Assembly Bill A9790

2017-2018 Legislative Session

Requires retailers to obtain a permit to sell vapor products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A9790 (ACTIVE) - Details

See Senate Version of this Bill:
S7592
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L

2017-A9790 (ACTIVE) - Summary

Provides that a retailer shall obtain a permit to sell vapor products; further provides that the term of such permit shall be five years; directs the department of state to promulgate any necessary rules and regulations; defines terms.

2017-A9790 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9790
 
                           I N  A S S E M B L Y
 
                             February 9, 2018
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   retailers to obtain a permit to sell vapor products
 
   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
 399-hh to read as follows:
   § 399-HH. PERMITS FOR SALE OF VAPOR PRODUCTS. 1. "VAPOR PRODUCT" MEANS
 ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARDLESS  OF  PRESENCE  OF  NICOTINE
 THEREIN,  THAT  IS  MANUFACTURED  INTO  A FINISHED PRODUCT FOR USE IN AN
 ELECTRONIC CIGARETTE, ELECTRONIC CIGAR, ELECTRONIC CIGARILLO, ELECTRONIC
 PIPE, VAPING PEN, HOOKAH PEN OR OTHER SIMILAR  DEVICE.  "VAPOR  PRODUCT"
 SHALL  INCLUDE  TOBACCO THAT IS MANUFACTURED INTO A FINISHED PRODUCT FOR
 USE IN A  DEVICE  WHICH  HEATS  THE  TOBACCO  BUT  DOES  NOT  RESULT  IN
 COMBUSTION.  "VAPOR  PRODUCT"  SHALL NOT INCLUDE ANY PRODUCT APPROVED BY
 THE UNITED STATES FOOD AND DRUG ADMINISTRATION  AS  A  DRUG  OR  MEDICAL
 DEVICE.
   2.  "RETAILER"  MEANS ANY ESTABLISHMENT IN THE STATE OF NEW YORK WHICH
 SELLS OR INTENDS TO SELL VAPOR PRODUCTS.
   3. EVERY RETAILER REGISTERED TO DO BUSINESS IN THE STATE OF  NEW  YORK
 THAT INTENDS TO SELL VAPOR PRODUCTS SHALL BE REQUIRED TO OBTAIN A PERMIT
 IN  ORDER  TO  SELL  VAPOR PRODUCTS IN NEW YORK STATE. THE DEPARTMENT OF
 STATE SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR GOVERNING
 THE PROCESS WHEREBY A RETAILER CAN APPLY FOR AND  RECEIVE  A  PERMIT  TO
 SELL  VAPOR  PRODUCTS  IN  NEW YORK STATE. RETAILERS WITH A PERMIT SHALL
 RENEW SUCH PERMIT ONCE EVERY FIVE YEARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14529-02-8

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