Requires retailers of electronic cigarettes, not otherwise registered with the department of taxation and finance to sell tobacco products, to register with the department of health

BILL NUMBER:S6003

Title of bill

An act to amend the public health law, in relation to the registration of vendors of electronic cigarettes

Purpose

To ensure all sellers of electronic cigarettes are registered and subject to compliance checks

Summary of provisions

Section one adds a new Public Health Law § 1399-dd-1 to any person selling or offering for sale electronic cigarettes that is not registered with the Department of Taxation and Finance to sell tobacco products, to register with the Department of Health. The Commissioner shall adopt regulations to establish the registry and ensure compliance.

Section two provides the effective date.

Justification

In 2012, the state banned the sale of electronic cigarettes to minors under the age of 18. Despite enactment of this ban to minors in New York and a number of other states, the CDC reports the use of electronic cigarettes among middle school and high school students has more than double from 2011 to 2012. The health effects of electronic cigarettes remain unknown, and while the FDA recently issued proposed regulations on electronic cigarettes, which includes a nationwide ban of the sale to minors, electronic cigarettes remain unregulated. Since they are unregulated, electronic cigarettes packages are not required to include health warnings and they can contain flavored electronic nicotine which can often entice minors.

Although banned to minors in this state for several years, enforcement of this provision has been problematic. Chapter 448 of 2012 included electronic cigarettes in the Public Health Law provisions banning sale to minors, but did not include electronic cigarettes under the definition of a "tobacco product" under the Tax Law. Thus, retailer's that sell electronic cigarettes do not need a tobacco registration from the Department of Taxation and Finance. As a result, electronic cigarettes can be sold in stores that do not sell traditional tobacco products. Since these retailers are not registered, there is no way for the Department of Health's Enforcement Unit to know they are selling electronic cigarettes and to conduct compliance checks to ensure they are not selling to minors. By requiring retailers that are not registered with the Department of Tax and Finance to register with the Department of Health, this legislation will ensure the Department of Health is aware of all retailers selling electronic cigarettes and can then conduct compliance checks to ensure adherence to existing law.

Legislative history

5.7139 of 2014 - Passed Senate

Fiscal implications

None.

Effective date

Effective the first day of the month commencing after the 180th day after enactment; provided addition, amendment and/or

repeal of any rule or regulation necessary for implementation is effective immediately.