S7635-2011 Actions

• Jun 8, 2012: REFERRED TO HEALTH

S7635-2011 Memo

BILL NUMBER:S7635

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting the sale of
electronic cigarettes

PURPOSE:
To prohibit the sale or offering for sale of electronic cigarettes.

SUMMARY OF PROVISIONS:
Section one amends Public Health Law � 1399-aa to define an electronic
cigarette as a battery operated device that contains cartridges filled
with a combination of nicotine, flavor and chemicals that are turned
into vapor which is inhaled by the user.

Section two adds a section � 1399-11-2 to prohibit the sale or
offering for sale any electronic cigarette.

Section three provides that the act shall take effect on the first of
January succeeding its enactment.

JUSTIFICATION:

Electronic cigarettes are products designed to deliver nicotine and
other substance to a use in the form of a vapor. They are typically
composed of a rechargeable, battery-operated heating element, a
replaceable cartridge that may contain nicotine or other chemicals,
and an atomizer that, when heated, converts the contents of the
cartridge into vapor.

In 2009, the federal Food and Drug Administration (FDA) issued a press
release warning individuals about the safety of electronic
cigarettes. Their laboratory analysis revealed that some electronic
cigarettes contain carcinogens and toxic chemicals such as diethylene
glycol, an ingredient used in antifreeze that is toxic to humans. In
February 2012, a 57 year old man reportedly suffered severe injuries
when an electronic cigarette exploded in his mouth.

The U.S. Court of Appeals for the D.C. Circuit in Sottera, Inc. v.
Food & Drug Administration, held that electronic cigarettes are not
drugs or devices unless they are marketed for therapeutic purposes.
Therefore, the cannot be regulated by the FDA as such. While the FDA
intends to propose a rule deeming products meeting the definition of
"tobacco products" to be subject to FDA regulation under the Family
Smoking Prevention and Tobacco Control Act, in the meantime these
devices remain completely unregulated. Due to the complete lack of
regulation and evaluation for safety, electronic cigarettes pose a
dangerous threat to the health and safety of New Yorkers. Therefore,
this bill would place a ban on the sale of such products.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of January next succeeding enactment.

S7635-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7635

                              I N  SENATE

                                June 8, 2012
                                 ___________

  Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Health

  AN ACT to amend the public health law, in relation  to  prohibiting  the
    sale of electronic cigarettes

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 1399-aa of the public  health  law  is  amended  by
  adding a new subdivision 13 to read as follows:

    13.  "ELECTRONIC  CIGARETTE"  MEANS  A  BATTERY-OPERATED  DEVICE  THAT
  CONTAINS CARTRIDGES FILLED WITH A COMBINATION OF  NICOTINE,  FLAVOR  AND
  CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE USER.
    S 2. Section 1399-ll of the public health law, as added by chapter 518
  of the laws of 2000, is redesignated section 1399-ll-1 and a new section
  1399-ll-2 is added to read as follows:

    S 1399-LL-2. SALE OF ELECTRONIC CIGARETTES PROHIBITED. NO PERSON SHALL
  SELL OR OFFER FOR SALE ANY ELECTRONIC CIGARETTE.
    S  3. This act shall take effect on the first of January next succeed-
  ing the date on which it shall have become a law.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD16181-02-2