S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8688
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 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  prohibiting  the
   sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
   § 1399-MM-1. SALE OF FLAVORED E-LIQUID PROHIBITED. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "FLAVORED  E-LIQUID" SHALL MEAN A LIQUID COMPOSED OF NICOTINE AND
 OTHER CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED  IN  AN
 ELECTRONIC  CIGARETTE WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT
 OR ADDITIVE THAT CAUSES SUCH E-LIQUID OR ITS SMOKE TO HAVE A  CHARACTER-
 IZING FLAVOR.
   (B)  "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR
 AROMA, INCLUDING BUT NOT  LIMITED  TO  ANY  FRUIT,  CHOCOLATE,  VANILLA,
 HONEY,  CANDY, COCOA, DESSERT, ALCOHOLIC BEVERAGE, HERB OR SPICE FLAVOR-
 ING, BUT SHALL NOT INCLUDE TOBACCO OR MENTHOL.
   2. NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE  IN  THIS  STATE
 ANY  FLAVORED  E-LIQUID  OR E-CIGARETTE CONTAINING FLAVORED E-LIQUID. NO
 OTHER PROVISION OF LAW AUTHORIZING THE SALE OF  TOBACCO  PRODUCTS  SHALL
 AUTHORIZE THE SALE OF FLAVORED E-LIQUID.
   3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
 THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
 DOLLARS FOR EACH INDIVIDUAL PACKAGE OF FLAVORED E-LIQUID PRODUCT SOLD OR
 OFFERED FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL  PENALTY  NOT
 TO  EXCEED  FIFTY  THOUSAND  DOLLARS  FOR  EACH  BRAND  OR STYLE OF SUCH
 MANUFACTURER'S TOBACCO PRODUCTS THAT IS  FOUND  TO  HAVE  BEEN  SOLD  OR
 OFFERED  FOR SALE IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION
 DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13378-01-7

 A. 8688                             2
 
 MANUFACTURER,  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO  A FINDING OF
 VIOLATION PURSUANT TO THIS SECTION THAT SUCH SALE OR OFFER OF  SALE,  AS
 APPLICABLE,  OCCURRED  WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION AND
 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 immediately.