The New York State Senate

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

                                  47--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by M. of A. L. ROSENTHAL, PAULIN, GALEF, SEAWRIGHT, BUCHWALD,
  JACOBSON,  FAHY,  JAFFEE,  D'URSO,  SMULLEN,  M. L. MILLER, GOTTFRIED,
  TAYLOR, RODRIGUEZ, COLTON, GRIFFIN, DINOWITZ,  ARROYO  --  Multi-Spon-
  sored  by  -- M.   of A. DeSTEFANO, WALSH -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

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

                      [ ] is old law to be omitted.
                                                           LBD01842-04-9

A. 47--A                            2

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
DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO  A
MANUFACTURER,  IT  SHALL  BE  AN  AFFIRMATIVE  DEFENSE  TO  A FINDING OF
VIOLATION PURSUANT TO THIS SECTION THAT SUCH SALE OR OFFER OF  SALE,  AS
APPLICABLE,  OCCURRED  WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION AND
INVOLVEMENT, DIRECT OR INDIRECT, OF  SUCH  MANUFACTURER.  VIOLATIONS  OF
THIS  SECTION  SHALL  BE  ENFORCED  PURSUANT TO SECTION THIRTEEN HUNDRED
NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT  ANY  PERSON  MAY  SUBMIT  A
COMPLAINT TO AN ENFORCEMENT OFFICER THAT A VIOLATION OF THIS SECTION HAS
OCCURRED.
  § 2. This act shall take effect immediately.