assembly Bill A8688

2017-2018 Legislative Session

Relates to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 reported referred to codes
Jan 03, 2018 referred to health
Sep 25, 2017 referred to health

Co-Sponsors

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A8688 (ACTIVE) - Details

See Senate Version of this Bill:
S8610
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A47, S428

A8688 (ACTIVE) - Summary

Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

A8688 (ACTIVE) - Bill Text download pdf


                    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.

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