A00143 Summary:

BILL NOA00143
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §§1399-aa & 1399-dd, Pub Health L
 
Requires the department of health to establish nicotine levels for electronic cigarettes and e-liquids which automatically taper in nicotine strength in amounts and at certain time intervals; requires manufacturers to only manufacture, cause to be manufactured, or sold, in this state, any electronic cigarette or e-liquid unless such product automatically tapers in nicotine strength in amounts and at certain time intervals as determined by the department of health.
Go to top    

A00143 Actions:

BILL NOA00143
 
01/04/2023referred to health
01/03/2024referred to health
Go to top

A00143 Committee Votes:

Go to top

A00143 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00143 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A143
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the public health law, in relation to establishing nico- tine levels for electronic cigarettes and e-liquids which automatically taper in nicotine strength in amounts and at certain time intervals   PURPOSE: To require the nicotine strength of e-cigarettes to automatically taper off, improving their effectiveness as a potential smoking cessation device.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 1399-aa of the public health law by adding a new subdivision 14. Section two amends section 1399-dd of the public health law. Section three sets forth the effective date.   JUSTIFICATION: Though New York State has achieved record-low smoking rates, electronic cigarettes and vapes have surged in popularity in recent years. Young people became hooked on the nicotine in e-cigarettes as a result of aggressive and misleading marketing efforts directly targeting them. In the summer of 2019, hundreds of people around the United States were hospitalized for respiratory problems linked to vaping; multiple deaths were reported. The American Medical Association urged Americans in September 2019 to stop vaping until more information was gathered on these illnesses and the harms associated. Despite lacking United States Food and Drug Administration approval for use as a smoking cessation device, electronic cigarettes manufacturers aggressively market their products as smoking cessation tools. While some smokers may switch to e-cigarette devices with the intention of quitting nicotine and tobacco use, for many people, e-cigarettes are an initiation product and mark the beginning of a potentially lifelong nicotine addiction. The goal of nicotine replacement therapies, such as nicotine gum or the patch, is to slowly reduce the amount of nicotine until the user does it rely on any nicotine at all. They are not intended for long-term use and instead are used to aid in quitting smoking or the use of chewing tobac- co. Since e-cigarette manufacturers are marketing their devices as smok- ing cessation devices, they should be designed to function as such. This legislation would help ensure their efficacy as smoking cessation devices by requiring that e-cigarettes automatically taper the amount of nicotine delivered to the user, as is recommended with other nicotine replacement therapies.   LEGISLATIVE HISTORY: 2021-22: A.646 - Referred to Health 2019-20: A.8629 - Referred to Health   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect in 90 days.
Go to top

A00143 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           143
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 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 establishing nico-
          tine levels for electronic cigarettes  and  e-liquids  which  automat-
          ically  taper  in  nicotine  strength  in  amounts and at certain time
          intervals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1399-aa  of  the public health law is amended by
     2  adding a new subdivision 19 to read as follows:
     3    19. "E-liquid" means a liquid composed of nicotine  and  other  chemi-
     4  cals,  and  which is sold as a product that may be used in an electronic
     5  cigarette.
     6    § 2. Section 1399-dd of the public health law, as amended  by  chapter
     7  448  of  the  laws of 2012, subdivision (d) as amended by chapter 100 of
     8  the laws of 2019, is amended to read as follows:
     9    § 1399-dd. Sale and manufacture of tobacco products, herbal cigarettes
    10  or electronic cigarettes [in vending  machines].  1.  No  person,  firm,
    11  partnership,  company  or  corporation  shall  operate a vending machine
    12  which dispenses tobacco products, herbal cigarettes or electronic  ciga-
    13  rettes unless such machine is located: (a) in a bar as defined in subdi-
    14  vision one of section thirteen hundred ninety-nine-n of this chapter, or
    15  the  bar  area of a food service establishment with a valid, on-premises
    16  full liquor license; (b) in a private club; (c) in a tobacco business as
    17  defined in subdivision eight of section thirteen hundred  ninety-nine-aa
    18  of  this article; or (d) in a place of employment which has an insignif-
    19  icant portion of its regular workforce comprised of people under the age
    20  of twenty-one years and only in such locations that are  not  accessible
    21  to  the  general  public;  provided, however, that in such locations the
    22  vending machine is located in plain view and  under  the  direct  super-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00674-01-3

        A. 143                              2
 
     1  vision and control of the person in charge of the location or his or her
     2  designated agent or employee.
     3    2.  (a)  No person, firm, partnership, company, or corporation engaged
     4  in the business of  manufacturing  electronic  cigarettes  or  e-liquids
     5  shall manufacture, cause to be manufactured, or sold, in this state, any
     6  electronic  cigarette  or  e-liquid unless such product is programmed to
     7  automatically taper in nicotine strength in amounts and at certain  time
     8  intervals as determined by the department.
     9    (b)  Any  person,  firm,  partnership,  company,  or  corporation  who
    10  violates this subdivision, or any rule or regulation promulgated  pursu-
    11  ant  thereto,  may  be assessed by the commissioner, a civil penalty for
    12  each such  violation.  Each  violation  and  each  day  during  which  a
    13  violation continues shall constitute a separate violation.
    14    §  3.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law. Effective immediately, the addition, amendment and/or
    16  repeal of any rule or regulation necessary  for  the  implementation  of
    17  this  act  on its effective date are authorized to be made and completed
    18  on or before such effective date.
Go to top