S T A T E O F N E W Y O R K
________________________________________________________________________
9578
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 public health law, in relation to the sale of flavored
electronic cigarettes at low or no cost
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1399-aa of the public health law is amended by
adding two new subdivisions 14 and 15 to read as follows:
14. "FLAVORED ELECTRONIC CIGARETTE" OR "FLAVORED E-CIGARETTE" MEANS AN
ELECTRONIC CIGARETTE OR E-CIGARETTE, AS DEFINED IN SUBDIVISION THIRTEEN
OF THIS SECTION THAT CONTAINS A CHARACTERIZING FLAVOR IN ANY OF ITS
COMPONENT PARTS.
15. "CHARACTERIZING FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR
AROMA, INCLUDING BUT NOT LIMITED TO: ANY FRUIT; CHOCOLATE; VANILLA;
HONEY; CANDY; COCOA; DESSERT; ALCOHOLIC BEVERAGE; HERB; OR SPICE FLAVOR-
ING, BUT SHALL NOT INCLUDE: TOBACCO; CLOVE; OR MENTHOL.
§ 2. The section heading of section 1399-bb of the public health law,
as amended by chapter 4 of the laws of 2018, is amended and three new
subdivisions 6, 7 and 8 are added to read as follows:
Distribution of tobacco products, FLAVORED electronic cigarettes or
herbal cigarettes without charge.
6. NO PERSON, EITHER DIRECTLY OR INDIRECTLY BY AN AGENT OR EMPLOYEE OF
SUCH PERSON, OR BY A VENDING MACHINE OWNED BY OR LOCATED IN AN ESTAB-
LISHMENT OWNED BY SUCH PERSON, SHALL SELL, OFFER FOR SALE, DISTRIBUTE
FOR COMMERCIAL PURPOSES AT NO COST OR MINIMAL COST OR WITH COUPONS OR
REBATE OFFERS, GIVE OR FURNISH, TO A PERSON IN THIS STATE ANY FLAVORED
ELECTRONIC CIGARETTE AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-
AA OF THIS ARTICLE.
7. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
SUBDIVISION SIX OF THIS SECTION SHALL BE SUBJECT TO PENALTIES PURSUANT
TO SECTION THIRTEEN HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
8. VIOLATIONS OF SUBDIVISION SIX OF THIS SECTION SHALL BE ENFORCED
PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.