S T A T E O F N E W Y O R K
________________________________________________________________________
8630--A
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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the general business law, in
relation to the labeling of electronic cigarette products and packag-
ing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 1399-cc of the public health law,
as amended by chapter 100 of the laws of 2019, is amended to read as
follows:
7. No person operating a place of business wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are
sold or offered for sale shall sell, permit to be sold, offer for sale
or display for sale any tobacco product, herbal cigarettes, liquid nico-
tine, shisha or electronic cigarettes in any manner, unless such
products and cigarettes are stored for sale (a) behind a counter in an
area accessible only to the personnel of such business, or (b) in a
locked container; provided, however, such restriction shall not apply to
tobacco businesses, as defined in subdivision eight of section thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons twenty-one years of age or older. PROVIDED,
FURTHER, THAT, IN THE CASE OF ELECTRONIC CIGARETTES, THE PRODUCT AND THE
PACKAGES THEREOF SHALL COMPLY WITH THE PROVISIONS OF SECTION THREE
HUNDRED NINETY-EIGHT-G OF THE GENERAL BUSINESS LAW.
§ 2. The general business law is amended by adding a new section 398-g
to read as follows:
§ 398-G. ELECTRONIC CIGARETTE PRODUCT AND PACKAGE LABELING. 1. EVERY
PACKAGE CONTAINING AN ELECTRONIC CIGARETTE AND THE ELECTRONIC CIGARETTE
ITSELF, AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED
NINETY-NINE-AA OF THE PUBLIC HEALTH LAW, SOLD, OFFERED FOR SALE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13843-03-9
A. 8630--A 2
OTHERWISE DISTRIBUTED WITHOUT CHARGE WITHIN THIS STATE, SHALL BE
DESIGNED BY THE DEPARTMENT OF HEALTH AND SUCH PACKAGE CONTAINING AN
ELECTRONIC CIGARETTE AND THE ELECTRONIC CIGARETTE ITSELF SHALL INCLUDE
PRINTED THEREON OR ATTACHED THERETO A HEALTH WARNING AND DISCLAIMER
LABEL DESIGNED BY THE DEPARTMENT OF HEALTH.
2. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION WHO VIOLATES THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
§ 3. The department of health shall design and standardize all elec-
tronic cigarette designs, including, but not limited to, the electronic
cigarette itself, the electronic cigarette packaging, a prominent health
warning and disclaimer on the actual product and the packaging of such
product.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the amendments to subdivision
7 of section 1399-cc of the public health law made by section one of
this act shall be deemed to have been in full force and effect on the
same date and in the same manner as chapter 100 of the laws of 2019,
took effect. 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.