The New York State Senate

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

                                  1022

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Health

AN ACT to amend the general business law, in relation to prohibiting the
  provision of any quantity of an electronic liquid

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  general  business  law  is amended by adding a new
section 391-u to read as follows:
  § 391-U. ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1.  NO  PERSON,
FIRM,  CORPORATION,  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
OR OTHER ENTITY SHALL SELL, OFFER TO  SELL  OR  GIVE  AWAY,  FOR  EITHER
RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
QUID  USED  TO  REFILL  AN ELECTRONIC CIGARETTE OR CARTRIDGE.  PROVIDED,
HOWEVER, THAT  THE  COMMISSIONER  OF  HEALTH  MAY  EXEMPT  A  REGISTERED
IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.
  2.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
VISION ONE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR  EACH SEPARATE VIOLATION OF SUCH
SUBDIVISION, TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED  BY
A   MUNICIPALITY  OR  POLITICAL  SUBDIVISION  IN  WHICH  SUCH  VIOLATION
OCCURRED.
  3. FOR THE PURPOSES OF THIS SECTION,  "LIQUID  NICOTINE",  "ELECTRONIC
LIQUID"  OR  "E-LIQUID"  MEANS  A  LIQUID COMPOSED OF NICOTINE AND OTHER
CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN  AN  ELEC-
TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
  4.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LIQUID NICO-
TINE, ELECTRONIC LIQUID OR E-LIQUID THAT IS CONTAINED  IN  A  PREFILLED,
SEALED  CARTRIDGE THAT IS SOLD, MARKETED OR INTENDED FOR USE IN AN ELEC-
TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00522-01-9

A. 1022                             2

HUNDRED NINETY-NINE-AA OF THE PUBLIC  HEALTH  LAW,  PROVIDED  THAT  SUCH
CARTRIDGE  IS PREFILLED AND SEALED BY THE MANUFACTURER, AND NOT INTENDED
TO BE OPENED BY THE CONSUMER.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.