NY State Senate Bill 2019-S6743

Senate Bill S6743

2019-2020 Legislative Session

Relates to the disclosure, testing and reporting of electronic cigarettes and vapor products

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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 08, 2020	referred to health
Sep 25, 2019	print number 6743a
Sep 25, 2019	amend (t) and recommit to rules
Sep 23, 2019	referred to rules

Bill Amendments

Original

A (Active)

2019-S6743 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-aa, add §1399-mm-1, Pub Health L

2019-S6743 - Summary

Provides that each electronic cigarette or vapor product manufacturer or importer, or agents thereof, shall submit to the department of health: a listing of all ingredients, including substances, compounds, and additives that are, as of such date, added by the manufacturer to a vapor product; a description of the content, delivery, and form of nicotine in each vapor product measured in milligrams of nicotine in accordance with regulations promulgated by the department; and a listing of all constituents, including smoke constituents as applicable, identified by the department as harmful or potentially harmful to health in each vapor product by brand and by quantity in each brand and sub brand; defines "vapor product"

2019-S6743 - Sponsor Memo

                                
 
BILL NUMBER: S6743

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the disclosure, testing and reporting of vapor products

 
PURPOSE:

To require the NYS Department of Health to promulgate rules to require
the disclosure of e-cigarette and vapor products ingredients sold in New
York State.

 
SUMMARY OF PROVISIONS:

Section 1 Amends section 1399-aa of the public health law by adding a
new subdivision 1 to define "Vapor products"

Section 2 - The public health law is amended by adding a new section
1399-aa define and requirements for disclosure, testing and reporting of
electronic cigarettes and vapor products

Section 3: - Instructs the NYS Department of Health to promulgate rules
and regulations requiring the testing and reporting of vapor product
constituents, ingredients, and additives

Section 4 - Effective date.

 
JUSTIFICATION:

According to the CDC, more than 18 million young people were exposed to
e-cigarette advertising online in 2014. E-cigarette use has increased
dramatically in recent years and the number of high school study to vape
doubled between 2014 and 2016. Add to this the recent vaping-associated
lung disease that has shown up across the nation, it is imperative that
ALL ingredients are disclosed in vapor products sold in New York state.

This bill would require such disclosure. New Yorkers deserve to know
what's in these unsafe products and their risk of possible vape-related
lung complications.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None to the state.

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

2019-S6743 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6743
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 23, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  the  disclosure,
   testing and reporting of vapor products
 
   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.  "VAPOR  PRODUCT" MEANS ANY NON-COMBUSTIBLE LIQUID OR GEL, REGARD-
 LESS OF THE PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED IN  TO  A
 FINISHED  PRODUCT  FOR USE IN AN ELECTRONIC CIGARETTE, ELECTRONIC CIGAR,
 ELECTRONIC CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN, OR  OTHER
 SIMILAR DEVICE.
   §  2.  The  public  health  law  is  amended  by  adding a new section
 1399-mm-1 to read as follows:
   § 1399-MM-1. DISCLOSURE, TESTING AND REPORTING;  ELECTRONIC  CIGARETTE
 AND  VAPOR  PRODUCT. 1. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION,
 EACH ELECTRONIC CIGARETTE OR VAPOR PRODUCT MANUFACTURER OR IMPORTER,  OR
 AGENTS  THEREOF,  SHALL  SUBMIT TO THE DEPARTMENT THE FOLLOWING INFORMA-
 TION:
   (A) A LISTING OF ALL INGREDIENTS, INCLUDING SUBSTANCES, COMPOUNDS, AND
 ADDITIVES THAT ARE, AS OF SUCH DATE, ADDED  BY  THE  MANUFACTURER  TO  A
 VAPOR PRODUCT;
   (B)  A  DESCRIPTION  OF THE CONTENT, DELIVERY, AND FORM OF NICOTINE IN
 EACH VAPOR PRODUCT MEASURED IN MILLIGRAMS OF NICOTINE IN ACCORDANCE WITH
 REGULATIONS PROMULGATED BY THE DEPARTMENT; AND
   (C) A LISTING OF ALL CONSTITUENTS,  INCLUDING  SMOKE  CONSTITUENTS  AS
 APPLICABLE, IDENTIFIED BY THE DEPARTMENT AS HARMFUL OR POTENTIALLY HARM-
 FUL  TO  HEALTH  IN  EACH VAPOR PRODUCT BY BRAND AND BY QUANTITY IN EACH
 BRAND AND SUB-BRAND. THE MANUFACTURER, IMPORTER, OR AGENT  SHALL  COMPLY
 WITH REGULATIONS PROMULGATED UNDER THIS SECTION, WHERE APPLICABLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13862-03-9

 S. 6743                             2
 
   2.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO CONDUCT OR TO REQUIRE
 THE TESTING, REPORTING, OR DISCLOSURE  OF  VAPOR  PRODUCT  CONSTITUENTS,
 INCLUDING SMOKE CONSTITUENTS.
   § 3. The department of health shall promulgate any necessary rules and
 regulations,  including,  but  not limited to, requiring the testing and
 reporting of vapor product  constituents,  ingredients,  and  additives,
 including vapor constituents, by brand and sub-brand that the department
 determines should be tested to protect the public health.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

2019-S6743A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-aa, add §1399-mm-1, Pub Health L

2019-S6743A (ACTIVE) - Summary

2019-S6743A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6743A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
the disclosure, testing and reporting of vapor products and to amend the
public health law and the general business law, in relation to the
labeling of electronic cigarette and vapor products packaging

 
PURPOSE:

To require the NYS Department of Health to promulgate rules to require
the disclosure of e-cigarette and vapor products ingredients sold in New
York State.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends section 1395-aa of the public health law adding a new
subdivision 14 to define "Vapor products"

Section 2 - The public health law is amended by adding a new section
1399-nn define and requirements for disclosure, testing and reporting of

electronic cigarettes and vapor products

Section 3 - Amends subdivision 7 of section 1299-cc of the public health
law requiring that in the case of electronic cigarettes and vapor
products, the packages thereof shall comply with the provisions of
section 398-g of the general business law

Section 4 - Requires electronic cigarette and vapor product package
labelling and civil fines

Section 5 - Instructs the NYS Department of Health to promulgate rules
and regulations requiring the testing and reporting of vapor product
constituents, ingredients, and additives

Section 6 - Effective date.

 
JUSTIFICATION:

According to the CDC, more than 18 million young people were exposed to
e-cigarette advertising online in 2014. E-cigarette use has increased
dramatically in recent years and the number of high school students who
vape doubled between 2014 and 2016. Add to this the recent vaping-asso-
ciated lung disease that has shown up across the nation, it is imper-
ative that ALL ingredients are disclosed in vapor products sold in New
York state.

This bill would require such disclosure. This is a necessary step in the
wake of people dying and hundreds sickened by a mysterious lung illness
linked to vaping. The State Health Department should be able to deter-
mine if these products are safe, and if not, prevent them from going to
market. Consumers in turn, should know what they are putting in their
bodies.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:
None to the state.

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

2019-S6743A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6743--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 23, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be  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 the disclosure,
   testing and reporting of vapor products and to amend the public health
   law and the general business law, in relation to the labeling of elec-
   tronic cigarette and vapor products packaging
 
   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. "VAPOR PRODUCT" MEANS ANY NON-COMBUSTIBLE LIQUID OR  GEL,  REGARD-
 LESS  OF  THE  PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
 FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE,  ELECTRONIC  CIGAR,
 ELECTRONIC  CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN, OR OTHER
 SIMILAR DEVICE.
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-mm-1 to read as follows:
   §  1399-MM-1.  DISCLOSURE, TESTING AND REPORTING; ELECTRONIC CIGARETTE
 AND VAPOR PRODUCT. 1. ON AND AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 EACH  ELECTRONIC CIGARETTE OR VAPOR PRODUCT MANUFACTURER OR IMPORTER, OR
 AGENTS THEREOF, SHALL SUBMIT TO THE DEPARTMENT  THE  FOLLOWING  INFORMA-
 TION:
   (A) A LISTING OF ALL INGREDIENTS, INCLUDING SUBSTANCES, COMPOUNDS, AND
 ADDITIVES  THAT  ARE,  AS  OF  SUCH DATE, ADDED BY THE MANUFACTURER TO A
 VAPOR PRODUCT;
   (B) A DESCRIPTION OF THE CONTENT, DELIVERY, AND FORM  OF  NICOTINE  IN
 EACH VAPOR PRODUCT MEASURED IN MILLIGRAMS OF NICOTINE IN ACCORDANCE WITH
 REGULATIONS PROMULGATED BY THE DEPARTMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13862-04-9

 S. 6743--A                          2
 
   (C)  A  LISTING  OF  ALL CONSTITUENTS, INCLUDING SMOKE CONSTITUENTS AS
 APPLICABLE, IDENTIFIED BY THE DEPARTMENT AS HARMFUL OR POTENTIALLY HARM-
 FUL TO HEALTH IN EACH VAPOR PRODUCT BY BRAND AND  BY  QUANTITY  IN  EACH
 BRAND  AND  SUB-BRAND. THE MANUFACTURER, IMPORTER, OR AGENT SHALL COMPLY
 WITH REGULATIONS PROMULGATED UNDER THIS SECTION, WHERE APPLICABLE.
   2.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO CONDUCT OR TO REQUIRE
 THE TESTING, REPORTING, OR DISCLOSURE  OF  VAPOR  PRODUCT  CONSTITUENTS,
 INCLUDING SMOKE CONSTITUENTS.
   §  3.  Subdivision  7  of section 1399-cc of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
 follows:
   7.  No  person operating a place of business wherein tobacco products,
 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes  are
 sold  or  offered for sale shall sell, permit to be sold, offer for sale
 or display for sale any tobacco product, herbal cigarettes, liquid nico-
 tine, shisha  or  electronic  cigarettes  in  any  manner,  unless  such
 products  and  cigarettes are stored for sale (a) behind a counter in an
 area accessible only to the personnel of such  business,  or  (b)  in  a
 locked container; provided, however, such restriction shall not apply to
 tobacco  businesses, as defined in subdivision eight of section thirteen
 hundred ninety-nine-aa of this article, and to places to which admission
 is restricted to persons twenty-one years of age or  older.    PROVIDED,
 FURTHER,  THAT, IN THE CASE OF ELECTRONIC CIGARETTES AND VAPOR PRODUCTS,
 THE PACKAGES THEREOF SHALL COMPLY WITH THE PROVISIONS OF  SECTION  THREE
 HUNDRED NINETY-EIGHT-G OF THE GENERAL BUSINESS LAW.
   § 4. The general business law is amended by adding a new section 398-g
 to read as follows:
   §  398-G.  ELECTRONIC CIGARETTE AND VAPOR PRODUCT PACKAGE LABELING. 1.
 EVERY PACKAGE CONTAINING AN ELECTRONIC CIGARETTE, AS DEFINED IN SUBDIVI-
 SION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THE  PUBLIC
 HEALTH  LAW,  OR  A VAPOR PRODUCT, AS DEFINED IN SUBDIVISION FOURTEEN OF
 SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW,  SOLD,
 OFFERED  FOR  SALE  OR  OTHERWISE DISTRIBUTED WITHOUT CHARGE WITHIN THIS
 STATE, SHALL HAVE PRINTED THEREON OR ATTACHED THERETO A LIST OF INGREDI-
 ENTS, INCLUDING BUT NOT LIMITED TO, THE  NICOTINE  LEVEL  BY  VOLUME  OF
 PRODUCT.
   2.  ANY  PERSON,  FIRM,  CORPORATION  OR  ASSOCIATION WHO VIOLATES THE
 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
 MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
   § 5. The department of health shall promulgate any necessary rules and
 regulations,  including,  but  not limited to, requiring the testing and
 reporting of vapor product  constituents,  ingredients,  and  additives,
 including vapor constituents, by brand and sub-brand that the department
 determines should be tested to protect the public health.
   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided however, that the amendments to
 subdivision 7 of section 1399-cc  of  the  public  health  law  made  by
 section  three 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 regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

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