S T A T E O F N E W Y O R K
________________________________________________________________________
7592
I N S E N A T E
January 29, 2018
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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