Assembly Bill A10713

2023-2024 Legislative Session

Prohibits the sale of entertainment vapor products

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A10713 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ll-1, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:
A22

2023-A10713 (ACTIVE) - Summary

Prohibits the sale of entertainment vapor products, or any vapor product that has bluetooth, wireless internet, or other internet connectivity, or the ability to play virtual games, play music, or display photos or other animations on the device.

2023-A10713 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10713
 
                           I N  A S S E M B L Y
 
                            September 18, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale of entertainment vapor products
 
   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-ll-1 to read as follows:
   §  1399-LL-1.  SALE OF ENTERTAINMENT VAPOR PRODUCTS PROHIBITED. 1. FOR
 THE PURPOSES OF THIS SECTION, "ENTERTAINMENT VAPOR PRODUCT"  SHALL  MEAN
 ANY  VAPOR PRODUCT THAT HAS BLUETOOTH, WIRELESS INTERNET OR OTHER INTER-
 NET CONNECTIVITY, OR PROVIDES INTERACTIVE FEATURES DESIGNED  TO  ENHANCE
 USER  EXPERIENCE, INCLUDING BUT NOT LIMITED TO THE ABILITY FOR A USER TO
 PLAY MUSIC, DISPLAY PHOTOS OR VIDEO, PLAY VIRTUAL GAMES OR DISPLAY OTHER
 ANIMATIONS ON THE DEVICE.
   2. NO VAPOR PRODUCTS DEALER, OR ANY  AGENT  OR  EMPLOYEE  OF  A  VAPOR
 PRODUCTS DEALER, SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
 ENTERTAINMENT  VAPOR  PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE.
   3. ANY VAPOR PRODUCTS DEALER, OR ANY AGENT  OR  EMPLOYEE  OF  A  VAPOR
 PRODUCTS  DEALER,  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH
 INDIVIDUAL PACKAGE OF ENTERTAINMENT VAPOR PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE  CONSUMPTION  OF  NICOTINE  SOLD  OR
 OFFERED  FOR SALE, PROVIDED, HOWEVER, THAT WITH RESPECT TO A MANUFACTUR-
 ER, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION  PURSU-
 ANT  TO  THIS  SECTION  THAT  SUCH SALE OR OFFER OF SALE, AS APPLICABLE,
 OCCURRED WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION, OR  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.
   4.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT  APPLY TO ANY VAPOR
 PRODUCTS DEALER, OR ANY AGENT OR EMPLOYEE OF A  VAPOR  PRODUCTS  DEALER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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