Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge; defines "electronic liquid" as any liquid composed of nicotine and other chemicals that is sold for use in electronic cigarettes.
STATE OF NEW YORK
________________________________________________________________________
1022
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred 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:
1 Section 1. The general business law is amended by adding a new
2 section 391-u to read as follows:
3 § 391-u. Electronic liquids or e-liquids; prohibition. 1. No person,
4 firm, corporation, partnership, association, limited liability company
5 or other entity shall sell, offer to sell or give away, for either
6 retail, wholesale or promotional purposes, an electronic liquid or e-li-
7 quid used to refill an electronic cigarette or cartridge. Provided,
8 however, that the commissioner of health may exempt a registered
9 in-state manufacturer of e-liquids from the provision of this section.
10 2. Any person, firm, corporation, partnership, association, limited
11 liability company or other entity that violates the provisions of subdi-
12 vision one of this section shall be subject to a civil penalty of not
13 more than five hundred dollars for each separate violation of such
14 subdivision, to be recovered by any enforcement authority designated by
15 a municipality or political subdivision in which such violation
16 occurred.
17 3. For the purposes of this section, "liquid nicotine", "electronic
18 liquid" or "e-liquid" means a liquid composed of nicotine and other
19 chemicals, and which is sold as a product that may be used in an elec-
20 tronic cigarette, as defined by subdivision thirteen of section thirteen
21 hundred ninety-nine-aa of the public health law.
22 4. The provisions of this section shall not apply to any liquid nico-
23 tine, electronic liquid or e-liquid that is contained in a prefilled,
24 sealed cartridge that is sold, marketed or intended for use in an elec-
25 tronic cigarette, as defined by subdivision thirteen of section thirteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00522-01-9
A. 1022 2
1 hundred ninety-nine-aa of the public health law, provided that such
2 cartridge is prefilled and sealed by the manufacturer, and not intended
3 to be opened by the consumer.
4 § 2. This act shall take effect on the ninetieth day after it shall
5 have become a law.
