The New York State Senate

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

                                 6697--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            September 9, 2019
                               ___________

Introduced  by  Sens.  THOMAS, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale  of certain refills for electronic cigarettes or electronic ciga-
  rette cartridges

  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-cc-1 to read as follows:
  § 1399-CC-1. SALE OF REFILLABLE ELECTRONIC LIQUIDS, LIQUID NICOTINE OR
E-LIQUIDS PROHIBITED. 1. NO PERSON, FIRM, PARTNERSHIP,  COMPANY,  CORPO-
RATION  OR  ONLINE SELLER SHALL SELL, OFFER TO SELL OR GIVE AWAY FOR ANY
PURPOSE, AN ELECTRONIC LIQUID, LIQUID  NICOTINE,  OR  E-LIQUID  USED  TO
REFILL  AN  ELECTRONIC  CIGARETTE  OR  ELECTRONIC  CIGARETTE  CARTRIDGE;
PROVIDED, HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY  TO  ANY  ELEC-
TRONIC  LIQUID,  LIQUID  NICOTINE  OR  E-LIQUID  THAT  IS CONTAINED IN A
TAMPER-PROOF CARTRIDGE THAT IS PREFILLED AND SEALED BY THE  MANUFACTURER
AND  IS  SOLD,  MARKETED, OR INTENDED FOR USE IN AN ELECTRONIC CIGARETTE
AND IS NOT DESIGNED TO BE OPENED BY THE CONSUMER.
  2. ANY PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR ONLINE SELL-
ER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE  SUBJECT  TO  A
CIVIL  PENALTY  OF  NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH SEPARATE
VIOLATION OF THIS SECTION. SUCH CIVIL PENALTY SHALL BE RECOVERED BY  ANY
ENFORCEMENT AUTHORITY DESIGNATED BY A MUNICIPALITY OR POLITICAL SUBDIVI-
SION 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  WHICH  IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13747-04-9

S. 6697--A                          2

CIGARETTE, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF  THE
PUBLIC HEALTH LAW.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.