S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    647
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the general business  law,  in
   relation  to the labeling of electronic cigarette products and packag-
   ing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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, THE PRODUCT AND THE
 PACKAGES  THEREOF  SHALL  COMPLY  WITH  THE  PROVISIONS OF SECTION THREE
 HUNDRED NINETY-EIGHT-G OF THE GENERAL BUSINESS LAW.
   § 2. The general business law is amended by adding a new section 398-g
 to read as follows:
   § 398-G. ELECTRONIC CIGARETTE PRODUCT AND PACKAGE LABELING. 1.   EVERY
 PACKAGE  CONTAINING AN ELECTRONIC CIGARETTE AND THE ELECTRONIC CIGARETTE
 ITSELF, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION  THIRTEEN  HUNDRED
 NINETY-NINE-AA  OF  THE  PUBLIC  HEALTH  LAW,  SOLD, OFFERED FOR SALE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00408-01-1

 A. 647                              2
 
 OTHERWISE  DISTRIBUTED  WITHOUT  CHARGE  WITHIN  THIS  STATE,  SHALL  BE
 DESIGNED  BY  THE  DEPARTMENT  OF  HEALTH AND SUCH PACKAGE CONTAINING AN
 ELECTRONIC CIGARETTE AND THE ELECTRONIC CIGARETTE ITSELF  SHALL  INCLUDE
 PRINTED  THEREON  OR  ATTACHED  THERETO  A HEALTH WARNING AND DISCLAIMER
 LABEL DESIGNED BY THE DEPARTMENT OF HEALTH.
   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.
   § 3. The department of health shall design and standardize  all  elec-
 tronic  cigarette designs, including, but not limited to, the electronic
 cigarette itself, the electronic cigarette packaging, a prominent health
 warning and disclaimer on the actual product and the packaging  of  such
 product.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.