Assembly Bill A8626

2019-2020 Legislative Session

Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A8626 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A649
2023-2024: A83

2019-A8626 (ACTIVE) - Summary

Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval; imposes penalties of not less than ten thousand dollars for violations.

2019-A8626 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8626
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale or distribution of electronic cigarettes without federal food and
   drug administration premarket order of approval

   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-cc-1 to read as follows:
   §  1399-CC-1.  SALE  OR  DISTRIBUTION OF ELECTRONIC CIGARETTES LACKING
 FEDERAL FOOD AND DRUG ADMINISTRATION PREMARKET ORDER OF APPROVAL PROHIB-
 ITED. 1. THE SALE OR DISTRIBUTION BY AN ESTABLISHMENT OF  AN  ELECTRONIC
 CIGARETTE IS PROHIBITED WHERE THE ELECTRONIC CIGARETTE:
   (A) IS A NEW TOBACCO PRODUCT;
   (B)  REQUIRES  PREMARKET  REVIEW  UNDER  21  U.S.C.  § 387J, AS MAY BE
 AMENDED FROM TIME TO TIME; AND
   (C) DOES  NOT  HAVE  A  PREMARKET  REVIEW  ORDER  UNDER  21  U.S.C.  §
 387J(C)(1)(A)(I), AS MAY BE AMENDED FROM TIME TO TIME.
  2.  ANY  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF  THIS
 SECTION  SHALL  BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TEN THOU-
 SAND DOLLARS PER VIOLATION, RECOVERABLE IN AN  ACTION  BY  THE  ATTORNEY
 GENERAL  OR  BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
 OR POLITICAL SUBDIVISION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13748-01-9

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