senate Bill S6073

2019-2020 Legislative Session

Relates to the online sale of vaping products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
Jun 20, 2019 recommitted to rules
Jun 18, 2019 ordered to third reading cal.1518
committee discharged and committed to rules
May 16, 2019 referred to health

Votes

view votes

Jun 18, 2019 - Rules committee Vote

S6073
17
1
committee
17
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S6073 (ACTIVE) - Details

See Assembly Version of this Bill:
A8631
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ddd, Pub Health L

S6073 (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.

S6073 (ACTIVE) - Sponsor Memo

S6073 (ACTIVE) - Bill Text download pdf


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

                                  6073

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 16, 2019
                               ___________

Introduced  by  Sen.  BROOKS -- 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 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.

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