BILL NUMBER:S6939

TITLE OF BILL:  An act to amend the public health law, in relation to
the definition of "electronic cigarette" or "e-cigarette"; and to
amend the general business law, in relation to prohibiting the
provision of any quantity of an electronic liquid

PURPOSE:

Prohibits the sale of e-liquids within the State of New York.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 1399-aa of the Public Health
Law regarding the definition of "electronic cigarette" or "e-
cigarette" to mean a battery operated device that contains cartridges
or liquids filled with a combination of nicotine and chemicals.

Section two of this bill adds section 391-t to the General Business
Law, which will prohibit the sale, offer to sell, or giving away of
electronic liquids or e-liquids by any company or entity.

This section also states, any entity that sells, offers to sells, or
gives away any quantity of electronic liquids will be subject to a
penalty of no more than $500.00 per violation recoverable in an action
by an enforcement authority designated by a municipality or political
              

subdivision.

Section two also defines "electronic liquids" or "e-liquids" as a
liquid composed of nicotine and other chemicals, which is sold as a
product that may be used in electronic cigarettes.

Section three of this bill has this act taking effect 90 days after it
becomes law.

JUSTIFICATION:

E- cigarettes have been a point of controversy since their presence in
the New York market. E-cigarettes are battery powered devices that
allow an individual to inhale nicotine while emitting only vapor. The
health effects associated with inhaling the vapor of e-cigarettes are
unknown, however the liquid used to produce the vapor in some
e-cigarettes has been found to be harmful and even deadly to
individuals. The liquid in e-cigarettes has been called "electronic
liquids" or "e-liquids."  E-liquids are a form of liquid nicotine
laced with other chemicals and often flavored. Many e-liquids are made
on factory floors or in the back rooms of shops and, similar to
e-cigarettes, are not regulated by the federal government.

E-liquids have been found to be harmful to humans if ingested or
simply upon contact with an individual's skin. Between 2012 and 2013,
calls to poison control centers involving e-liquids have increased by
300 percent, with 1,351 calls in 2013. According to the Syracuse Post
Standard, as of March 2014, 651 calls have been made to poison control
centers regarding e-liquids, with over half of these calls involving
children under 6 years old. It has also been reported that a teaspoon
of highly diluted e-liquids can seriously harm or kill a small child.


According to the New York Times, an individual died after injecting
e-liquids, and another individual in Kentucky was admitted to the
hospital with cardiac problems after her e-cigarette broke and the
e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids in New York State. E-liquids are
more dangerous than tobacco because nicotine in liquid form can be
absorbed more quickly even when diluted. Therefore, forms of liquid
nicotine need to be reviewed and scrutinized more than other tobacco
and nicotine products. This legislation brings an awareness of the
extreme dangers of these products by banning them from store shelves
with the goal of saving people's lives.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

90 days after this bill becomes law.

                                BILL NUMBER:S6939B

TITLE OF BILL:  An act to amend the general business law, in relation
to prohibiting the provision of any quantity of an electronic liquid

PURPOSE:

Prohibits the sale of e-liquids within the State of New York.

SUMMARY OF PROVISIONS:

Section one of this bill adds section 391-t to the General Business
Law, which will prohibit the sale, offer to sell, or giving away of
electronic liquids or e-liquids, which are used to refill electronic
cigarettes or cartridges by any company or entity. This bill allows
for the Commissioner of Health to exempt any registered in-state
manufacturer from these provisions.

This section also states, any entity that sells, offers to sells, or
gives away any quantity of electronic liquids will be subject to a
penalty of no more than $500.00 per violation recoverable in an action
by an enforcement authority designated by a municipality or political
subdivision.

Section one also defines "electronic liquids" or "e-liquids" as a
liquid composed of nicotine and other chemicals, which is sold as a
              

product that may be used in electronic cigarettes.

Section two of this bill has this act taking effect 90 days after it
becomes law.

JUSTIFICATION:

E- cigarettes have been a point of controversy since their presence in
the New York market. E-cigarettes are battery powered devices that
allow an individual to inhale nicotine while emitting only vapor. The
health effects associated with inhaling the vapor of e-cigarettes are
unknown, however the liquid used to produce the vapor in some
e-cigarettes has been found to be harmful and even deadly to
individuals. The liquid in e-cigarettes has been called "electronic
liquids" or "e-liquids", and is often sold in bottles to be used as a
refill solution for electronic cigarettes and cartridges. E-liquids
are a form of liquid nicotine laced with other chemicals and often
flavored.

Many e-liquids are made on factory floors or in the back rooms of
shops and, similar to e-cigarettes, are not regulated by the federal
government.

E-liquids have been found to be harmful to humans if ingested or
simply upon contact with an individual's skin. Between 2012 and 2013,
calls to poison control centers involving e-liquids have increased by
300 percent, with 1,351 calls in 2013. According to the Syracuse Post
Standard, as of March 2014, 651 calls have been made to poison control
centers regarding e-liquids, with over half of these calls involving
children under 6 years old. It has also been reported that a teaspoon
of highly diluted e-liquids can seriously harm or kill a small child.


According to the New York Times, an individual died after injecting
e-liquids, and another individual in Kentucky was admitted to the
hospital with cardiac problems after her e-cigarette broke and the
e-liquid was absorbed through her skin.

This bill bans the sale of e-liquids sold to refill e-cigarettes and
cartridges in New York State. E-liquids are more dangerous than
tobacco because nicotine in liquid form can be absorbed more quickly
even when diluted. Therefore, forms of liquid nicotine need to be
reviewed and scrutinized more than other tobacco and nicotine
products. This legislation brings an awareness of the extreme dangers
of these products by banning them from store shelves with the goal of
saving people's lives.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after this bill becomes law.