senate Bill S428A

2019-2020 Legislative Session

Relates to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Apr 29, 2019 amended on third reading 428a
Mar 04, 2019 advanced to third reading
Feb 28, 2019 2nd report cal.
Feb 27, 2019 1st report cal.189
Jan 09, 2019 referred to health

Votes

view votes

Feb 27, 2019 - Health committee Vote

S428
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 27, 2019

aye wr (1)
excused (1)

Co-Sponsors

S428 - Details

See Assembly Version of this Bill:
A47
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S8610, A8688

S428 - Summary

Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

S428 - Sponsor Memo

S428 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   428

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
  § 1399-MM-1. SALE OF FLAVORED E-LIQUID PROHIBITED. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "FLAVORED  E-LIQUID" SHALL MEAN A LIQUID COMPOSED OF NICOTINE AND
OTHER CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED  IN  AN
ELECTRONIC  CIGARETTE WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT
OR ADDITIVE THAT CAUSES SUCH E-LIQUID OR ITS SMOKE TO HAVE A  CHARACTER-
IZING FLAVOR.
  (B)  "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 OR MENTHOL.
  2. NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE  IN  THIS  STATE
ANY  FLAVORED  E-LIQUID  OR E-CIGARETTE CONTAINING FLAVORED E-LIQUID. NO
OTHER PROVISION OF LAW AUTHORIZING THE SALE OF  TOBACCO  PRODUCTS  SHALL
AUTHORIZE THE SALE OF FLAVORED E-LIQUID.
  3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS FOR EACH INDIVIDUAL PACKAGE OF FLAVORED E-LIQUID PRODUCT SOLD OR
OFFERED FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL  PENALTY  NOT
TO  EXCEED  FIFTY  THOUSAND  DOLLARS  FOR  EACH  BRAND  OR STYLE OF SUCH
MANUFACTURER'S TOBACCO PRODUCTS THAT IS  FOUND  TO  HAVE  BEEN  SOLD  OR
OFFERED  FOR SALE IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S428A (ACTIVE) - Details

See Assembly Version of this Bill:
A47
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S8610, A8688

S428A (ACTIVE) - Summary

Prohibits the sale and distribution of flavored e-liquid which creates a distinguishable flavor or aroma for use in e-cigarettes.

S428A (ACTIVE) - Sponsor Memo

S428A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 428--A
    Cal. No. 189

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. HOYLMAN, FUNKE, GOUNARDES -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
  § 1399-MM-1. SALE OF FLAVORED E-LIQUID PROHIBITED. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "FLAVORED  E-LIQUID"  SHALL  MEAN  A  LIQUID COMPOSED OF NICOTINE
AND/OR CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN  AN
ELECTRONIC  CIGARETTE WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT
OR ADDITIVE THAT CAUSES SUCH E-LIQUID OR ITS SMOKE TO HAVE A  CHARACTER-
IZING FLAVOR.
  (B)  "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR
AROMA, INCLUDING BUT NOT  LIMITED  TO  ANY  FRUIT,  CHOCOLATE,  VANILLA,
HONEY, CANDY, COCOA, DESSERT, MENTHOL, ALCOHOLIC BEVERAGE, HERB OR SPICE
FLAVORING, BUT SHALL NOT INCLUDE TOBACCO.
  2.  NO  PERSON  SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS STATE
ANY FLAVORED E-LIQUID OR E-CIGARETTE CONTAINING  FLAVORED  E-LIQUID.  NO
OTHER  PROVISION  OF  LAW AUTHORIZING THE SALE OF TOBACCO PRODUCTS SHALL
AUTHORIZE THE SALE OF FLAVORED E-LIQUID.
  3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT  MORE  THAN  ONE  HUNDRED
DOLLARS FOR EACH INDIVIDUAL PACKAGE OF FLAVORED E-LIQUID PRODUCT SOLD OR
OFFERED  FOR  SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.