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.