Senate Bill S6743

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6743--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 23, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the public health law, in relation to the disclosure,
   testing and reporting of vapor products and to amend the public health
   law and the general business law, in relation to the labeling of elec-
   tronic cigarette and vapor products packaging
 
   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 a new subdivision 14 to read as follows:
   14. "VAPOR PRODUCT" MEANS ANY NON-COMBUSTIBLE LIQUID OR  GEL,  REGARD-
 LESS  OF  THE  PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
 FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE,  ELECTRONIC  CIGAR,
 ELECTRONIC  CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN, OR OTHER
 SIMILAR DEVICE.
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-mm-1 to read as follows:
   §  1399-MM-1.  DISCLOSURE, TESTING AND REPORTING; ELECTRONIC CIGARETTE
 AND VAPOR PRODUCT. 1. ON AND AFTER THE EFFECTIVE DATE OF  THIS  SECTION,
 EACH  ELECTRONIC CIGARETTE OR VAPOR PRODUCT MANUFACTURER OR IMPORTER, OR
 AGENTS THEREOF, SHALL SUBMIT TO THE DEPARTMENT  THE  FOLLOWING  INFORMA-
 TION:
   (A) A LISTING OF ALL INGREDIENTS, INCLUDING SUBSTANCES, COMPOUNDS, AND
 ADDITIVES  THAT  ARE,  AS  OF  SUCH DATE, ADDED BY THE MANUFACTURER TO A
 VAPOR PRODUCT;
   (B) A DESCRIPTION OF THE CONTENT, DELIVERY, AND FORM  OF  NICOTINE  IN
 EACH VAPOR PRODUCT MEASURED IN MILLIGRAMS OF NICOTINE IN ACCORDANCE WITH
 REGULATIONS PROMULGATED BY THE DEPARTMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13862-04-9
              

 S. 6743--A                          2
 
   (C)  A  LISTING  OF  ALL CONSTITUENTS, INCLUDING SMOKE CONSTITUENTS AS
 APPLICABLE, IDENTIFIED BY THE DEPARTMENT AS HARMFUL OR POTENTIALLY HARM-
 FUL TO HEALTH IN EACH VAPOR PRODUCT BY BRAND AND  BY  QUANTITY  IN  EACH
 BRAND  AND  SUB-BRAND. THE MANUFACTURER, IMPORTER, OR AGENT SHALL COMPLY
 WITH REGULATIONS PROMULGATED UNDER THIS SECTION, WHERE APPLICABLE.
   2.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO CONDUCT OR TO REQUIRE
 THE TESTING, REPORTING, OR DISCLOSURE  OF  VAPOR  PRODUCT  CONSTITUENTS,
 INCLUDING SMOKE CONSTITUENTS.
   §  3.  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 AND VAPOR PRODUCTS,
 THE PACKAGES THEREOF SHALL COMPLY WITH THE PROVISIONS OF  SECTION  THREE
 HUNDRED NINETY-EIGHT-G OF THE GENERAL BUSINESS LAW.
   § 4. The general business law is amended by adding a new section 398-g
 to read as follows:
   §  398-G.  ELECTRONIC CIGARETTE AND VAPOR PRODUCT PACKAGE LABELING. 1.
 EVERY PACKAGE CONTAINING AN ELECTRONIC CIGARETTE, AS DEFINED IN SUBDIVI-
 SION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF  THE  PUBLIC
 HEALTH  LAW,  OR  A VAPOR PRODUCT, AS DEFINED IN SUBDIVISION FOURTEEN OF
 SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW,  SOLD,
 OFFERED  FOR  SALE  OR  OTHERWISE DISTRIBUTED WITHOUT CHARGE WITHIN THIS
 STATE, SHALL HAVE PRINTED THEREON OR ATTACHED THERETO A LIST OF INGREDI-
 ENTS, INCLUDING BUT NOT LIMITED TO, THE  NICOTINE  LEVEL  BY  VOLUME  OF
 PRODUCT.
   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.
   § 5. The department of health shall promulgate any necessary rules and
 regulations,  including,  but  not limited to, requiring the testing and
 reporting of vapor product  constituents,  ingredients,  and  additives,
 including vapor constituents, by brand and sub-brand that the department
 determines should be tested to protect the public health.
   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law; provided however, that the amendments to
 subdivision 7 of section 1399-cc  of  the  public  health  law  made  by
 section  three of this act shall take effect on the same date and in the
 same manner as chapter 100 of the laws of 2019, takes effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.