A 100: Requires electronic cigarette packaging to include a warning that the product may pose an explosion hazard.

  
  STATE OF NEW YORK ________________________________________________________________________ 100 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 and the general business law, in relation to the labeling of electronic cigarette packaging The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 1399-cc of the public health law, 2 as amended by chapter 100 of the laws of 2019, is amended to read as 3 follows: 4 7. No person operating a place of business wherein tobacco products, 5 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 6 sold or offered for sale shall sell, permit to be sold, offer for sale 7 or display for sale any tobacco product, herbal cigarettes, liquid nico- 8 tine, shisha or electronic cigarettes in any manner, unless such 9 products and cigarettes are stored for sale (a) behind a counter in an 10 area accessible only to the personnel of such business, or (b) in a 11 locked container; provided, however, such restriction shall not apply to 12 tobacco businesses, as defined in subdivision eight of section thirteen 13 hundred ninety-nine-aa of this article, and to places to which admission 14 is restricted to persons twenty-one years of age or older. Provided, 15 further, that, in the case of electronic cigarettes, the packages there- 16 of shall comply with the provisions of section three hundred ninety- 17 eight-g of the general business law. 18 § 2. The general business law is amended by adding a new section 398-g 19 to read as follows: 20 § 398-g. Electronic cigarette package labeling. 1. Every package 21 containing an electronic cigarette, as defined in subdivision thirteen 22 of section thirteen hundred ninety-nine-aa of the public health law, 23 sold, offered for sale or otherwise distributed without charge within 24 this state, shall have printed thereon or attached thereto a warning EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00667-01-5 
 A. 100 2 1 label. Such label shall contain the following statement: "WARNING: 2 Explosion Hazard: this product may overheat, catch fire or explode." 3 2. Any person, firm, corporation or association who violates the 4 provisions of this section shall be subject to a civil penalty of not 5 more than one thousand dollars for each such violation. 6 § 3. This act shall take effect on the one hundred twentieth day after 7 it shall have become a law.