S T A T E O F N E W Y O R K
________________________________________________________________________
8627
2019-2020 Regular Sessions
I N A S S E M B L Y
October 2, 2019
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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
use of toxic metals in electronic cigarettes and requiring the depart-
ment of health to study the long term health effects of electronic
cigarette users
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-gg-1 to read as follows:
§ 1399-GG-1. PROHIBITION ON THE USE OF TOXIC METALS IN ELECTRONIC
CIGARETTES. 1. ANY PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING,
SELLING OR OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR
EMPLOYEE OF SUCH PERSON SHALL DISCLOSE TO THE DEPARTMENT THE MATERIALS
USED IN THE HARDWARE OF THE ELECTRONIC CIGARETTE.
2. THE DEPARTMENT SHALL ESTABLISH A LIST OF TOXINS WHICH PERSONS
ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING OR OTHERWISE DISTRIB-
UTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE OF SUCH PERSON
SHALL BE PROHIBITED FROM USING IN THE MANUFACTURE OF SUCH ELECTRONIC
CIGARETTES. SUCH LIST SHALL INCLUDE, BUT NOT BE LIMITED TO, LEAD, MANGA-
NESE AND OTHER TOXIC METALS. SUCH LIST SHALL BE REGULARLY UPDATED AND
SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
3. NO PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING OR
OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE OF
SUCH PERSON SHALL MANUFACTURE, SELL, OR OTHERWISE DISTRIBUTE ELECTRONIC
CIGARETTES THAT CONTAIN A TOXIN INCLUDED ON THE LIST ESTABLISHED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION, INCLUDING IN THE
HEATING ELEMENT OR ANY OTHER INTERNAL PART OF SUCH ELECTRONIC CIGA-
RETTES.
§ 2. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (w) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13850-01-9
A. 8627 2
(W) DIRECT THE DEPARTMENT TO STUDY THE LONG TERM HEALTH EFFECTS ON
USERS OF ELECTRONIC CIGARETTES. SUCH STUDY SHALL INCLUDE DATA ON THE
LONG TERM HEALTH EFFECTS OF INHALING HEATED AEROSOLS CONTAINED IN ELEC-
TRONIC CIGARETTES.
§ 3. This act shall take effect immediately.