New York A 5406: Requires manufacturers and dealers of liquid nicotine products accept used liquid nicotine products for recycling and creates the crime of improper disposal of a liquid nicotine product

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A05406 Summary:

BILL NOA05406 

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SAME ASNo Same As

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SPONSORBrown K

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COSPNSRGiglio

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MLTSPNSR

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Add §391-x, Gen Bus L; add §145.75, Pen L

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Requires manufacturers and dealers of liquid nicotine products accept used liquid nicotine products for recycling; creates the crime of improper disposal of a liquid nicotine product.

Go to top A05406 Actions:

BILL NOA05406 

&nbsp

02/13/2025referred to economic development

01/07/2026referred to economic development

Go to topA05406 Committee&nbspVotes:

Go to topA05406 Floor&nbspVotes:

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

Go to topA05406 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5406

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 13, 2025
 ___________

 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
 tee on Economic Development

 AN ACT to amend the general business law and the penal law, in relation
 to requiring manufacturers and dealers of liquid nicotine products
 accept used liquid nicotine products for recycling and creates the
 crime of improper disposal of a liquid nicotine product

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

 1 Section 1. The general business law is amended by adding a new section
 2 391-x to read as follows:
 3 § 391-x. Return of liquid nicotine products for recycling. 1. For the
 4 purposes of this section, the term "liquid nicotine product" shall mean
 5 a product containing a liquid composed of nicotine and other chemicals,
 6 and which is sold as a product that may be used with an electronic ciga-
 7 rette, as defined by subdivision thirteen of section thirteen hundred
 8 ninety-nine-aa of the public health law.
 9 2. Manufacturers of liquid nicotine products shall accept the return
 10 of such products for recycling by liquid nicotine product dealers.
 11 Liquid nicotine product dealers shall accept the return of any used
 12 liquid nicotine products for recycling.
 13 3. Liquid nicotine product manufacturers which import for profit, sell
 14 or offer liquid nicotine products for sale in this state shall be
 15 responsible for, at a minimum, the following:
 16 a. Submittance to the commissioner of environmental conservation of a
 17 plan that identifies the methods by which such manufacturers will safely
 18 collect and recycle liquid nicotine products and the liquid nicotine
 19 contained therein.
 20 b. Submittance to the department of environmental conservation of
 21 annual reports, on a form prescribed by such department, concerning the
 22 amount of liquid nicotine products received within the state and recy-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04545-01-5

 A. 5406 2

 1 cled either by number or by weight; the costs of such efforts; and any
 2 other relevant information as required by such department.
 3 c. Undertaking of efforts to educate consumers regarding the appropri-
 4 ate ways to recycle liquid nicotine products.
 5 4. The commissioner of environmental conservation shall approve or
 6 reject any liquid nicotine product manufacturer's collection, transpor-
 7 tation, and recycling plans described in paragraph a of subdivision
 8 three of this section within ninety days of submission and, if rejected,
 9 inform the liquid nicotine product manufacturer in writing as to any
 10 deficiencies in said plan. Liquid nicotine product manufacturers shall
 11 amend and resubmit any rejected plans for reconsideration within sixty
 12 days of notification of the rejection of said plan. Such commissioner
 13 shall approve or reject said plan within thirty days of resubmission.
 14 5. Any person, firm, corporation, partnership, association, limited
 15 liability company or other entity that violates the provisions of this
 16 section shall be subject to a civil penalty of not more than five
 17 hundred dollars for each separate violation, to be recovered by any
 18 enforcement authority designated by a municipality or political subdivi-
 19 sion in which such violation occurred.
 20 § 2. The penal law is amended by adding a new section 145.75 to read
 21 as follows:
 22 § 145.75 Improper disposal o