S T A T E O F N E W Y O R K
________________________________________________________________________
8105
2019-2020 Regular Sessions
I N A S S E M B L Y
June 3, 2019
___________
Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to establishing maxi-
mum nicotine levels for electronic cigarettes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-aa of the public health law is amended by
adding a new subdivision 14 to read as follows:
14. "E-LIQUID" MEANS A LIQUID COMPOSED OF NICOTINE AND OTHER CHEMI-
CALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC
CIGARETTE.
§ 2. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, is amended to read as follows:
§ 1399-dd. Sale AND MANUFACTURE of tobacco products, herbal cigarettes
or electronic cigarettes [in vending machines]. 1. No person, firm,
partnership, company or corporation shall operate a vending machine
which dispenses tobacco products, herbal cigarettes or electronic ciga-
rettes unless such machine is located: (a) in a bar as defined in subdi-
vision one of section thirteen hundred ninety-nine-n of this chapter, or
the bar area of a food service establishment with a valid, on-premises
full liquor license; (b) in a private club; (c) in a tobacco business as
defined in subdivision eight of section thirteen hundred ninety-nine-aa
of this article; or (d) in a place of employment which has an insignif-
icant portion of its regular workforce comprised of people under the age
of eighteen years and only in such locations that are not accessible to
the general public; provided, however, that in such locations the vend-
ing machine is located in plain view and under the direct supervision
and control of the person in charge of the location or his or her desig-
nated agent or employee.
2. (A) NO PERSON, FIRM, PARTNERSHIP, COMPANY, OR CORPORATION ENGAGED
IN THE BUSINESS OF MANUFACTURING ELECTRONIC CIGARETTES OR E-LIQUIDS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11728-01-9
A. 8105 2
SHALL MANUFACTURE OR CAUSE TO BE MANUFACTURED IN THIS STATE ANY ELEC-
TRONIC CIGARETTE OR E-LIQUID CONTAINING A NICOTINE LEVEL ABOVE TWO
PERCENT.
(B) ANY PERSON, FIRM, PARTNERSHIP, COMPANY, OR CORPORATION WHO
VIOLATES THIS SUBDIVISION, OR ANY RULE OR REGULATION PROMULGATED PURSU-
ANT THERETO, MAY BE ASSESSED BY THE COMMISSIONER, A CIVIL PENALTY FOR
EACH SUCH VIOLATION. EACH VIOLATION AND EACH DAY DURING WHICH A
VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE VIOLATION.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.