assembly Bill A8631

2019-2020 Legislative Session

Relates to the online sale of vaping products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
Oct 02, 2019 referred to health

Co-Sponsors

A8631 (ACTIVE) - Details

See Senate Version of this Bill:
S6073
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ddd, Pub Health L

A8631 (ACTIVE) - Summary

Regulates the online sale of vaping products and requires proof of identification to show a purchaser is over the age of twenty-one.

A8631 (ACTIVE) - Bill Text download pdf


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

                                  8631

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2019
                               ___________

Introduced by M. of A. D'URSO -- read once and referred to the Committee
  on Health

AN  ACT to amend the public health law, in relation to the regulation of
  electronic distributors of vaping products

  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-ddd to read as follows:
  § 1399-DDD. ONLINE SALE OF VAPING PRODUCTS. 1.  (A)  FOR  PURPOSES  OF
THIS  SECTION,  "VAPING"  OR  "VAPING PRODUCTS" SHALL MEAN THE USE OF AN
ELECTRONIC CIGARETTE OR ANY PRODUCTS ASSOCIATED WITH THE USE OF SUCH.
  (B) "ELECTRONIC DISTRIBUTOR" SHALL MEAN ANY LICENSED PERSON  OR  BUSI-
NESS  WHO  ADVERTISES  AND  SELLS  VAPING  PRODUCTS TO THE PUBLIC ONLINE
THROUGH A WEBSITE, WHERE AN INDIVIDUAL IS ABLE TO PURCHASE SUCH PRODUCTS
AND HAVE THEM DELIVERED DIRECTLY.
  2. ALL ELECTRONIC DISTRIBUTORS OF VAPING PRODUCTS  SHALL  ENSURE  THAT
THE  OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP SUCH VAPING PRODUCT
DIRECTLY TO A NEW YORK RESIDENT OR ANY RESIDENT OUTSIDE OF THE STATE  IS
CLEARLY  AND  CONSPICUOUSLY  LABELED  WITH  THE WORDS: "CONTAINS TOBACCO
PRODUCTS-SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT
FOR RESALE" OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE  DEPART-
MENT.
  3.  (A)  ALL  ELECTRONIC  DISTRIBUTORS SHALL CLEARLY AND CONSPICUOUSLY
PROVIDE NOTICE ON THEIR WEBSITE THAT A  PURCHASER  SHALL  BE  TWENTY-ONE
YEARS  OF  AGE  IN  ORDER  TO  PURCHASE SUCH VAPING PRODUCTS. ELECTRONIC
DISTRIBUTORS SHALL BE RESPONSIBLE FOR TAKING  THE  NECESSARY  STEPS  AND
EXERCISING  DUE  DILIGENCE  IN  PREVENTING  MINORS FROM HAVING ACCESS TO
PURCHASE VAPING PRODUCTS FROM THEIR WEBSITES.
  (B) THE DEPARTMENT OF HEALTH SHALL HAVE THE AUTHORITY  TO  CONDUCT  AN
INVESTIGATION,  WHERE  NECESSARY,  INTO  ANY  ELECTRONIC DISTRIBUTOR AND
THEIR  WEBSITE  TO  DETERMINE  IF  SUCH   DISTRIBUTOR   HAS   SUFFICIENT

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