What's happening
This bill prohibits the sale and distribution of flavored e-liquids for e-cigarettes in New York, except for tobacco and menthol flavors.
Why it matters
Targets youth vaping. by banning flavors (except tobacco and menthol) that are especially attractive to young people, aiming to reduce the appeal and potential for nicotine addiction among minors.
Broad enforcement and penalties. Imposes fines on retailers and significant civil penalties on manufacturers, with heightened consequences for repeated violations, signaling strong regulatory intent and deterrence.
Closes legal loopholes. Explicitly states that no other existing law permitting the sale of tobacco products can be used to justify selling flavored e-liquids, ensuring the ban cannot be circumvented.
Empowers public reporting. Allows any individual to report suspected violations, potentially increasing oversight and community involvement in enforcement.
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Who cares
Headline styles
Ban Flavored E-Cigarette Liquids
Plain English, a few words. Used as the page title.
Sponsors
History
- Reported referred to codes
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Flavored E-Cigarette Liquids
In Senate Committee · Rules · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8688
2017-2018 Regular Sessions
IN ASSEMBLY
September 25, 2017
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health
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 Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 1399-mm-1 to read as follows:
§ 1399-mm-1. Sale of flavored e-liquid prohibited. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "flavored e-liquid" shall mean a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette which contains a natural or artificial constituent or additive that causes such e-liquid or its smoke to have a characterizing flavor.
(b) "characterizing flavor" shall mean a distinguishable taste or aroma, including but not limited to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring, but shall not include tobacco or menthol.
2. No person shall sell, offer for sale or distribute in this state any flavored e-liquid or e-cigarette containing flavored e-liquid. No other provision of law authorizing the sale of tobacco products shall authorize the sale of flavored e-liquid.
3. Any person other than a manufacturer who violates the provisions of this section shall be subject to a fine of not more than one hundred dollars for each individual package of flavored e-liquid product sold or offered for sale. A manufacturer may be subject to a civil penalty not to exceed fifty thousand dollars for each brand or style of such manufacturer's tobacco products that is found to have been sold or offered for sale in violation of this section on more than one occasion during any thirty day period, provided, however, that with respect to a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13378-01-7
A. 8688 2
manufacturer, it shall be an affirmative defense to a finding of violation pursuant to this section that such sale or offer of sale, as applicable, occurred without the knowledge, consent, authorization and involvement, direct or indirect, of such manufacturer. Violations of this section shall be enforced pursuant to section thirteen hundred ninety-nine-ff of this article, except that any person may submit a complaint to an enforcement officer that a violation of this section has occurred.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.