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Assembly Bill A9309B

2013-2014 Legislative Session

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge

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Bill Amendments

2013-A9309 - Details

See Senate Version of this Bill:
S6939
Current Committee:
Assembly Health
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A635
2017-2018: A325
2019-2020: A1022
2021-2022: A332
2023-2024: A2187
2025-2026: A1636

2013-A9309 - Summary

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge; defines "electronic liquid" as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.

2013-A9309 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9309

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to the definition  of
  "electronic  cigarette"  or  "e-cigarette";  and  to amend the general
  business law, in relation to prohibiting the provision of any quantity
  of an electronic liquid

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 13 of section 1399-aa of the public health law,
as  added  by  chapter  448  of  the laws of 2012, is amended to read as
follows:
  13. "Electronic cigarette" or "e-cigarette" means  a  battery-operated
device  that contains cartridges OR LIQUIDS filled with a combination of
nicotine[, flavor] and chemicals that are turned  into  vapor  which  is
inhaled by the user.
  S 2. The general business law is amended by adding a new section 391-t
to read as follows:
  S  391-T.  ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1. NO PERSON,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY
OR  OTHER  ENTITY  SHALL  SELL,  OFFER  TO SELL OR GIVE AWAY, FOR EITHER
RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
QUID.
  2. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
VISION  ONE  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
MORE THAN FIVE HUNDRED DOLLARS  FOR  EACH  SEPARATE  VIOLATION  OF  SUCH
SUBDIVISION,  TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY
A  MUNICIPALITY  OR  POLITICAL  SUBDIVISION  IN  WHICH  SUCH   VIOLATION
OCCURRED.
  3. FOR THE PURPOSES OF THIS SECTION, "ELECTRONIC LIQUID" OR "E-LIQUID"
MEANS  A  LIQUID  COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS
SOLD AS A PRODUCT THAT MAY  BE  USED  IN  AN  ELECTRONIC  CIGARETTE,  AS
DEFINED   BY   SUBDIVISION   THIRTEEN   OF   SECTION   THIRTEEN  HUNDRED
NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2013-A9309A - Details

See Senate Version of this Bill:
S6939
Current Committee:
Assembly Health
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A635
2017-2018: A325
2019-2020: A1022
2021-2022: A332
2023-2024: A2187
2025-2026: A1636

2013-A9309A - Summary

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge; defines "electronic liquid" as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.

2013-A9309A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9309--A

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to the definition of
  "electronic cigarette" or "e-cigarette";  and  to  amend  the  general
  business law, in relation to prohibiting the provision of any quantity
  of an electronic liquid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 13 of section 1399-aa of the public health law,
as added by chapter 448 of the laws of  2012,  is  amended  to  read  as
follows:
  13.  "Electronic  cigarette" or "e-cigarette" means a battery-operated
device that contains cartridges OR LIQUIDS filled with a combination  of
nicotine[,  flavor]  and  chemicals  that are turned into vapor which is
inhaled by the user.
  S 2. The general business law is amended by adding a new section 391-t
to read as follows:
  S 391-T. ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1.  NO  PERSON,
FIRM,  CORPORATION,  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
OR OTHER ENTITY SHALL SELL, OFFER TO  SELL  OR  GIVE  AWAY,  FOR  EITHER
RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
QUID USED TO REFILL AN ELECTRONIC CIGARETTE OR CARTRIDGE.
  2.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
VISION ONE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR  EACH SEPARATE VIOLATION OF SUCH
SUBDIVISION, TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED  BY
A   MUNICIPALITY  OR  POLITICAL  SUBDIVISION  IN  WHICH  SUCH  VIOLATION
OCCURRED.
  3. FOR THE PURPOSES OF THIS SECTION, "ELECTRONIC LIQUID" OR "E-LIQUID"
MEANS A LIQUID COMPOSED OF NICOTINE AND OTHER CHEMICALS,  AND  WHICH  IS
SOLD  AS  A  PRODUCT  THAT  MAY  BE  USED IN AN ELECTRONIC CIGARETTE, AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14550-04-4

2013-A9309B (ACTIVE) - Details

See Senate Version of this Bill:
S6939
Current Committee:
Assembly Health
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A635
2017-2018: A325
2019-2020: A1022
2021-2022: A332
2023-2024: A2187
2025-2026: A1636

2013-A9309B (ACTIVE) - Summary

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge; defines "electronic liquid" as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.

2013-A9309B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9309--B

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the general business law, in relation to prohibiting the
  provision of any quantity of an electronic liquid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   The general business law  is  amended  by  adding  a  new
section 391-t to read as follows:
  S  391-T.  ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1. NO PERSON,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY
OR  OTHER  ENTITY  SHALL  SELL,  OFFER  TO SELL OR GIVE AWAY, FOR EITHER
RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
QUID USED TO REFILL AN ELECTRONIC CIGARETTE  OR  CARTRIDGE.    PROVIDED,
HOWEVER,  THAT  THE  COMMISSIONER  OF  HEALTH  MAY  EXEMPT  A REGISTERED
IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.
  2. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
VISION  ONE  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
MORE THAN FIVE HUNDRED DOLLARS  FOR  EACH  SEPARATE  VIOLATION  OF  SUCH
SUBDIVISION,  TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY
A  MUNICIPALITY  OR  POLITICAL  SUBDIVISION  IN  WHICH  SUCH   VIOLATION
OCCURRED.
  3.  FOR  THE  PURPOSES OF THIS SECTION, "LIQUID NICOTINE", "ELECTRONIC
LIQUID" OR "E-LIQUID" MEANS A LIQUID  COMPOSED  OF  NICOTINE  AND  OTHER
CHEMICALS,  AND  WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELEC-
TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LIQUID  NICO-
TINE,  ELECTRONIC  LIQUID  OR E-LIQUID THAT IS CONTAINED IN A PREFILLED,
SEALED CARTRIDGE THAT IS SOLD, MARKETED OR INTENDED FOR USE IN AN  ELEC-
TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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