New York A 5911: Relates to the labeling, marketing and safety requirements of vapor products; repealer

Bill Text

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A05911 Summary:

BILL NOA05911 

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SAME ASSAME AS S04913

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SPONSOREachus

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COSPNSR

&nbsp

MLTSPNSR

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Rpld §1399-mm-1, add Art 13-I §§1399-xx - 1399-bbb, Pub Health L; add §99-ss, St Fin L

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Relates to the labeling, marketing and safety requirements of vapor products; prohibits labeling or marketing vapor products with certain terms, designs, or imagery; prohibits marketing such products to persons under 21; establishes penalties for violating such provisions; establishes the vapor products compliance fund.

Go to top A05911 Actions:

BILL NOA05911 

&nbsp

02/24/2025referred to health

01/07/2026referred to health

Go to topA05911 Committee&nbspVotes:

Go to topA05911 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05911 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5911

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 24, 2025
 ___________

 Introduced by M. of A. EACHUS -- read once and referred to the Committee
 on Health

 AN ACT to amend the public health law, in relation to regulating vapor
 products; to amend the state finance law, in relation to establishing
 the vapor products compliance fund; and to repeal certain provisions
 of the public health law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1399-mm-1 of the public health law is REPEALED.
 2 § 2. This act shall be known and may be cited as the "vapor products
 3 regulatory act of 2025".
 4 § 3. The public health law is amended by adding a new article 13-I to
 5 read as follows:

 6 ARTICLE 13-I
 7 VAPOR PRODUCTS REGULATORY ACT

 8 Section 1399-xx. Purpose of article.
 9 1399-yy. Definitions.
 10 1399-zz. Manufacturing, labeling, marketing, and safety
 11 requirements.
 12 1399-aaa. Penalties and suspension; enforcement.
 13 1399-bbb. Exceptions.
 14 § 1399-xx. Purpose of article. The purpose of this article is to
 15 protect public health and safety by ensuring the safety and security of
 16 e-liquid and vapor products manufactured for sale in this state, ensur-
 17 ing that e-liquid and vapor products manufactured or sold in this state
 18 conform to appropriate standards related to labeling, marketing, and
 19 appearance, ensuring that e-liquid and vapor products are not contam-
 20 inated by the inclusion of ingredients or other substances that might
 21 pose unreasonable threats to public health and safety, and ensuring that

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06693-02-5

 A. 5911 2

 1 e-liquid and vapor products manufactured or sold in this state are not
 2 targeted to appeal to minors.
 3 § 1399-yy. Definitions. As used in this article:
 4 1. "Adult-only store" means a retail store operated by a retail dealer
 5 or vapor products dealer to which admission is restricted to persons
 6 twenty-one years of age or older and which posts signage on the entrance
 7 to such store which states "MINORS UNDER 21 AND UNACCOMPANIED BY AN
 8 ADULT ARE NOT ALLOWED ON THE PREMISES."
 9 2. "Advertise" or "advertising" means the publication or dissemination
 10 of an advertisement.
 11 3. "Advertisement" includes any written or verbal statement, illus-
 12 tration, or depiction which is calculated to induce sales of vapor
 13 products, including any written, printed, graphic, or other material,
 14 billboard, sign, or other outdoor display, public transit card, other
 15 periodical literature, publication, or in a radio or television broad-
 16 cast, or in any other media; except that such term shall not include:
 17 (a) Any label affixed to any e-liquid or vapor product, or any indi-
 18 vidual covering, carton, or other wrapper of such bottle that consti-
 19 tutes a part of the labeling under provisions of this article.
 20 (b) Any editorial or other reading material in any periodical or
 21 publication or newspaper for the publication of which now money or valu-
 22 able consideration is paid or promised, directly or indirectly, by any
 23 licensee, and which is not written by or at the direction of the licen-
 24 see.
 25 4. "Distributor" means a person who has a permit that authorizes such