Share this bill

Sponsored By

Kevin Thomas

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Kevin S. Parker

2019-S6697 - Details

2019-S6697 - Summary

2019-S6697 - Sponsor Memo

2019-S6697 - Bill Text download pdf

co-Sponsors

David Carlucci

Anna M. Kaplan

Jen Metzger

Kevin S. Parker

2019-S6697A (ACTIVE) - Details

2019-S6697A (ACTIVE) - Summary

2019-S6697A (ACTIVE) - Sponsor Memo

2019-S6697A (ACTIVE) - Bill Text download pdf

Comments