§ 1399-MM-1 — Sale of flavored products prohibited

New York § 1399-MM-1

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 13-F: Regulation of Tobacco Products, Herbal Cigarettes, Kratom and Smoking Paraphernalia; Distribution to Minors

Text

§ 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes\nof this section "flavored" shall mean any vapor product intended or\nreasonably expected to be used with or for the consumption of nicotine,\nwith a distinguishable taste or aroma, other than the taste or aroma of\ntobacco, imparted either prior to or during consumption of such product\nor a component part thereof, including but not limited to tastes or\naromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa,\ndessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice,\nor any concept flavor that imparts a taste or aroma that is\ndistinguishable from tobacco flavor but may not relate to any particular\nknown flavor. A vapor product intended or reasonably expected to be used\nwith or for the consumption of nicotine, shall be presumed to be\nflavored if a product's retailer, manufacturer, or a manufacturer's\nagent or employee has made a statement or claim directed to consumers or\nthe public, whether expressed or implied, that such product or device\nhas a distinguishable taste or aroma other than the taste or aroma of\ntobacco.\n 2. No vapor products dealer, or any agent or employee of a vapor\nproducts dealer, shall sell or offer for sale at retail in the state any\nflavored vapor product intended or reasonably expected to be used with\nor for the consumption of nicotine.\n 3. Any vapor products dealer, or any agent or employee of a vapor\nproducts dealer, who violates the provisions of this section shall be\nsubject to a civil penalty of not more than one hundred dollars for each\nindividual package of flavored vapor product intended or reasonably\nexpected to be used with or for the consumption of nicotine sold or\noffered for sale, provided, however, that with respect to a\nmanufacturer, it shall be an affirmative defense to a finding of\nviolation pursuant to this section that such sale or offer of sale, as\napplicable, occurred without the knowledge, consent, authorization, or\ninvolvement, direct or indirect, of such manufacturer. Violations of\nthis section shall be enforced pursuant to section thirteen hundred\nninety-nine-ff of this article, except that any person may submit a\ncomplaint to an enforcement officer that a violation of this section has\noccurred.\n 4. The provisions of this section shall not apply to any vapor\nproducts dealer, or any agent or employee of a vapor products dealer,\nwho sells or offers for sale, or who possess with intent to sell or\noffer for sale, any flavored vapor product intended or reasonably\nexpected to be used with or for the consumption of nicotine that the\nU.S. Food and Drug Administration has authorized to legally market as\ndefined under 21 U.S.C. § 387j and that has received a premarket review\napproval order under 21 U.S.C. § 387j(c) et seq.\n