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

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-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

2019-S428 - Summary

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

2019-S428 - Sponsor Memo

2019-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

2019-S428A - 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

2019-S428A - Summary

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

2019-S428A - Sponsor Memo

2019-S428A - 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
 
              

co-Sponsors

2019-S428B (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

2019-S428B (ACTIVE) - Summary

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

2019-S428B (ACTIVE) - Sponsor Memo

2019-S428B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  428--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, CARLUCCI, COMRIE, FUNKE, GOUNARDES, JACK-
   SON, KAPLAN,  KRUEGER,  LIU,  METZGER,  MONTGOMERY,  PARKER,  SALAZAR,
   SERRANO, THOMAS -- 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  --  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 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 ANY AEROSOL, EMISSION, OR VAPOR
 OF SUCH E-LIQUID TO HAVE A CHARACTERIZING 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 THE TASTE OR AROMA OF 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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