Bill S7737-2013

Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products; evaluates health effects of e-cigarettes on public

Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products and electronic cigarettes from 18 to 21; directs the department of health to evaluate the health effects of electronic cigarettes on members of the public.

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  • Jun 3, 2014: REFERRED TO HEALTH

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BILL NUMBER:S7737

TITLE OF BILL: An act to amend the public health law, in relation to prohibiting the vaporization of nicotine within electronic cigarettes in certain areas; to amend the public health law, the penal law and the administrative code of the city of New York, in relation to increasing the purchasing age for tobacco products and electronic cigarettes from eighteen to twenty-one; and relating to directing the department of health to evaluate the health effects of electronic cigarettes on members of the public

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the use of electronic cigarettes in certain indoor public areas; raises the age for the purchase of tobacco products or electronic cigarettes from eighteen to twenty-one; requires the Department of Health to conduct a study into the effects of electronic cigarette use on the public health.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends Section 1399-n of the public health law to include "the vaporization of nicotine or other chemicals within an electronic cigarette" within the definition of "smoking."

Section 2: Subdivision 4 of section 1399-aa of the Public Health Law is amended by deleting the age of "eighteen" and replacing it with "twenty-one".

Section 3: Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb of the Public Health Law are amended by removing "eighteen" and replacing it with "twenty-one".

Section 4: Subdivision 4 of section 1399-bb of the Public Health Law is amended by adding "electronic cigarettes" to the list of products that require proper photo identification to be shown and by removing "eighteen" and replacing it with "twenty-one". This section also adds the new subdivision 5 to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 5: Subdivisions 2, 3 and 7 of section 1399-cc of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one". The new subdivision 8 is also added to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 6: Subdivision (d) of Section 1399-dd of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one". The new subdivision (2) is also added to provide that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 7: Subdivision 1 of Section 1399-ff of the Public Health Law is amended by deleting the word "minor" and replacing it with "person under twenty-one years of age". A new subdivision 4 is also added to provide that nothing in this section of law shall limit a county,

city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 8: Paragraphs (b) and (c) of Section 1399-11 of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".

Section 9: Subdivision 1 of paragraphs (b) and (c) of subdivision 2 of

Section 1399-mm of the Public Health Law is amended by removing "eighteen" and replacing it with "twenty-one".

Section 10: Subdivision 3 of section 260.21 of the Penal Law is amended by removing "eighteen" and replacing it with "twenty-one" and also adding that nothing in this section of law shall limit a county, city, town or village from imposing stricter restrictions or conditions regarding minimum age requirements.

Section 11: Section 17-714 of the Administrative Code of the City of New York is amended by removing "eighteen" and replacing it with "twenty-one."

Section 12: Provides definitions for electronic cigarette, refillable electronic cigarette, non-refillable electronic cigarette, and liquid nicotine. This section also directs that within 60 days, the department of health commence an examination to study the effects of electronic cigarettes on the public health. This study will examine (1) possible adverse health effects of the vapor released from the electronic cigarettes; (2) the effectiveness of electronic cigarettes as a smoking cessation tool; (3) the occurrence of nicotine addiction when using an electronic cigarettes as opposed to a cigarette or other tobacco products; (4) the chemical composition of liquid nicotine use to refill electronic cigarettes and any threat to public health from such liquid nicotine; (5) the possible adverse health effects of exposure to liquid nicotine that is sold to refill electronic cigarettes; (6) the different threats to public health from the use of refillable versus non-refillable electronic cigarette systems. A report must be issued within one year of the effective date of this bill on the findings of the study and any recommendations the department may have.

Section 13: Provides the effective date of immediately, except for sections 1 through 11 which shall take effect 90 days after this bill shall become law.

JUSTIFICATION: Prohibiting the Use of Electronic Cigarettes In Public Indoor Areas This bill prohibits the use of an electronic cigarette in certain areas as set forth in the Indoor Clean Air Act, raises the age to purchase tobacco products and electronic cigarettes in New York State to 21 and requires the Department of Health to undertake a study into the dangers of electronic cigarettes and their effect on the public health.

The Indoor Clean Air Act prohibits the smoking of tobacco or within places of employment, bars, food service establishments, public transportation, child care facilities, college dorms (both public and private), hospitals, indoor arenas, zoos and bingo parlors. New York

City has recently banned the use of electronic cigarettes in places where cigarettes or other tobacco products cannot be smoked, including restaurants, bars, parks and beaches. This bill would seek to extend the prohibition on using electronic cigarettes statewide.

Raising The Age to Purchase Tobacco Products and Electronic Cigarettes to 21

Currently, high school students who are 18 or older may legally purchase tobacco products. Younger students under 18 can get these tobacco products from their older classmates who can legally purchase them. According to the Surgeon General, 90% of the people who purchase cigarettes for minors are between the ages of 18 and 20.

Avoiding the use of tobacco products at an early age is key to curbing addiction later in life. According to the American Lung Association, 85% of adult smokers started smoking before the age of 21. By raising the age for the purchase of tobacco products and e-cigarettes, these products will be taken out of school age children's hands by cutting off their easiest access to them, their fellow students. Although smoking among high schoolers has decreased nearly 56% from 2000 to 2012, the rate of smoking among teens has begun to level out and be stuck at around 12%.

While this is encouraging, more has to be done to get tobacco products out of the hands of teenagers.

Although some believe that e-cigarettes are a "safer" alternative to tobacco products, these products still contain nicotine, a highly addictive product. Teenagers are especially susceptible to nicotine addiction and the earlier they start, the more likely they are to be addicted later in life. According to the Surgeon General, nicotine exposure to young adults may have long lasting effects as it occurs during a critical time of brain development. According to the New York State School Board Association, the use of electronic cigarettes among middle school and high school student has doubled from 2011 to 2012.

Recently, New York City and Suffolk county raised the age for the purchase of tobacco products and electronic cigarettes to 21. New York State should follow this example and increase the age to purchase tobacco products and electronic cigarettes to 21 statewide.

Health Commissioner Study

Electronic cigarettes are a relatively new battery operated device that electronically vaporizes a liquid that contains nicotine for the user to then inhale. Electronic cigarettes have been marketed as a "safer" alternative to regular tobacco products since they do not actually need to be "smoked." They have also been marketed as a smoking cessation tool. However, little is known about what is in the liquid that is being vaporized or the vapor that is exhaled by the user.

Currently, there are two types of electronic cigarettes on the market, refillable (or open system) and non-refillable (closed system). The non-refillable electronic cigarettes have a certain amount of uses and are not intended to be refilled by the user. Refillable or open system

electronic cigarettes are designed to have removable cartridges that the user can refill themselves with liquid nicotine.

Liquid nicotine is a liquid that contains nicotine and other chemicals and possibly flavoring. Liquid nicotine has been found to be harmful if ingested or exposed to someone's skin. Between 2012 and 2013 calls to poison control centers involving liquid nicotine increased by 300 percent.

Electronic cigarettes and liquid nicotine are not regulated by the state or FDA because they do not contain tobacco. This means there are no standards for how much nicotine is present in the liquid nicotine, how much nicotine is emitted per inhalation of an electronic cigarette, or what other chemicals are present in the liquid nicotine. The FDA is currently in the process of developing its own regulations that would extend its authority to regulate electronic cigarettes as "tobacco products." However, these regulations have not been finalized yet.

As much is still unknown about the possible dangers of electronic cigarettes and liquid nicotine, this bill would authorize the department of health to examine these potential dangers to the general public.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None. There may be a decrease in cigarette tax revenue from raising the age to purchase tobacco products from 18 to 21 years old.

EFFECTIVE DATE: This bill shall take effect immediately, provided that sections one through eleven of this act shall take effect on the ninetieth day after it shall become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7737 IN SENATE June 3, 2014 ___________
Introduced by Sens. STEWART-COUSINS, RIVERA -- 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 vaporization of nicotine within electronic cigarettes in certain areas; to amend the public health law, the penal law and the adminis- trative code of the city of New York, in relation to increasing the purchasing age for tobacco products and electronic cigarettes from eighteen to twenty-one; and relating to directing the department of health to evaluate the health effects of electronic cigarettes on members of the public THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 1399-n of the public health law, as amended by chapter 13 of the laws of 2003, is amended to read as follows: 8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco OR THE VAPORIZATION OF NICOTINE OR OTHER CHEMICALS WITHIN AN ELECTRONIC CIGARETTE. S 2. Subdivision 4 of section 1399-aa of the public health law, as added by chapter 799 of the laws of 1992, is amended to read as follows: 4. "Private club" means an organization with no more than an insignif- icant portion of its membership comprised of people under the age of [eighteen] TWENTY-ONE years that regularly receives dues and/or payments from its members for the use of space, facilities and services. S 3. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb of the public health law, as amended by chapter 13 of the laws of 2003, are amended to read as follows: (b) conventions and trade shows; provided that the distribution is confined to designated areas generally accessible only to persons over the age of [eighteen] TWENTY-ONE; (c) events sponsored by tobacco [or], herbal cigarette OR ELECTRONIC CIGARETTE manufacturers provided that the distribution is confined to designated areas generally accessible only to persons over the age of [eighteen] TWENTY-ONE;
(f) factories as defined in subdivision nine of section thirteen hundred ninety-nine-aa of this article and construction sites; provided that the distribution is confined to designated areas generally accessi- ble only to persons over the age of [eighteen] TWENTY-ONE. S 4. Subdivision 4 of section 1399-bb of the public health law, as amended by chapter 508 of the laws of 2000, is amended and a new subdi- vision 5 is added to read as follows: 4. The distribution of tobacco products [or], herbal cigarettes OR ELECTRONIC CIGARETTES pursuant to subdivision two of this section shall be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] TWENTY-ONE years of age. Such identification need not be required of any individual who reasonably appears to be at least [twenty-five] THIRTY years of age; provided, however, that such appear- ance shall not constitute a defense in any proceeding alleging the sale of a tobacco product [or], herbal cigarette OR ELECTRONIC CIGARETTE to an individual UNDER TWENTY-ONE YEARS OF AGE. 5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 5. Subdivisions 2, 3 and 7 of section 1399-cc of the public health law, as amended by chapter 448 of the laws of 2012, are amended and a new subdivision 8 is added to read as follows: 2. Any person operating a place of business wherein tobacco products, herbal cigarettes, shisha or electronic cigarettes, are sold or offered for sale is prohibited from selling such products, herbal cigarettes, shisha, electronic cigarettes or smoking paraphernalia to individuals under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu- ous place a sign upon which there shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC- CO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height. 3. Sale of tobacco products, herbal cigarettes, shisha or electronic cigarettes in such places, other than by a vending machine, shall be made only to an individual who demonstrates, through (a) a valid driv- er's license or non-driver's identification card issued by the commis- sioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid passport issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least [eighteen] TWENTY-ONE years of age. Such identification need not be required of any individual who reasonably appears to be at least [twenty-five] THIRTY years of age, provided, however, that such appear- ance shall not constitute a defense in any proceeding alleging the sale
of a tobacco product, herbal cigarettes, shisha or electronic cigarettes to an individual under [eighteen] TWENTY-ONE years of age. 7. No person operating a place of business wherein tobacco products, herbal cigarettes, shisha or electronic cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, herbal cigarettes, shisha or electronic ciga- rettes in any manner, unless such products and cigarettes are stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses, as defined in subdi- vision eight of section thirteen hundred ninety-nine-aa of this article, and to places to which admission is restricted to persons [eighteen] TWENTY-ONE years of age or older. 8. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 6. Section 1399-dd of the public health law, as amended by chapter 448 of the laws of 2012, is amended to read as follows: S 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron- ic cigarettes in vending machines. No person, firm, partnership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or electronic cigarettes unless such machine is located: (a) in a bar as defined in subdivision one of section thir- teen hundred ninety-nine-n of this chapter, or the bar area of a food service establishment with a valid, on-premises full liquor license; (b) in a private club; (c) in a tobacco business as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article; or (d) in a place of employment which has an insignificant portion of its regu- lar workforce comprised of people under the age of [eighteen] TWENTY-ONE years and only in such locations that are not accessible to the general public; provided, however, that in such locations the vending machine is located in plain view and under the direct supervision and control of the person in charge of the location or his or her designated agent or employee. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 7. Subdivision 1 of section 1399-ff of the public health law, as amended by chapter 448 of the laws of 2012, is amended and a new subdi- vision 4 is added to read as follows: 1. Where a civil penalty for a particular incident has not been imposed or an enforcement action regarding an alleged violation for a particular incident is not pending under section thirteen hundred nine- ty-nine-ee of this article, a parent or guardian of a [minor] PERSON
UNDER TWENTY-ONE YEARS OF AGE to whom tobacco products, herbal ciga- rettes or electronic cigarettes are sold or distributed in violation of this article may submit a complaint to an enforcement officer setting forth the name and address of the alleged violator, the date of the alleged violation, the name and address of the complainant and the [minor] PERSON UNDER TWENTY-ONE YEARS OF AGE, and a brief statement describing the alleged violation. The enforcement officer shall notify the alleged violator by certified or registered mail, return receipt requested, that a complaint has been submitted, and shall set a date, at least fifteen days after the mailing of such notice, for a hearing on the complaint. Such notice shall contain the information submitted by the complainant. 4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION. S 8. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the public health law, as added by chapter 518 of the laws of 2000, are amended to read as follows: (b) Any person operating a tobacco business wherein bidis is sold or offered for sale is prohibited from selling such bidis to individuals under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu- ous place a sign upon which there shall be imprinted the following statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height. (c) Sales of bidis by a tobacco business shall be made only to an individual who demonstrates, through a driver's license or other photo- graphic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] TWEN- TY-ONE years of age. Such identification need not be required of any individual who reasonably appears to be at least [twenty-five] THIRTY years of age, provided, however, that such appearance shall not consti- tute a defense in any proceeding alleging the sale of a tobacco product to an individual under [eighteen] TWENTY-ONE years of age. S 9. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of section 1399-mm of the public health law, as added by chapter 549 of the laws of 2003, are amended to read as follows: 1. No person shall knowingly sell or provide gutka to any other person under [eighteen] TWENTY-ONE years of age. No other provision of law authorizing the sale of tobacco products, other than subdivision two of this section, shall authorize the sale of gutka. Any person who violates the provisions of this subdivision shall be subject to a civil penalty of not more than five hundred dollars. (b) Any person operating a tobacco business wherein gutka is sold or offered for sale is prohibited from selling such gutka to individuals under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu- ous place a sign upon which there shall be imprinted the following statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height.
(c) Sales of gutka by a tobacco business shall be made only to an individual who demonstrates, through a driver's license or other photo- graphic identification card issued by a government entity or educational institution indicating that the individual is at least [eighteen] TWEN- TY-ONE years of age. Such identification need not be required of any individual who reasonably appears to be at least [twenty-five] THIRTY years of age, provided, however, that such appearance shall not consti- tute a defense in any proceeding alleging the sale of a tobacco product to an individual under [eighteen] TWENTY-ONE years of age. S 10. Subdivision 3 of section 260.21 of the penal law, as added by chapter 362 of the laws of 1992, is amended to read as follows: 3. He OR SHE sells or causes to be sold tobacco in any form to a child less than [eighteen] TWENTY-ONE years old, HOWEVER NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION. S 11. Section 17-714 of the administrative code of the city of New York, as amended by local law number 69 of the city of New York for the year 2009, is amended to read as follows: S 17-714 Sale of herbal cigarettes to minors prohibited. It shall be unlawful for any person to sell or offer for sale herbal cigarettes to an individual under [eighteen] TWENTY-ONE years of age. S 12. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Electronic cigarette" shall have the same meaning as the term is defined in section 1399-aa of the public health law. (b) "Refillable electronic cigarette" shall mean an electronic ciga- rette that is designed to allow for cartridges to be removed and replaced with new cartridges of liquid nicotine. (c) "Non-refillable electronic cigarette" shall mean an electronic cigarette that is designed to have a finite number of uses and not intended to be refilled with liquid nicotine cartridges. (d) "Liquid nicotine" shall mean a liquid composed of nicotine and other chemicals, which is sold as a product that may be used in an elec- tronic cigarette. 2. Within sixty days of the effective date of this act, the department of health shall commence to examine and evaluate the effects of elec- tronic cigarettes on the public health. Such study shall examine: (a) the possible adverse health effects of the vapor released from electronic cigarettes; (b) the effectiveness of electronic cigarettes as a smoking cessation tool; (c) the occurrence of nicotine addiction when using an electronic cigarette as opposed to a cigarette or other tobacco products; (d) the chemical composition of liquid nicotine used to refill elec- tronic cigarettes and any threat to public health from such liquid nico- tine; (e) the possible adverse health effects from exposure to liquid nico- tine that is sold to refill electronic cigarettes; and
(f) the different threats to public health from the use of refillable versus non-refillable electronic cigarette systems. 3. Within one year of the effective date of this act, the commissioner of health shall report to the governor and the legislature the depart- ment of health's findings and make any recommendations he or she shall deem necessary. S 13. This act shall take effect immediately; provided however that sections one through eleven of this act shall take effect on the nineti- eth day after it shall have become a law.

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