New York S 5196: Prohibits the storage of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale

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S05196 Summary:

BILL NOS05196A

&nbsp

SAME ASSAME AS A02128-A

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRBROUK, COMRIE, FAHY, FERNANDEZ, JACKSON, KRUEGER, MARTINEZ, MAYER, MYRIE, PALUMBO, RHOADS, WEBB,
 WEBER

&nbsp

MLTSPNSR

&nbsp

Amd §§1399-aa, 1399-ee, 1399-ff, 1399-gg, 1399-hh, 1399-ii, 1399-ii-1, 1399-ll & 1399-mm-1, Pub Health L; amd
§1183, Tax L

&nbsp

Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.

Go to top S05196 Actions:

BILL NOS05196A

&nbsp

02/19/2025REFERRED TO HEALTH

04/29/20251ST REPORT CAL.892

04/30/20252ND REPORT CAL.

05/01/2025ADVANCED TO THIRD READING 

06/05/2025AMENDED ON THIRD READING 5196A

06/13/2025COMMITTED TO RULES

Go to topS05196 Committee&nbspVotes:

Go to topS05196 Floor&nbspVotes:

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

Go to topS05196 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5196--A
 Cal. No. 892

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, BROUK, COMRIE, FAHY, FERNANDEZ, JACK-
 SON, KRUEGER, MARTINEZ, MAYER, MYRIE, PALUMBO, WEBB, WEBER -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Health -- reported favorably from said committee, ordered
 to first and second report, ordered to a third reading, amended and
 ordered reprinted, retaining its place in the order of third reading

 AN ACT to amend the public health law and the tax law, in relation to
 prohibiting the storage of flavored vapor products near where vapor or
 tobacco products are sold at retail or wholesale

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

 1 Section 1. Subdivisions 1, 17 and 18 of section 1399-aa of the public
 2 health law, subdivision 1 as amended by chapter 13 of the laws of 2003,
 3 and subdivisions 17 and 18 as added by section 2 of part EE of chapter
 4 56 of the laws of 2020, are amended to read as follows:
 5 1. "Enforcement officer" means the enforcement officer designated
 6 pursuant to article thirteen-E of this chapter to enforce such article
 7 and hold hearings pursuant thereto; provided that in a city with a popu-
 8 lation of more than one million it shall also mean an officer or employ-
 9 ee or any agency of such city that is authorized to enforce any local
 10 law of such city related to the regulation of the sale of cigarettes,
 11 tobacco products, or vapor products to minors.
 12 17. "Vapor products" means any noncombustible liquid or gel, regard-
 13 less of the presence of nicotine therein, that is manufactured into a
 14 finished product for use in an electronic [cigarette, including any]
 15 device that delivers vapor which is inhaled, including any refill,
 16 cartridge, device, or component thereof, that contains or is intended
 17 to be used with such noncombustible liquid or gel. "Vapor product" shall
 18 not include any device, or any component thereof, that does not contain
 19 such noncombustible liquid or gel, or any product approved by the United
 20 States food and drug administration as a drug or medical device, as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05720-02-5

 S. 5196--A 2

 1 those terms are defined in the federal food, drug, and cosmetic act, or
 2 manufactured and dispensed pursuant to [title five-A] article three,
 3 four, or five of [article thirty-three of this chapter] the cannabis
 4 law.
 5 18. "Vapor products dealer" means a person licensed by the commission-
 6 er of taxation and finance to sell vapor products [in this state], or a
 7 person or business required to obtain such license.
 8 § 2. Subdivision 2 and paragraph (f) of subdivision 3 of section
 9 1399-ee of the public health law, as amended by section 6 of part EE
 10 of chapter 56 of the laws of 2020, are amended to read as follows:
 11 2. If the enforcement officer determines after a hearing that a
 12 violation of this article has occurred, [he or she] or that a state or
 13 local health official was denied