assembly Bill A47A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2019 print number 47a
Apr 26, 2019 amend and recommit to codes
Feb 28, 2019 reported referred to codes
Jan 09, 2019 referred to health

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A47 - Details

See Senate Version of this Bill:
S428
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A8688, S8610

A47 - Summary

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

A47 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   47

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD,
  MONTESANO -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A47A (ACTIVE) - Details

See Senate Version of this Bill:
S428
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A8688, S8610

A47A (ACTIVE) - Summary

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

A47A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  47--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD,
  JACOBSON,  FAHY,  JAFFEE,  D'URSO,  SMULLEN,  M. L. MILLER, GOTTFRIED,
  TAYLOR, RODRIGUEZ, COLTON, GRIFFIN, DINOWITZ,  ARROYO  --  Multi-Spon-
  sored  by  -- M.   of A. DeSTEFANO, WALSH -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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/OR 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, MENTHOL, ALCOHOLIC BEVERAGE, HERB OR SPICE
FLAVORING, BUT SHALL NOT INCLUDE TOBACCO.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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