Prohibits the sale of liquid nicotine to minors

BILL NUMBER:S7027C

Title of bill

An act to amend the public health law and the administrative code of the city of New York, in relation to prohibiting the sale of liquid nicotine to minors; and to amend the general business law, in relation to the packaging of electronic liquid

Purpose

This bill would prohibit the sale of liquid nicotine to minors. This bill also requires liquid nicotine to be sold in a child proof container.

Summary of provisions

Section one amends the public health law in relation to the definition of e-cigarette.

Section two amends Section 1399-cc of the public health law, as amended by chapter 131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by chapter 448 of the laws of 2012 to include the definition of "liquid nicotine" or "e-liquid" to mean any liquid composed of nicotine and other chemicals, and is sold as a product which may be used in electronic cigarettes.

Section two and three amends Section 17-706 of the administrative code of the city of New York, as amended by local law number 94 of the city of New York, which prohibits the sale of e-liquid to minors.

Section four amends the General Business Law by adding section 399-gg which requires that an electronic liquid sold must be offered for sale in a child resistant bottle, which is designed to prevent accidental exposure of children to electronic liquids. Any violation of this amendment is punishable by a civil penalty not to exceed $1,000.

Section five of this bill sets forth the effective date.

Justification

E-cigarettes are battery powered devices that allow an individual to inhale nicotine while emitting only vapor. The nicotine in e-cigarettes is called "electronic liquids" or "liquid nicotine." Liquid nicotine is a liquid composed of nicotine but is also laced with other chemicals and substances and is often flavored. Many liquid nicotine compounds are made on factory floors or in the back rooms of shops and are not regulated by the federal government, however, the FDA recently proposed e-cigarette regulations. 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. Currently, liquid nicotine is sold in sealed cartridges or in a bottle used to refill e-cigarettes or refillable cartridges. As of January 1, 2013, e-cigarettes are not allowed to be sold to minors. However, current law does not ban the sale of e-liquids to minors.

This bill would ban the sale of liquid nicotine to minors, require child proof packaging. This legislation will protect minors by not letting them purchase liquid nicotine. This legislation will protect individuals of all ages from the potential dangers of electronic

cigarettes, particularly given that they are unregulated and have not been proven to be safe for use at any age.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.