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Assembly Bill A9553

2019-2020 Legislative Session

Prohibits the sale of electronic cigarettes that contains certain toxic metals and requires the department of health to study the long term health effects of using electronic cigarettes

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Archive: Last Bill Status - In Assembly Committee

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2019-A9553 (ACTIVE) - Details

See Senate Version of this Bill:
S7050
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-gg-1, amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A637, S5106
2023-2024: A188, S2133
2025-2026: A647, S435

2019-A9553 (ACTIVE) - Summary

Prohibits the sale of electronic cigarettes that contain certain toxic metals, requires the department of health to establish a list of prohibited toxic metals and requires the department of health to study the long term health effects of using electronic cigarettes.

2019-A9553 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9553
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 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  of  electronic  cigarettes that contain certain toxic metals and
   requiring the department of health  to  study  the  long  term  health
   effects of using electronic cigarettes

   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 SALE OF ELECTRONIC CIGARETTES THAT
 CONTAIN TOXIC METALS.   1. THE DEPARTMENT  SHALL  ESTABLISH  A  LIST  OF
 TOXINS  WHICH  PERSONS ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING
 OR OTHERWISE DISTRIBUTING 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,  MANGANESE,  NICKEL,  CHROMIUM,  ZINC AND OTHER TOXIC METALS. SUCH
 LIST SHALL BE REGULARLY UPDATED AND SHALL BE PUBLISHED  ON  THE  DEPART-
 MENT'S WEBSITE.
   2.  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 ONE OF THIS SECTION, INCLUDING IN THE
 HEATING ELEMENT OR ANY OTHER INTERNAL  PART  OF  SUCH  ELECTRONIC  CIGA-
 RETTES.
   §  2.  The  department  of health shall promulgate any rules and regu-
 lations, including, but not limited to establishing  a  list  of  toxins
 that  are  prohibited  in  the  manufacture  of electronic cigarettes as
 required by section thirteen  hundred  ninety-nine-gg-1  of  the  public
 health law, as added by section one of this act.
   §  3. 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.

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