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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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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

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Bill Amendments

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

Co-Sponsors

S6939 - Bill Details

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

S6939 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6939

TITLE OF BILL: 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

PURPOSE:

Prohibits the sale of e-liquids within the State of New York.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 1399-aa of the Public Health
Law regarding the definition of "electronic cigarette" or "e-
cigarette" to mean a battery operated device that contains cartridges
or liquids filled with a combination of nicotine and chemicals.

Section two of this bill adds section 391-t to the General Business
Law, which will prohibit the sale, offer to sell, or giving away of
electronic liquids or e-liquids by any company or entity.

This section also states, any entity that sells, offers to sells, or
gives away any quantity of electronic liquids will be subject to a
penalty of no more than $500.00 per violation recoverable in an action
by an enforcement authority designated by a municipality or political
subdivision.

Section two also defines "electronic liquids" or "e-liquids" as a
liquid composed of nicotine and other chemicals, which is sold as a
product that may be used in electronic cigarettes.

Section three of this bill has this act taking effect 90 days after it
becomes law.

JUSTIFICATION:

E- cigarettes have been a point of controversy since their presence in
the New York market. E-cigarettes are battery powered devices that
allow an individual to inhale nicotine while emitting only vapor. The
health effects associated with inhaling the vapor of e-cigarettes are
unknown, however the liquid used to produce the vapor in some
e-cigarettes has been found to be harmful and even deadly to
individuals. The liquid in e-cigarettes has been called "electronic
liquids" or "e-liquids." E-liquids are a form of liquid nicotine
laced with other chemicals and often flavored. Many e-liquids are made
on factory floors or in the back rooms of shops and, similar to
e-cigarettes, are not regulated by the federal government.

E-liquids have been found to be harmful to humans if ingested or
simply upon contact with an individual's skin. Between 2012 and 2013,
calls to poison control centers involving e-liquids have increased by
300 percent, with 1,351 calls in 2013. According to the Syracuse Post
Standard, as of March 2014, 651 calls have been made to poison control
centers regarding e-liquids, with over half of these calls involving
children under 6 years old. It has also been reported that a teaspoon
of highly diluted e-liquids can seriously harm or kill a small child.


According to the New York Times, an individual died after injecting
e-liquids, and another individual in Kentucky was admitted to the
hospital with cardiac problems after her e-cigarette broke and the
e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids in New York State. E-liquids are
more dangerous than tobacco because nicotine in liquid form can be
absorbed more quickly even when diluted. Therefore, forms of liquid
nicotine need to be reviewed and scrutinized more than other tobacco
and nicotine products. This legislation brings an awareness of the
extreme dangers of these products by banning them from store shelves
with the goal of saving people's lives.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

90 days after this bill becomes law.

view full 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14550-02-4

Co-Sponsors

S6939A - Bill Details

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

S6939A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6939A

TITLE OF BILL: 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

PURPOSE:

Prohibits the sale of e-liquids within the State of New York.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 1399-aa of the Public Health
Law regarding the definition of "electronic cigarette" or "e-
cigarette" to mean a battery operated device that contains cartridges
or liquids filled with a combination of nicotine and chemicals.

Section two of this bill adds section 391-t to the General Business
Law, which will prohibit the sale, offer to sell, or giving away of
electronic liquids or e-liquids, which are used to refill electronic
cigarettes or cartridges by any company or entity.

This section also states, any entity that sells, offers to sells, or
gives away any quantity of electronic liquids will be subject to a
penalty of no more than $500.00 per violation recoverable in an action
by an enforcement authority designated by a municipality or political
subdivision.

Section two also defines "electronic liquids" or "e-liquids" as a
liquid composed of nicotine and other chemicals, which is sold as a
product that may be used in electronic cigarettes.

Section three of this bill has this act taking effect 90 days after it
becomes law.

JUSTIFICATION:

E- cigarettes have been a point of controversy since their presence in
the New York market. E-cigarettes are battery powered devices that
allow an individual to inhale nicotine while emitting only vapor. The
health effects associated with inhaling the vapor of e-cigarettes are
unknown, however the liquid used to produce the vapor in some
e-cigarettes has been found to be harmful and even deadly to
individuals. The liquid in e-cigarettes has been called "electronic
liquids" or "e-liquids", and is often sold in bottles to be used as a
refill solution for electronic cigarettes and cartridges. E-liquids
are a form of liquid nicotine laced with other chemicals and often
flavored. Many e-liquids are made on factory floors or in the back
rooms of shops and, similar to e-cigarettes, are not regulated by the
federal government.

E-liquids have been found to be harmful to humans if ingested or
simply upon contact with an individual's skin. Between 2012 and 2013,
calls to poison control centers involving e-liquids have increased by
300 percent, with 1,351 calls in 2013. According to the Syracuse Post
Standard, as of March 2014, 651 calls have been made to poison control


centers regarding e-liquids, with over half of these calls involving
children under 6 years old. It has also been reported that a teaspoon
of highly diluted e-liquids can seriously harm or kill a small child.
According to the New York Times, an individual died after injecting
e-liquids, and another individual in Kentucky was admitted to the
hospital with cardiac problems after her e-cigarette broke and the
e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids sold to refill e-cigarettes and
cartridges in New York State. E-liquids are more dangerous than
tobacco because nicotine in liquid form can be absorbed more quickly
even when diluted. Therefore, forms of liquid nicotine need to be
reviewed and scrutinized more than other tobacco and nicotine
products. This legislation brings an awareness of the extreme dangers
of these products by banning them from store shelves with the goal of
saving people's lives.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after this bill becomes law.

view full 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.
                                                           LBD14550-03-4

S. 6939--A                          2

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

S6939B (ACTIVE) - Bill Details

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

S6939B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S6939B

TITLE OF BILL: An act to amend the general business law, in relation
to prohibiting the provision of any quantity of an electronic liquid

PURPOSE:

Prohibits the sale of e-liquids within the State of New York.

SUMMARY OF PROVISIONS:

Section one of this bill adds section 391-t to the General Business
Law, which will prohibit the sale, offer to sell, or giving away of
electronic liquids or e-liquids, which are used to refill electronic
cigarettes or cartridges by any company or entity. This bill allows
for the Commissioner of Health to exempt any registered in-state
manufacturer from these provisions.

This section also states, any entity that sells, offers to sells, or
gives away any quantity of electronic liquids will be subject to a
penalty of no more than $500.00 per violation recoverable in an action
by an enforcement authority designated by a municipality or political
subdivision.

Section one also defines "electronic liquids" or "e-liquids" as a
liquid composed of nicotine and other chemicals, which is sold as a
product that may be used in electronic cigarettes.

Section two of this bill has this act taking effect 90 days after it
becomes law.

JUSTIFICATION:

E- cigarettes have been a point of controversy since their presence in
the New York market. E-cigarettes are battery powered devices that
allow an individual to inhale nicotine while emitting only vapor. The
health effects associated with inhaling the vapor of e-cigarettes are
unknown, however the liquid used to produce the vapor in some
e-cigarettes has been found to be harmful and even deadly to
individuals. The liquid in e-cigarettes has been called "electronic
liquids" or "e-liquids", and is often sold in bottles to be used as a
refill solution for electronic cigarettes and cartridges. E-liquids
are a form of liquid nicotine laced with other chemicals and often
flavored.

Many e-liquids are made on factory floors or in the back rooms of
shops and, similar to e-cigarettes, are not regulated by the federal
government.

E-liquids have been found to be harmful to humans if ingested or
simply upon contact with an individual's skin. Between 2012 and 2013,
calls to poison control centers involving e-liquids have increased by
300 percent, with 1,351 calls in 2013. According to the Syracuse Post
Standard, as of March 2014, 651 calls have been made to poison control
centers regarding e-liquids, with over half of these calls involving
children under 6 years old. It has also been reported that a teaspoon
of highly diluted e-liquids can seriously harm or kill a small child.


According to the New York Times, an individual died after injecting
e-liquids, and another individual in Kentucky was admitted to the
hospital with cardiac problems after her e-cigarette broke and the
e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids sold to refill e-cigarettes and
cartridges in New York State. E-liquids are more dangerous than
tobacco because nicotine in liquid form can be absorbed more quickly
even when diluted. Therefore, forms of liquid nicotine need to be
reviewed and scrutinized more than other tobacco and nicotine
products. This legislation brings an awareness of the extreme dangers
of these products by banning them from store shelves with the goal of
saving people's lives.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after this bill becomes law.

view full 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
                      [ ] is old law to be omitted.
                                                           LBD14550-09-4

S. 6939--B                          2

SEALED  CARTRIDGE THAT IS SOLD, MARKETED OR INTENDED FOR USE IN AN ELEC-
TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
HUNDRED NINETY-NINE-AA OF THE PUBLIC  HEALTH  LAW,  PROVIDED  THAT  SUCH
CARTRIDGE  IS PREFILLED AND SEALED BY THE MANUFACTURER, AND NOT INTENDED
TO BE OPENED BY THE CONSUMER.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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