Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge

1 Co-sponsor

• Tony Avella

BILL NUMBER:S6939B

Title of bill

An act to amend the general business law, in relation to prohibiting the provision of any quantity of an electronic liquid

Purpose

Prohibits the sale of e-liquids within the State of New York.

Summary of provisions

Section one of this bill adds section 391-t to the General Business Law, which will prohibit the sale, offer to sell, or giving away of electronic liquids or e-liquids, which are used to refill electronic cigarettes or cartridges by any company or entity. This bill allows for the Commissioner of Health to exempt any registered in-state manufacturer from these provisions.

This section also states, any entity that sells, offers to sells, or gives away any quantity of electronic liquids will be subject to a penalty of no more than $500.00 per violation recoverable in an action by an enforcement authority designated by a municipality or political subdivision.

Section one also defines "electronic liquids" or "e-liquids" as a liquid composed of nicotine and other chemicals, which is sold as a product that may be used in electronic cigarettes.

Section two of this bill has this act taking effect 90 days after it becomes law.

Justification

E- cigarettes have been a point of controversy since their presence in the New York market. E-cigarettes are battery powered devices that allow an individual to inhale nicotine while emitting only vapor. The health effects associated with inhaling the vapor of e-cigarettes are unknown, however the liquid used to produce the vapor in some e-cigarettes has been found to be harmful and even deadly to individuals. The liquid in e-cigarettes has been called "electronic liquids" or "e-liquids", and is often sold in bottles to be used as a refill solution for electronic cigarettes and cartridges. E-liquids are a form of liquid nicotine laced with other chemicals and often flavored.

Many e-liquids are made on factory floors or in the back rooms of shops and, similar to e-cigarettes, are not regulated by the federal government.

E-liquids have been found to be harmful to humans if ingested or simply upon contact with an individual's skin. Between 2012 and 2013, calls to poison control centers involving e-liquids have increased by 300 percent, with 1,351 calls in 2013. According to the Syracuse Post Standard, as of March 2014, 651 calls have been made to poison control centers regarding e-liquids, with over half of these calls involving children under 6 years old. It has also been reported that a teaspoon of highly diluted e-liquids can seriously harm or kill a small child.

According to the New York Times, an individual died after injecting e-liquids, and another individual in Kentucky was admitted to the hospital with cardiac problems after her e-cigarette broke and the e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids sold to refill e-cigarettes and cartridges in New York State. E-liquids are more dangerous than tobacco because nicotine in liquid form can be absorbed more quickly even when diluted. Therefore, forms of liquid nicotine need to be reviewed and scrutinized more than other tobacco and nicotine products. This legislation brings an awareness of the extreme dangers of these products by banning them from store shelves with the goal of saving people's lives.

Legislative history

New bill.

Fiscal implications

None.

Effective date

90 days after this bill becomes law.