NY State Senate Bill 2021-S5106

Senate Bill S5106

2021-2022 Legislative Session

Prohibits the sale of electronic cigarettes that contains certain toxic metals and requires the department of health to study the long term health effects of using electronic cigarettes

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Feb 23, 2021	referred to health

2021-S5106 (ACTIVE) - Details

See Assembly Version of this Bill:: A637
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-gg-1, amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7050, A9553
2023-2024: S2133, A188

2021-S5106 (ACTIVE) - Summary

Prohibits the sale of electronic cigarettes that contain certain toxic metals; requires the department of health to establish a list of prohibited toxic metals; requires the department of health to study the long term health effects of using electronic cigarettes.

2021-S5106 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5106

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes that contain certain toxic metals and
requiring the department of health to study the long term health effects
of using electronic cigarettes

 
PURPOSE:

Prohibits the sale of electronic cigarettes that contain certain toxic
metals as determined by DOH and requires DOH to study the long-term
healthòeffects of using electronic cigarettes.

 
SUMMARY OF PROVISIONS:

Section 1 requires the Department of Health to establish a list of
toxins that are prohibited from being used in the manufacturing of elec-
tronic cigarettes. Sales of electronic cigarettes that contain any of

those designated metals, including lead, manganese, nickel, chromium,
zinc or other toxic metals, including in the heating element are prohib-
ited.

Section 2 authorizes the Department of Health to promulgate rules and
regulations establishing the list of prohibited toxic chemicals.

Section 3 requires the Department of Health to conduct a study on the
long term health effects of using electronic cigarettes on user

 
JUSTIFICATION:

In 2019, hundreds of injuries, and several deaths, were attributed to
the use of electronic cigarettes and other vaping products in New York
State. E-cigarettes have only been in wide use for the past decade or
so, and there are still several unknowns about their safety. While
several studies have shown that the liquids used in e-cigarettes may
contain toxic chemicals, there has been less research into the potential
dangers of the hardware of electronic cigarettes.

A 2018 study from the Johns Hopkins Bloomberg School of Public Health
found that a significant number of electronic cigarettes tested gener-
ated vapors/aerosols that contained unsafe levels of chromium, manga-
nese, nickel and lead. The authors of the study concluded that the heat-
ing coils used to vaporize e-liquids in electronic cigarettes may be
Leaking these toxic chemicals. Exposure to these toxic metals This
legislation will prohibit e-cigarette manufacturers from using toxic
metals, including lead, manganese, nickel, chromium, zinc or other toxic
metals in their products and will also require the Department of Health
to study the long term effects of electronic cigarette use on human
health.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act is effectively 180 days after it has been signed. The Department
may add, amend, and/or repeal any rule or regulation necessary to imple-
ment the act by its effective date immediately.

2021-S5106 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5106
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  of  electronic  cigarettes that contain certain toxic metals and
   requiring the department of health  to  study  the  long  term  health
   effects of using electronic 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-gg-1 to read as follows:
   §  1399-GG-1.  PROHIBITION  ON  THE SALE OF ELECTRONIC CIGARETTES THAT
 CONTAIN TOXIC METALS.   1. THE DEPARTMENT  SHALL  ESTABLISH  A  LIST  OF
 TOXINS  WHICH  PERSONS ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING
 OR OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE
 OF SUCH PERSON SHALL BE PROHIBITED FROM USING IN THE MANUFACTURE OF SUCH
 ELECTRONIC CIGARETTES. SUCH LIST SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LEAD,  MANGANESE,  NICKEL,  CHROMIUM,  ZINC AND OTHER TOXIC METALS. SUCH
 LIST SHALL BE REGULARLY UPDATED AND SHALL BE PUBLISHED  ON  THE  DEPART-
 MENT'S WEBSITE.
   2.  NO  PERSON  ENGAGED  IN  THE BUSINESS OF MANUFACTURING, SELLING OR
 OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE OF
 SUCH PERSON SHALL MANUFACTURE, SELL, OR OTHERWISE DISTRIBUTE  ELECTRONIC
 CIGARETTES  THAT CONTAIN A TOXIN INCLUDED ON THE LIST ESTABLISHED BY THE
 DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING IN THE
 HEATING ELEMENT OR ANY OTHER INTERNAL  PART  OF  SUCH  ELECTRONIC  CIGA-
 RETTES.
   §  2.  The  department  of health shall promulgate any rules and regu-
 lations, including, but not limited to establishing  a  list  of  toxins
 that  are  prohibited  in  the  manufacture  of electronic cigarettes as
 required by section thirteen  hundred  ninety-nine-gg-1  of  the  public
 health law, as added by section one of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00369-01-1

 S. 5106                             2
 
   §  3. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W)  DIRECT  THE  DEPARTMENT  TO STUDY THE LONG TERM HEALTH EFFECTS ON
 USERS OF ELECTRONIC CIGARETTES. SUCH STUDY SHALL  INCLUDE  DATA  ON  THE
 LONG  TERM HEALTH EFFECTS OF INHALING HEATED AEROSOLS CONTAINED IN ELEC-
 TRONIC CIGARETTES.
   § 4. This act shall take effect on the one hundred eightieth 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 shall be made and completed on or before such effec-
 tive date.

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