S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    637
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale  of  electronic  cigarettes that contain certain toxic metals and
   requiring the department of health  to  study  the  long  term  health
   effects of using electronic 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-gg-1 to read as follows:
   §  1399-GG-1.  PROHIBITION  ON  THE SALE OF ELECTRONIC CIGARETTES THAT
 CONTAIN TOXIC METALS.   1. THE DEPARTMENT  SHALL  ESTABLISH  A  LIST  OF
 TOXINS  WHICH  PERSONS ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING
 OR OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE
 OF SUCH PERSON SHALL BE PROHIBITED FROM USING IN THE MANUFACTURE OF SUCH
 ELECTRONIC CIGARETTES. SUCH LIST SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LEAD,  MANGANESE,  NICKEL,  CHROMIUM,  ZINC AND OTHER TOXIC METALS. SUCH
 LIST SHALL BE REGULARLY UPDATED AND SHALL BE PUBLISHED  ON  THE  DEPART-
 MENT'S WEBSITE.
   2.  NO  PERSON  ENGAGED  IN  THE BUSINESS OF MANUFACTURING, SELLING OR
 OTHERWISE DISTRIBUTING ELECTRONIC CIGARETTES OR ANY AGENT OR EMPLOYEE OF
 SUCH PERSON SHALL MANUFACTURE, SELL, OR OTHERWISE DISTRIBUTE  ELECTRONIC
 CIGARETTES  THAT CONTAIN A TOXIN INCLUDED ON THE LIST ESTABLISHED BY THE
 DEPARTMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING IN THE
 HEATING ELEMENT OR ANY OTHER INTERNAL  PART  OF  SUCH  ELECTRONIC  CIGA-
 RETTES.
   §  2.  The  department  of health shall promulgate any rules and regu-
 lations, including, but not limited to establishing  a  list  of  toxins
 that  are  prohibited  in  the  manufacture  of electronic cigarettes as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD00369-01-1
 A. 637                              2
 
 required by section thirteen  hundred  ninety-nine-gg-1  of  the  public
 health law, as added by section one of this act.
   §  3. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) DIRECT THE DEPARTMENT TO STUDY THE LONG  TERM  HEALTH  EFFECTS  ON
 USERS  OF  ELECTRONIC  CIGARETTES.  SUCH STUDY SHALL INCLUDE DATA ON THE
 LONG TERM HEALTH EFFECTS OF INHALING HEATED AEROSOLS CONTAINED IN  ELEC-
 TRONIC CIGARETTES.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act shall be made and completed on or before such  effec-
 tive date.