NY State Senate Bill 2023-S7771

Current 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 03, 2024	referred to health
Nov 27, 2023	referred to rules

2023-S7771 (ACTIVE) - Details

See Assembly Version of this Bill:: A7884
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-dd-2, Pub Health L

2023-S7771 (ACTIVE) - Summary

Prohibits the sale of disposable electronic cigarettes.

2023-S7771 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7771

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
sale of disposable electronic cigarettes

 
PURPOSE:

This legislation will prohibit the sale and distribution of disposable
electronic cigarettes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 1399-dd-2 to the public health law.

Section two establishes the effective date.

 
JUSTIFICATION:

While some restrictions on the tethering of animals are codified and
enforced in New York State, and as electronic cigarettes have grown in
popularity, companies have begun to flood the market with disposable
e-cigarettes. These inexpensive devices are made of plastic and fueled
by lithium-ion batteries and are designed to be used for just a matter
of days before the e-liquid is exhausted. Once they have been emptied,
however, there is no appropriate method for disposal as they cannot be
placed in household trash or recycling.  Despite being marketed as
disposable, it is illegal to discard lithium-ion batteries in the trash
or recycling given that they are considered hazardous waste. When not
properly discarded, these batteries create a serious fire hazard in
waste trucks and processing plants. A 2017 report from the U.S. Fire
Administration documented nearly 200 e-cigarette explosions that
occurred between 2009 and 2016, a figure that has surely grown as the
devices have become more popular.

Disposable vapes come in a wide variety of colors, shapes and flavors
designed to entice young people. The 2022 Youth Tobacco Survey found
that disposable vapes remain most popular among youth and 85% of those
who use e-cigarettes use flavored products. As their use expands, so
does the vape waste that is generated. The plastic devices, which will
never completely biodegrade, are washing up on beaches around the world
and littering public spaces. A July 2023 report by the U.S. PIRG Educa-
tion Fund estimated that 4.5 disposable vapes are discarded every second
in the United States.

The proliferation of e-cigarettes is damaging to public health and is
extremely harmful to our environment. With countless rechargeable
devices on the market, there is no need to further pollute the environ-
ment with disposable products.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.
 
EFFECTIVE DATE:
30 Days.

2023-S7771 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7771
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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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Senate Bill S7771

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S7771 (ACTIVE) - Details

2023-S7771 (ACTIVE) - Summary

2023-S7771 (ACTIVE) - Sponsor Memo

2023-S7771 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7771

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Health Committee

2023-S7771 (ACTIVE) - Details

2023-S7771 (ACTIVE) - Summary

2023-S7771 (ACTIVE) - Sponsor Memo

2023-S7771 (ACTIVE) - Bill Text download pdf

Comments