A 884: Provides that every package containing an electronic cigarette and the electronic cigarette itself, as defined in subdivision thirteen of section thirteen hundred ninety-nine-aa of the public health law, sold, offered for sale or otherwise distributed without charge within this state, shall be designed by the department of health and such package containing an electronic cigarette and the electronic cigarette itself shall include printed thereon or attached thereto a health warning and disclaimer label designed by the department of health.

  
  STATE OF NEW YORK ________________________________________________________________________ 884 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 products and packag- ing 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 product and the 16 packages thereof shall comply with the provisions of section three 17 hundred ninety-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 product and package labeling. 1. Every 21 package containing an electronic cigarette and the electronic cigarette 22 itself, as defined in subdivision thirteen of section thirteen hundred 23 ninety-nine-aa of the public health law, sold, offered for sale or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02952-01-5 
 A. 884 2 1 otherwise distributed without charge within this state, shall be 2 designed by the department of health and such package containing an 3 electronic cigarette and the electronic cigarette itself shall include 4 printed thereon or attached thereto a health warning and disclaimer 5 label designed by the department of health. 6 2. Any person, firm, corporation or association who violates the 7 provisions of this section shall be subject to a civil penalty of not 8 more than one thousand dollars for each such violation. 9 § 3. The department of health shall design and standardize all elec- 10 tronic cigarette designs, including, but not limited to, the electronic 11 cigarette itself, the electronic cigarette packaging, a prominent health 12 warning and disclaimer on the actual product and the packaging of such 13 product. 14 § 4. This act shall take effect on the one hundred twentieth day after 15 it shall have become a law. Effective immediately, the addition, amend- 16 ment and/or repeal of any rule or regulation necessary for the implemen- 17 tation of this act on its effective date are authorized to be made and 18 completed on or before such effective date.