senate Bill S6939B

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

More information?
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to health
delivered to assembly
passed senate
Jun 09, 2014 amended on third reading (t) 6939b
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.562
Apr 30, 2014 print number 6939a
amend and recommit to health
Apr 04, 2014 referred to health

Votes

view votes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S6939 - Details

See Assembly Version of this Bill:
A9309B
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

S6939 - 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.

S6939 - Sponsor Memo

S6939 - Bill Text download pdf

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

                                  6939

                            I N  S E N A T E

                              April 4, 2014
                               ___________

Introduced  by  Sens.  HANNON, AVELLA -- read twice and ordered printed,
  and when printed to be committed 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.

Co-Sponsors

S6939A - Details

See Assembly Version of this Bill:
A9309B
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

S6939A - 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.

S6939A - Sponsor Memo

S6939A - Bill Text download pdf

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

                                 6939--A

                            I N  S E N A T E

                              April 4, 2014
                               ___________

Introduced  by  Sens.  HANNON, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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.

Co-Sponsors

S6939B (ACTIVE) - Details

See Assembly Version of this Bill:
A9309B
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-t, Gen Bus L

S6939B (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.

S6939B (ACTIVE) - Sponsor Memo

S6939B (ACTIVE) - Bill Text download pdf

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

                                 6939--B
    Cal. No. 562

                            I N  S E N A T E

                              April 4, 2014
                               ___________

Introduced  by  Sens.  HANNON, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.