§ 1399-mm-3. Carrier oils. 1. For the purposes of this section
"carrier oils" shall mean any ingredient of a vapor product intended to
control the consistency or other physical characteristics of such vapor
product, to control the consistency or other physical characteristics of
vapor, or to facilitate the production of vapor when such vapor product
is used in an electronic cigarette. "Carrier oils" shall not include any
product approved by the United States food and drug administration as a
drug or medical device or manufactured and dispensed pursuant to title
five-A of article thirty-three of this chapter.

2. The commissioner is authorized to promulgate rules and regulations
governing the sale and distribution of carrier oils that are suspected
of causing acute illness and have been identified as a chemical of
concern by the United States centers for disease control and prevention.
Such regulations may, to the extent deemed by the commissioner as
necessary for the protection of public health, prohibit or restrict the
selling, offering for sale, possessing with intent to sell, or
distributing of carrier oils.

3. The provisions of this section shall not apply where preempted by
federal law. Furthermore, the provisions of this section shall be
severable, and if any phrase, clause, sentence, or provision is declared
to be invalid, or is preempted by federal law or regulation, the
validity of the remainder of this section shall not be affected thereby.
If any provision of this section is declared to be inapplicable to any
specific category, type, or kind of carrier oil, the provisions of this
section shall nonetheless continue to apply with respect to all other
carrier oils.