S T A T E O F N E W Y O R K ________________________________________________________________________ 428 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the sale and distribution of flavored e-liquid for use in e-cigarettes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 1399-mm-1 to read as follows: § 1399-MM-1. SALE OF FLAVORED E-LIQUID PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "FLAVORED E-LIQUID" SHALL MEAN A LIQUID COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN ELECTRONIC CIGARETTE WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR ADDITIVE THAT CAUSES SUCH E-LIQUID OR ITS SMOKE TO HAVE A CHARACTER- IZING FLAVOR. (B) "CHARACTERIZING FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING BUT NOT LIMITED TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA, DESSERT, ALCOHOLIC BEVERAGE, HERB OR SPICE FLAVOR- ING, BUT SHALL NOT INCLUDE TOBACCO OR MENTHOL. 2. NO PERSON SHALL SELL, OFFER FOR SALE OR DISTRIBUTE IN THIS STATE ANY FLAVORED E-LIQUID OR E-CIGARETTE CONTAINING FLAVORED E-LIQUID. NO OTHER PROVISION OF LAW AUTHORIZING THE SALE OF TOBACCO PRODUCTS SHALL AUTHORIZE THE SALE OF FLAVORED E-LIQUID. 3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL PACKAGE OF FLAVORED E-LIQUID PRODUCT SOLD OR OFFERED FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIFTY THOUSAND DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S TOBACCO PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets