What's happening
This bill prohibits the sale or distribution of electronic cigarettes in New York without federal FDA premarket approval, with civil penalties for violations.
Why it matters
Targets unapproved e-cigarettes. The bill specifically restricts the sale or distribution of any electronic cigarette that does not have explicit FDA premarket authorization, which could remove many popular vaping products from shelves if they lack this approval.
Creates significant financial consequences. With a minimum $10,000 civil penalty per violation, the law establishes strong deterrence for retailers and distributors, potentially impacting business operations and market availability.
Empowers multiple levels of enforcement. Not only the state attorney general but also local governments can enforce the law, increasing the likelihood of active and widespread compliance monitoring.
Aligns state policy with federal standards. By tying legality to federal FDA review, the bill could accelerate compliance with national health guidelines and address concerns about the safety and regulation of vaping products at the state level.
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Who cares
Headline styles
Ban Unapproved E-Cigarette 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
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8626
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the sale or distribution of electronic cigarettes without federal food and drug administration premarket order of approval
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-cc-1 to read as follows:
§ 1399-cc-1. Sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval prohibited. 1. The sale or distribution by an establishment of an electronic cigarette is prohibited where the electronic cigarette:
(a) is a new tobacco product;
(b) requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and
(c) does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time. 2. Any person, firm, corporation, partnership, association, limited liability company, or other entity that violates the provisions of this section shall be subject to a civil penalty of not less than ten thousand dollars per violation, recoverable in an action by the attorney general or by any enforcement authority designated by any municipality or political subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13748-01-9
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.