What's happening
This bill requires New York retailers to obtain a permit to sell vapor products, with permits renewed every five years.
Why it matters
Broadens oversight. By defining "vapor product" to include both nicotine and non-nicotine liquids, gels, and certain heated tobacco items, the bill ensures that a wide range of products—beyond traditional e-cigarettes—are regulated under the new permitting system.
Establishes clear retail accountability. The requirement for all retailers intending to sell vapor products to obtain and renew a state permit creates a formal system for tracking and monitoring businesses involved in the vapor product market, which could improve enforcement of age restrictions and other laws.
Empowers regulatory development. The Department of State is tasked with developing rules for the permitting process, which means there could be further requirements or standards for retailers in the future, potentially affecting how vapor products are marketed and sold.
Public health and consumer protection implications. By excluding FDA-approved cessation or medical products from the definition, the bill focuses regulation on recreational vapor products, which may help target youth access and unregulated items of concern to health authorities.
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Who cares
Vape shops and other vapor-product retailers
They would need a state permit to sell vapor products and would have to renew it every five years.
New York Department of State
The department would have to issue rules governing how retailers apply for and receive permits.
Retailers of nicotine-free vaping liquids and heated-tobacco products
These products fall within the bill’s definition of vapor products, bringing their sellers under the permit requirement.
Headline styles
Require Vape Sales Permits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to economic development
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.
Permits for Vape Sales
In Senate Committee · Consumer Protection · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9790
IN ASSEMBLY
February 9, 2018
Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Economic Development
AN ACT to amend the general business law, in relation to requiring retailers to obtain a permit to sell vapor products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-hh to read as follows:
§ 399-hh. Permits for sale of vapor products. 1. "Vapor product" means any noncombustible liquid or gel, regardless of presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaping pen, hookah pen or other similar device. "Vapor product" shall include tobacco that is manufactured into a finished product for use in a device which heats the tobacco but does not result in combustion. "Vapor product" shall not include any product approved by the United States food and drug administration as a drug or medical device.
2. "Retailer" means any establishment in the state of New York which sells or intends to sell vapor products.
3. Every retailer registered to do business in the state of New York that intends to sell vapor products shall be required to obtain a permit in order to sell vapor products in New York state. The department of state shall promulgate any rules and regulations necessary for governing the process whereby a retailer can apply for and receive a permit to sell vapor products in New York state. Retailers with a permit shall renew such permit once every five years.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14529-02-8
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.