New York A 1636: Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge

Bill Text

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A01636 Summary:

BILL NOA01636 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRosenthal

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §391-x, Gen Bus L

&nbsp

Prohibits the sale or provision of any quantity of electronic liquid used to refill an electronic cigarette or cartridge.

Go to top A01636 Actions:

BILL NOA01636 

&nbsp

01/10/2025referred to health

01/07/2026referred to health

Go to topA01636 Committee&nbspVotes:

Go to topA01636 Floor&nbspVotes:

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

Go to topA01636 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1636

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

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

 AN ACT to amend the general business law, in relation to prohibiting the
 provision of any quantity of an electronic liquid

 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
 2 section 391-x to read as follows:
 3 § 391-x. Electronic liquids or e-liquids; prohibition. 1. No person,
 4 firm, corporation, partnership, association, limited liability company
 5 or other entity shall sell, offer to sell or give away, for either
 6 retail, wholesale or promotional purposes, an electronic liquid or e-li-
 7 quid used to refill an electronic cigarette or cartridge. Provided,
 8 however, that the commissioner of health may exempt a registered
 9 in-state manufacturer of e-liquids from the provision of this section.
 10 2. Any person, firm, corporation, partnership, association, limited
 11 liability company or other entity that violates the provisions of subdi-
 12 vision one of this section shall be subject to a civil penalty of not
 13 more than five hundred dollars for each separate violation of such
 14 subdivision, to be recovered by any enforcement authority designated by
 15 a municipality or political subdivision in which such violation
 16 occurred.
 17 3. For the purposes of this section, "liquid nicotine", "electronic
 18 liquid" or "e-liquid" means a liquid composed of nicotine and other
 19 chemicals, and which is sold as a product that may be used in an elec-
 20 tronic cigarette, as defined by subdivision thirteen of section thirteen
 21 hundred ninety-nine-aa of the public health law.
 22 4. The provisions of this section shall not apply to any liquid nico-
 23 tine, electronic liquid or e-liquid that is contained in a prefilled,
 24 sealed cartridge that is sold, marketed or intended for use in an elec-
 25 tronic cigarette, as defined by subdivision thirteen of section thirteen

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04220-01-5

 A. 1636 2

 1 hundred ninety-nine-aa of the public health law, provided that such
 2 cartridge is prefilled and sealed by the manufacturer, and not intended
 3 to be opened by the consumer.
 4 § 2. This act shall take effect on the ninetieth day after it shall
 5 have become a law.

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