§ 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
of this section "flavored" shall mean any vapor product intended or
reasonably expected to be used with or for the consumption of nicotine,
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. No vapor products dealer, or any agent or employee of a vapor
products dealer, shall sell or offer for sale at retail in the state any
flavored vapor product intended or reasonably expected to be used with
or for the consumption of nicotine.

3. Any vapor products dealer, or any agent or employee of a vapor
products dealer, who violates the provisions of this section shall be
subject to a civil penalty of not more than one hundred dollars for each
individual package of flavored vapor product intended or reasonably
expected to be used with or for the consumption of nicotine sold or
offered for sale, provided, however, that with respect to a
manufacturer, it shall be an affirmative defense to a finding of
violation pursuant to this section that such sale or offer of sale, as
applicable, occurred without the knowledge, consent, authorization, or
involvement, direct or indirect, of such manufacturer. Violations of
this section shall be enforced pursuant to section thirteen hundred
ninety-nine-ff of this article, except that any person may submit a
complaint to an enforcement officer that a violation of this section has
occurred.

4. The provisions of this section shall not apply to any vapor
products dealer, or any agent or employee of a vapor products dealer,
who sells or offers for sale, or who possess with intent to sell or
offer for sale, any flavored vapor product intended or reasonably
expected to be used with or for the consumption of nicotine that the
U.S. Food and Drug Administration has authorized to legally market as
defined under 21 U.S.C. § 387j and that has received a premarket review
approval order under 21 U.S.C. § 387j(c) et seq.