New York A 273: Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval

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A00273 Summary:

BILL NOA00273 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Add §1399-cc-1, Pub Health L

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Prohibits the sale or distribution of electronic cigarettes lacking federal food and drug administration premarket order of approval; imposes penalties of not less than ten thousand dollars for violations.

Go to top A00273 Actions:

BILL NOA00273 

&nbsp

01/08/2025referred to health

01/07/2026referred to health

Go to topA00273 Committee&nbspVotes:

Go to topA00273 Floor&nbspVotes:

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

Go to topA00273 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 273

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

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

 AN ACT to amend the public health law, in relation to prohibiting the
 sale or distribution of electronic cigarettes without federal food and
 drug administration premarket order of approval

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

 1 Section 1. The public health law is amended by adding a new section
 2 1399-cc-1 to read as follows:
 3 § 1399-cc-1. Sale or distribution of electronic cigarettes lacking
 4 federal food and drug administration premarket order of approval prohib-
 5 ited. 1. The sale or distribution by an establishment of an electronic
 6 cigarette is prohibited where the electronic cigarette:
 7 (a) is a new tobacco product;
 8 (b) requires premarket review under 21 U.S.C. § 387j, as may be
 9 amended from time to time; and
 10 (c) does not have a premarket review order under 21 U.S.C. §
 11 387j(c)(1)(A)(i), as may be amended from time to time.
 12 2. Any person, firm, corporation, partnership, association, limited
 13 liability company, or other entity that violates the provisions of this
 14 section shall be subject to a civil penalty of not less than ten thou-
 15 sand dollars per violation, recoverable in an action by the attorney
 16 general or by any enforcement authority designated by any municipality
 17 or political subdivision.
 18 § 2. This act shall take effect on the one hundred twentieth day after
 19 it shall have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01276-01-5

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