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.