New York Senate Bill S00435 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 435 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. LIU -- 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 of electronic cigarettes that contain certain toxic metals and requiring the department of health to study the long term health effects of using electronic cigarettes 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-gg-1 to read as follows: 3 § 1399-gg-1. Prohibition on the sale of electronic cigarettes that 4 contain toxic metals. 1. The department shall establish a list of 5 toxins which persons engaged in the business of manufacturing, selling 6 or otherwise distributing electronic cigarettes or any agent or employee 7 of such person shall be prohibited from using in the manufacture of such 8 electronic cigarettes. Such list shall include, but not be limited to, 9 lead, manganese, nickel, chromium, zinc and other toxic metals. Such 10 list shall be regularly updated and shall be published on the depart- 11 ment's website. 12 2. No person engaged in the business of manufacturing, selling or 13 otherwise distributing electronic cigarettes or any agent or employee of 14 such person shall manufacture, sell, or otherwise distribute electronic 15 cigarettes that contain a toxin included on the list established by the 16 department pursuant to subdivision one of this section, including in the 17 heating element or any other internal part of such electronic ciga- 18 rettes. 19 § 2. The department of health shall promulgate any rules and regu- 20 lations, including, but not limited to establishing a list of toxins 21 that are prohibited in the manufacture of electronic cigarettes as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01675-02-5 
 S. 435 2 1 required by section thirteen hundred ninety-nine-gg-1 of the public 2 health law, as added by section one of this act. 3 § 3. Paragraph (v) of subdivision 1 of section 206 of the public 4 health law, as added by chapter 100 of the laws of 2016, is relettered 5 paragraph (x) and a new paragraph (y) is added to read as follows: 6 (y) direct the department to study the long term health effects on 7 users of electronic cigarettes. Such study shall include data on the 8 long term health effects of inhaling heated aerosols contained in elec- 9 tronic cigarettes. 10 § 4. This act shall take effect on the one hundred eightieth day after 11 it shall have become a law. Effective immediately, the addition, amend- 12 ment and/or repeal of any rule or regulation necessary for the implemen- 13 tation of this act on its effective date are authorized to be made and 14 completed on or before such effective date.