STATE OF NEW YORK
2019-2020 Regular Sessions
January 9, 2019
Introduced by Sens. HOYLMAN, CARLUCCI, COMRIE, FUNKE, GOUNARDES, JACK-
SON, KAPLAN, KRUEGER, LIU, METZGER, MONTGOMERY, PARKER, SALAZAR,
SERRANO, THOMAS -- read twice and ordered printed, and when printed to
be committed to the Committee on Health -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading -- committed to the Committee on Rules --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to prohibiting the
sale and distribution of flavored e-liquid for use in e-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-mm-1 to read as follows:
3 § 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes
4 of this section, the following terms shall have the following meanings:
5 (a) "flavored e-liquid" shall mean a liquid composed of nicotine
6 and/or chemicals, and which is sold as a product that may be used in an
7 electronic cigarette which contains a natural or artificial constituent
8 or additive that causes such e-liquid or any aerosol, emission, or vapor
9 of such e-liquid to have a characterizing flavor.
10 (b) "characterizing flavor" shall mean a distinguishable taste or
11 aroma, including but not limited to any fruit, chocolate, vanilla,
12 honey, candy, cocoa, dessert, menthol, alcoholic beverage, herb or spice
13 flavoring, but shall not include the taste or aroma of tobacco.
14 2. No person shall sell, offer for sale or distribute in this state
15 any flavored e-liquid or e-cigarette containing flavored e-liquid. No
16 other provision of law authorizing the sale of tobacco products shall
17 authorize the sale of flavored e-liquid.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 428--B 2
1 3. Any person who violates the provisions of this section shall be
2 subject to a civil fine of not more than five hundred dollars.
3 Violations of this section shall be enforced pursuant to section thir-
4 teen hundred ninety-nine-ff of this article, except that any person may
5 submit a complaint to an enforcement officer that a violation of this
6 section has occurred.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law.