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Senate Bill S5098

2021-2022 Legislative Session

Prohibits the sale of flavored self-contained, disposable vapor products

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Health Committee

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2021-S5098 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1399-m-1, Pub Health L

2021-S5098 (ACTIVE) - Summary

Prohibits the sale of flavored self-contained, disposable vapor products.

2021-S5098 (ACTIVE) - Sponsor Memo

2021-S5098 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5098
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 of flavored self-contained, disposable vapor products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1399-mm-1  of  the  public  health
 law, as added by section 1 of part EE of chapter 56 of the laws of 2020,
 is amended to read as follows:
   1.  For  the  purposes of this section "flavored" shall mean any vapor
 product, INCLUDING SELF-CONTAINED, DISPOSABLE VAPOR  PRODUCTS,  intended
 or  reasonably  expected to be used with or for the consumption of nico-
 tine, with a distinguishable taste or aroma, other  than  the  taste  or
 aroma of tobacco, imparted either prior to or during consumption of such
 product or a component part thereof, including but not limited to tastes
 or  aromas  relating  to  any  fruit,  chocolate, vanilla, honey, candy,
 cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb  or
 spice,  or  any  concept  flavor  that  imparts a taste or aroma that is
 distinguishable from tobacco flavor but may not relate to any particular
 known flavor. A vapor product intended or reasonably expected to be used
 with or for the  consumption  of  nicotine,  shall  be  presumed  to  be
 flavored  if  a  product's  retailer,  manufacturer, or a manufacturer's
 agent or employee has made a statement or claim directed to consumers or
 the public, whether expressed or implied, that such  product  or  device
 has  a  distinguishable  taste or aroma other than the taste or aroma of
 tobacco.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09705-01-1

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