Assembly Bill A7884

2023-2024 Legislative Session

Prohibits the sale of disposable electronic cigarettes

download bill text pdf

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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-A7884 (ACTIVE) - Details

See Senate Version of this Bill:
S7771
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-dd-2, Pub Health L

2023-A7884 (ACTIVE) - Summary

Prohibits the sale of disposable electronic cigarettes.

2023-A7884 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7884
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 19, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale of disposable 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-dd-2 to read as follows:
   §  1399-DD-2.  SALE OF DISPOSABLE ELECTRONIC CIGARETTES PROHIBITED. 1.
 FOR THE PURPOSES OF THIS SECTION, "DISPOSABLE ELECTRONIC  CIGARETTE"  OR
 "DISPOSABLE  E-CIGARETTE" MEANS ANY ELECTRONIC CIGARETTE OR E-CIGARETTE,
 AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN  HUNDRED  NINETY-
 NINE-AA OF THIS ARTICLE, THAT CANNOT BE REFILLED WITH VAPOR PRODUCTS.
   2.  NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR DEALER SHALL
 SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY DISPOSABLE  ELECTRONIC
 CIGARETTE PRODUCT.
   3.  ANY  PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR DEALER, OR
 ANY AGENT OR EMPLOYEE OF A PERSON, FIRM,  PARTNERSHIP,  COMPANY,  CORPO-
 RATION  OR  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 DISPOSABLE ELECTRONIC CIGARETTE  PRODUCT  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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11879-02-3

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