What's happening
This bill expands tobacco prevention programs to include electronic cigarettes and requires vendors of e-cigarettes to register with the state.
Why it matters
Expands prevention efforts to include e-cigarettes and liquid nicotine. By specifically including electronic cigarettes and liquid nicotine in state tobacco prevention programs, the bill acknowledges growing youth use and public health concerns about vaping, not just traditional tobacco.
Targets youth access and marketing. The bill directs state programs to restrict youth access and use of both tobacco and e-cigarette products, and requires public outreach to discourage their use, reflecting worries about rising teen vaping rates and aggressive marketing tactics.
Creates a statewide registration system for e-cigarette vendors. Requiring all sellers of e-cigarettes and liquid nicotine (not already registered as tobacco vendors) to register with the state gives regulators more oversight and tools to enforce laws, track sales, and potentially curb illegal or underage sales.
Strengthens oversight and accountability. The bill establishes an advisory board (with restrictions on industry ties) to guide state prevention efforts, and mandates state rulemaking on how vendor registration will work, aiming for transparency and effective implementation.
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Who cares
Headline styles
Regulate E-Cigarette Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Delivered to assembly
- Passed senateVote 62–0
- Amended on third reading 8609a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1505
- 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.
Regulate E-Cigarette Sales
In Assembly Committee · Health · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8609--A Cal. No. 1505
IN SENATE
May 10, 2018
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to the tobacco use and prevention program; and to amend the tax law, in relation to the registration of vendors of electronic cigarettes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1399-ii of the public health law, as added by chapter 1 of the laws of 1999, is amended to read as follows:
§ 1399-ii. Tobacco use prevention and control program. 1. To improve the health, quality of life, and economic well-being of all New York state citizens, there is hereby established within the department a comprehensive statewide tobacco use prevention and control program.
2. The department shall support tobacco use prevention and control activities including, but not limited to:
(a) Community programs to prevent and reduce tobacco use through local involvement and partnerships;
(b) School-based programs to prevent and reduce tobacco use and use of electronic cigarettes;
(c) Marketing and advertising to discourage tobacco and liquid nicotine use;
(d) Tobacco cessation programs for youth and adults;
(e) Special projects to reduce the disparities in smoking prevalence among various populations;
(f) Restriction of youth access to tobacco products, electronic cigarettes and liquid nicotine;
(g) Surveillance of smoking rates; and
(h) Any other activities determined by the commissioner to be necessary to implement the provisions of this section.
Such programs shall be selected by the commissioner through an application process which takes into account whether a program utilizes methods recognized as effective in reducing smoking and tobacco use. Eligible applicants may include, but not be limited to, a health care provider, schools, a college or university, a local public health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15879-02-8
S. 8609--A 2
department, a public health organization, a health care provider organization, association or society, municipal corporation, or a professional education organization.
3. (a) There shall be established a tobacco use prevention and control advisory board to advise the commissioner on tobacco use prevention and control issues and electronic cigarette and liquid nicotine use amongst minors, including methods to prevent and reduce tobacco use in the state.
(b) The board shall consist of seventeen members who shall be appointed as follows: nine members by the governor; three members by the speaker of the assembly; three members by the temporary president of the senate and one member each by the minority leader of the senate and minority leader of the assembly. Any vacancy or subsequent appointment shall be filled in the same manner and by the same appointing authority as the original appointment. The chairperson of the board shall be designated by the governor from among the members of the board.
(c) The members shall serve for terms of two years commencing on the effective date of this section. Members of the board shall receive no compensation but shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties hereunder.
(d) The board shall meet as often as it deems necessary, but no less than four times a year. No nominee to the board shall have any past or current affiliation with the tobacco industry or any industry, contractor, agent, or organization that engages in the manufacturing, marketing, distributing, or sale of tobacco products. The board shall be appointed in full within ninety days of the effective date of this section.
(e) The department shall prepare and submit to the board a spending plan for the tobacco use prevention and control program authorized pursuant to the provisions of subdivision one of this section no later than thirty days after the submission of the budget to the legislature.
§ 2. The tax law is amended by adding a new article 20-C to read as follows:
ARTICLE 20-C
VENDORS OF ELECTRONIC
CIGARETTES Section 492. Registration of vendors of electronic cigarettes.
§ 492. Registration of vendors of electronic cigarettes. Any person selling or offering for sale electronic cigarettes, as defined in subdivision thirteen of section thirteen hundred ninety-nine-aa of the public health law, or liquid nicotine, as defined in paragraph (e) of subdivision one of section thirteen hundred ninety-nine-cc of the public health law, that is not otherwise registered with the department to sell tobacco products as required by article twenty of this chapter and the regulations adopted pursuant thereto, shall register with the department pursuant to this section. The commissioner shall adopt regulations for the establishment of such registration including standards for issuance, renewal and revocation of such registration, and ensuring compliance with the provisions of this section.
§ 3. This act shall take effect immediately; provided that section two of this act shall take effect the first day of the month commencing after the one hundred eightieth day after this act shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the tobacco use and prevention program; and to amend the tax law, in relation to the registration of vendors of electronic cigarettes
Purpose
To curb electronic cigarette use among minors through prevention, educa- tion and sale to minor compliance checks.
Summary of provisions
Section one amends the Tobacco Use Prevention and Control Program to expand current school-based programs and marketing initiatives aimed at reducing tobacco use, to include electronic cigarette and liquid nico- tine use. This section also charges with Tobacco Use Prevention and Control Advisory Board to advise the Commissioner on prevention and control of electronic cigarette and liquid nicotine use amongst minors.
Section two adds a new Article 20-C to the Tax Law, requiring any person selling or offering for sale electronic cigarettes or liquid nicotine, who that is not registered with the Department of Taxation and Finance to sell tobacco products, to register under this section. The Commis- sioner shall adopt regulations to establish the registration requirement and ensure compliance.
Section three 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 reported that use of electronic cigarettes among middle school and high school students more than doubled from 2011 to 2012. Recognizing that the health effects of elec- tronic cigarettes remain unknown, the FDA issued regulations on elec- tronic cigarettes, which includes a nationwide ban of the sale to minors in 2016. However, given the still increasing use among minors, the FDA recently announced the Youth Tobacco Prevention Plan to investigate and crack down on access to minors.
This legislation seeks to educate and discourage use amongst minors and addresses a loophole in electronic cigarette enforcement. Chapter 448 of 2012 included electronic cigarettes in the Public Health Law provisions banning sale to minors. Chapter 542 of 2014 expressly included liquid nicotine in the ban to minors. Given these changes did not add electron- ic cigarettes or liquid nicotine to the definition of a "tobacco prod- uct" under the Tax Law, retailer's that sell only these products and not traditional tobacco products do not need a tobacco registration from the state. As a result, when these retailers are not subject to compliance checks by the Department of Health Enforcement Unit to ensure they are not selling to minors. By requiring retailers that are not registered to sell tobacco products, to register under this new article will ensure that State and localities can conduct compliance checks to confirm adherence to existing law.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Effective the first day of the month commencing after the 180th day after enactment; provided the addition, amendment and/or repeal of any rule or regulation necessary for implementation is effective immediate- ly.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.