§ 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes
distributed, sold, or offered for sale in this state, whether at retail
or wholesale, shall furnish to the commissioner for public record and
post on such manufacturer's website, in a manner prescribed by the
commissioner that is readily accessible to the public and machine
readable, information regarding such products pursuant to rules or
regulations which shall be promulgated by the commissioner.

(a) For each vapor product, the information posted pursuant to this
subdivision shall include, but shall not be limited to:

(i) a list naming each ingredient of such vapor product in descending
order of predominance by weight in such product, except that ingredients
present at a weight below one percent may be listed following other
ingredients without respect to the order of predominance by weight;

(ii) the nature and extent of investigations and research performed by
or for the manufacturer concerning the effects on human health of such
product or its ingredients;

(iii) where applicable, a statement disclosing that an ingredient of
such product is published as a chemical of concern on one or more lists
identified by the commissioner; and

(iv) for each ingredient published as a chemical of concern on one or
more lists identified by the commissioner, an evaluation of the
availability of potential alternatives and potential hazards posed by
such alternatives.

(b) For each e-cigarette the information posted pursuant to this
subdivision shall include, but shall not be limited to:

(i) a list naming any toxic metal, including but not limited to lead,
manganese, nickel, chromium, or zinc, as a constituent of any heating
element included in such e-cigarette;

(ii) a list naming each byproduct that may be introduced into vapor
produced during the normal use of such e-cigarette;

(iii) the nature and extent of investigations and research performed
by or for the manufacturer concerning the effects on human health of
such product or such ingredients;

(iv) where applicable, a statement disclosing that an ingredient is
published as a chemical of concern on one or more lists identified by
the commissioner; and

(v) for each constituent of any heating element identified as a toxic
metal and ingredient published as a chemical of concern on one or more
lists identified by the commissioner, an evaluation of the availability
of potential alternatives and potential hazards posed by such
alternatives.

2. Manufacturers shall furnish the information required to be posted
pursuant to subdivision one of this section on or before January first,
two thousand twenty-one, and every two years thereafter. In addition,
such manufacturers shall furnish such information prior to the sale of
any new vapor product or e-cigarette, when the formulation of a
currently disclosed product is changed such that the predominance of the
ingredients in such product is changed, when any list of chemicals of
concern identified by the commissioner pursuant to this article is
changed to include an ingredient present in a vapor product or
e-cigarette subject to this article, or at such other times as may be
required by the commissioner.

3. The information required to be posted pursuant to subdivision one
of this section shall be made available to the public by the
commissioner and manufacturers, in accordance with this section, with
the exception of those portions which a manufacturer determines, subject
to the approval of the commissioner, are related to a proprietary
process the disclosure of which would compromise such manufacturer's
competitive position. The commissioner shall not approve any exceptions
under this subdivision with respect to any ingredient published as a
chemical of concern on one or more lists identified by the commissioner.