Relates to labeling of packaging for electronic cigarette products; requires such packaging to bear brightly-colored labeling indicating that such products contains nicotine or may be used to inhale nicotine vapors.
STATE OF NEW YORK
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6075
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to labeling of pack-
aging for electronic cigarette products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-gg of the public health law, as amended by
2 chapter 513 of the laws of 2004, is amended to read as follows:
3 § 1399-gg. Out-of-package sales and [minimum package sizes] packaging
4 requirements. 1. All tobacco cigarettes sold or offered for sale by a
5 retail dealer shall be sold or offered for sale in the package, box,
6 carton or other container provided by the manufacturer, importer, or
7 packager which bears all health warnings required by applicable law.
8 2. No person engaged in the business of manufacturing, selling or
9 otherwise distributing tobacco products, herbal cigarettes, cigarette
10 wrapping papers, wrapping leaves or tubes, or any agent or employee of
11 such person, shall manufacture or cause to be manufactured for sale in
12 this state, or sell or distribute in this state: (a) any package or
13 other container of cigarettes containing fewer than twenty cigarettes;
14 (b) any package of roll-your-own tobacco containing less than six-tenths
15 of an ounce of tobacco; or (c) any package or other container of ciga-
16 rette wrapping papers, wrapping leaves or tubes, that are or are held
17 out to be suitable for use or used as devices to wrap tobacco for smok-
18 ing, containing fewer than twenty sheets, leaves or tubes.
19 3. No person engaged in the business of manufacturing, selling, or
20 otherwise distributing electronic cigarettes shall manufacture or cause
21 to be manufactured for sale in this state, or sell or distribute in this
22 state, any electronic cigarette unless the container or packaging of
23 such electronic cigarette bears brightly-colored labeling which indi-
24 cates that the contents of such container or packaging contain nicotine
25 or can be used for the inhalation of nicotine vapors.
26 § 2. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11679-01-9