What's happening
This bill prohibits the sale or distribution of electronic liquids for e-cigarettes except for prefilled, sealed cartridges or exempted in-state manufacturers.
Why it matters
Restricts access to bulk or refillable e-liquids, aiming to reduce the risk of tampering, accidental poisoning, or unsafe mixing by consumers. , especially among youth or inexperienced users.
Shifts the e-cigarette market toward prefilled, sealed cartridges produced by manufacturers. , potentially making it harder for small vape shops and independent producers to operate, thus consolidating sales among larger companies.
Allows for possible exemptions for in-state e-liquid manufacturers through the Department of Health. , which could create a selective pathway for New York-based businesses while excluding out-of-state or unregistered producers.
Imposes civil penalties for violations, empowering local authorities to enforce the ban and collect fines. , which could lead to increased compliance costs and legal risk for retailers and distributors.
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Who cares
Headline styles
Ban E-Liquid Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1022
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend the general business law, in relation to prohibiting the provision of any quantity of an electronic liquid
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 391-u to read as follows:
§ 391-u. Electronic liquids or e-liquids; prohibition. 1. No person, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away, for either retail, wholesale or promotional purposes, an electronic liquid or e-liquid used to refill an electronic cigarette or cartridge. Provided, however, that the commissioner of health may exempt a registered in-state manufacturer of e-liquids from the provision of this section.
2. Any person, firm, corporation, partnership, association, limited liability company or other entity that violates the provisions of subdivision one of this section shall be subject to a civil penalty of not more than five hundred dollars for each separate violation of such subdivision, to be recovered by any enforcement authority designated by a municipality or political subdivision in which such violation occurred.
3. For the purposes of this section, "liquid nicotine", "electronic liquid" or "e-liquid" means a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette, as defined by subdivision thirteen of section thirteen hundred ninety-nine-aa of the public health law.
4. The provisions of this section shall not apply to any liquid nicotine, electronic liquid or e-liquid that is contained in a prefilled, sealed cartridge that is sold, marketed or intended for use in an electronic cigarette, as defined by subdivision thirteen of section thirteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00522-01-9
A. 1022 2
hundred ninety-nine-aa of the public health law, provided that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
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.