STATE OF NEW YORK
________________________________________________________________________
7884
2023-2024 Regular Sessions
IN ASSEMBLY
July 19, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of disposable electronic cigarettes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1399-dd-2 to read as follows:
3 § 1399-dd-2. Sale of disposable electronic cigarettes prohibited. 1.
4 For the purposes of this section, "disposable electronic cigarette" or
5 "disposable e-cigarette" means any electronic cigarette or e-cigarette,
6 as defined in subdivision thirteen of section thirteen hundred ninety-
7 nine-aa of this article, that cannot be refilled with vapor products.
8 2. No person, firm, partnership, company, corporation or dealer shall
9 sell or offer for sale at retail in the state any disposable electronic
10 cigarette product.
11 3. Any person, firm, partnership, company, corporation or dealer, or
12 any agent or employee of a person, firm, partnership, company, corpo-
13 ration or dealer, who violates the provisions of this section shall be
14 subject to a civil penalty of not more than one hundred dollars for each
15 individual package of disposable electronic cigarette product sold or
16 offered for sale, provided, however, that with respect to a manufactur-
17 er, it shall be an affirmative defense to a finding of violation pursu-
18 ant to this section that such sale or offer of sale, as applicable,
19 occurred without the knowledge, consent, authorization, or involvement,
20 direct or indirect, of such manufacturer. Violations of this section
21 shall be enforced pursuant to section thirteen hundred ninety-nine-ff of
22 this article, except that any person may submit a complaint to an
23 enforcement officer that a violation of this section has occurred.
24 § 2. This act shall take effect on the thirtieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11879-02-3
