NY State Senate Bill 2021-S174

Senate Bill S174

2021-2022 Legislative Session

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 06, 2021	referred to health

2021-S174 (ACTIVE) - Details

See Assembly Version of this Bill:: A332
Current Committee:: Senate Health
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9309
2015-2016: A635
2017-2018: A325
2019-2020: S6697, A1022
2023-2024: S516, A2187
2025-2026: A1636

2021-S174 (ACTIVE) - Summary

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge.

2021-S174 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S174

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
provision of any quantity of an electronic liquid

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of refillable electronic liquids, liquid nicotine
or e-liquids.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section 2 1399-cc-1.

Subdivision 1 prohibits the sale of refillable electronic liquids,
liquid nicotine, or e-liquids by any person, firm, partnership, company,
corporation, or online seller.

Subdivision 2 provides that any person, firm, partnership, company,
corporation, or online seller that violates the provisions of this
section shall be subject to a civil penalty of up to one thousand
dollars for each separate violation.

Subdivision 3 defines "liquid nicotine", "electronic liquid", or "e-li-
quid" as a liquid composed of nicotine and other chemicals which is sold
as a product that may be used in an electronic cigarette.

Section 2 is the effective date.

 
JUSTIFICATION:

In recent months, there have been over 54 deaths nationwide linked to
severe lung injury. These lung injury-related deaths have been linked to
electronic cigarettes and vaping-related chemicals. Health officials
nationwide are now investigating more than 2,500 cases of possible
vaping-related illnesses in all 50 states. The Centers for Disease
Control (CDC) stated that some type of chemical exposure is likely asso-
ciated with the deaths and illnesses. Although the CDC did not identify
any particular brand of e-cigarette, it expressed concern about any
product sold on the street or tampered with by users. As more informa-
tion is gathered to determine the exact cause, New York State must take
precautions to prevent deaths and severe illnesses amongst its resi-
dents.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.6697 (Thomas) - Reported and Committed to Rules. 2019: S.6697
(Thomas) - Referred to Rules.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day.

2021-S174 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    174
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the general business law, in relation to prohibiting the
   provision of any quantity of an electronic liquid

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  general  business  law  is amended by adding a new
 section 391-v to read as follows:
   § 391-V. ELECTRONIC LIQUIDS OR E-LIQUIDS; PROHIBITION. 1.  NO  PERSON,
 FIRM,  CORPORATION,  PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY
 OR OTHER ENTITY SHALL SELL, OFFER TO  SELL  OR  GIVE  AWAY,  FOR  EITHER
 RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, AN ELECTRONIC LIQUID OR E-LI-
 QUID  USED  TO  REFILL  AN ELECTRONIC CIGARETTE OR CARTRIDGE.  PROVIDED,
 HOWEVER, THAT  THE  COMMISSIONER  OF  HEALTH  MAY  EXEMPT  A  REGISTERED
 IN-STATE MANUFACTURER OF E-LIQUIDS FROM THE PROVISION OF THIS SECTION.
   2.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF SUBDI-
 VISION ONE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL  PENALTY  OF  NOT
 MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR  EACH SEPARATE VIOLATION OF SUCH
 SUBDIVISION, TO BE RECOVERED BY ANY ENFORCEMENT AUTHORITY DESIGNATED  BY
 A   MUNICIPALITY  OR  POLITICAL  SUBDIVISION  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, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN  AN  ELEC-
 TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
 HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW.
   4.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LIQUID NICO-
 TINE, ELECTRONIC LIQUID OR E-LIQUID THAT IS CONTAINED  IN  A  PREFILLED,
 SEALED  CARTRIDGE THAT IS SOLD, MARKETED OR INTENDED FOR USE IN AN ELEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00483-01-1

 S. 174                              2
 
 TRONIC CIGARETTE, AS DEFINED BY SUBDIVISION THIRTEEN OF SECTION THIRTEEN
 HUNDRED NINETY-NINE-AA OF THE PUBLIC  HEALTH  LAW,  PROVIDED  THAT  SUCH
 CARTRIDGE  IS PREFILLED AND SEALED BY THE MANUFACTURER, AND NOT INTENDED
 TO BE OPENED BY THE CONSUMER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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