Provides that every package containing an electronic cigarette and the electronic cigarette itself, as defined in subdivision thirteen of section thirteen hundred ninety-nine-aa of the public health law, sold, offered for sale or otherwise distributed without charge within this state, shall be designed by the department of health and such package containing an electronic cigarette and the electronic cigarette itself shall include printed thereon or attached thereto a health warning and disclaimer label designed by the department of health.
STATE OF NEW YORK
________________________________________________________________________
884
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law and the general business law, in
relation to the labeling of electronic cigarette products and packag-
ing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 1399-cc of the public health law,
2 as amended by chapter 100 of the laws of 2019, is amended to read as
3 follows:
4 7. No person operating a place of business wherein tobacco products,
5 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are
6 sold or offered for sale shall sell, permit to be sold, offer for sale
7 or display for sale any tobacco product, herbal cigarettes, liquid nico-
8 tine, shisha or electronic cigarettes in any manner, unless such
9 products and cigarettes are stored for sale (a) behind a counter in an
10 area accessible only to the personnel of such business, or (b) in a
11 locked container; provided, however, such restriction shall not apply to
12 tobacco businesses, as defined in subdivision eight of section thirteen
13 hundred ninety-nine-aa of this article, and to places to which admission
14 is restricted to persons twenty-one years of age or older. Provided,
15 further, that, in the case of electronic cigarettes, the product and the
16 packages thereof shall comply with the provisions of section three
17 hundred ninety-eight-g of the general business law.
18 § 2. The general business law is amended by adding a new section 398-g
19 to read as follows:
20 § 398-g. Electronic cigarette product and package labeling. 1. Every
21 package containing an electronic cigarette and the electronic cigarette
22 itself, as defined in subdivision thirteen of section thirteen hundred
23 ninety-nine-aa of the public health law, sold, offered for sale or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02952-01-5
A. 884 2
1 otherwise distributed without charge within this state, shall be
2 designed by the department of health and such package containing an
3 electronic cigarette and the electronic cigarette itself shall include
4 printed thereon or attached thereto a health warning and disclaimer
5 label designed by the department of health.
6 2. Any person, firm, corporation or association who violates the
7 provisions of this section shall be subject to a civil penalty of not
8 more than one thousand dollars for each such violation.
9 § 3. The department of health shall design and standardize all elec-
10 tronic cigarette designs, including, but not limited to, the electronic
11 cigarette itself, the electronic cigarette packaging, a prominent health
12 warning and disclaimer on the actual product and the packaging of such
13 product.
14 § 4. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment and/or repeal of any rule or regulation necessary for the implemen-
17 tation of this act on its effective date are authorized to be made and
18 completed on or before such effective date.
