§ 1701 — Disclosure

New York § 1701

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 17: Ingredient Disclosures For Vapor Products and E-cigarettes

Text

§ 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes\ndistributed, sold, or offered for sale in this state, whether at retail\nor wholesale, shall furnish to the commissioner for public record and\npost on such manufacturer's website, in a manner prescribed by the\ncommissioner that is readily accessible to the public and machine\nreadable, information regarding such products pursuant to rules or\nregulations which shall be promulgated by the commissioner.\n (a) For each vapor product, the information posted pursuant to this\nsubdivision shall include, but shall not be limited to:\n (i) a list naming each ingredient of such vapor product in descending\norder of predominance by weight in such product, except that ingredients\npresent at a weight below one percent may be listed following other\ningredients without respect to the order of predominance by weight;\n (ii) the nature and extent of investigations and research performed by\nor for the manufacturer concerning the effects on human health of such\nproduct or its ingredients;\n (iii) where applicable, a statement disclosing that an ingredient of\nsuch product is published as a chemical of concern on one or more lists\nidentified by the commissioner; and\n (iv) for each ingredient published as a chemical of concern on one or\nmore lists identified by the commissioner, an evaluation of the\navailability of potential alternatives and potential hazards posed by\nsuch alternatives.\n (b) For each e-cigarette the information posted pursuant to this\nsubdivision shall include, but shall not be limited to:\n (i) a list naming any toxic metal, including but not limited to lead,\nmanganese, nickel, chromium, or zinc, as a constituent of any heating\nelement included in such e-cigarette;\n (ii) a list naming each byproduct that may be introduced into vapor\nproduced during the normal use of such e-cigarette;\n (iii) the nature and extent of investigations and research performed\nby or for the manufacturer concerning the effects on human health of\nsuch product or such ingredients;\n (iv) where applicable, a statement disclosing that an ingredient is\npublished as a chemical of concern on one or more lists identified by\nthe commissioner; and\n (v) for each constituent of any heating element identified as a toxic\nmetal and ingredient published as a chemical of concern on one or more\nlists identified by the commissioner, an evaluation of the availability\nof potential alternatives and potential hazards posed by such\nalternatives.\n 2. Manufacturers shall furnish the information required to be posted\npursuant to subdivision one of this section on or before January first,\ntwo thousand twenty-one, and every two years thereafter. In addition,\nsuch manufacturers shall furnish such information prior to the sale of\nany new vapor product or e-cigarette, when the formulation of a\ncurrently disclosed product is changed such that the predominance of the\ningredients in such product is changed, when any list of chemicals of\nconcern identified by the commissioner pursuant to this article is\nchanged to include an ingredient present in a vapor product or\ne-cigarette subject to this article, or at such other times as may be\nrequired by the commissioner.\n 3. The information required to be posted pursuant to subdivision one\nof this section shall be made available to the public by the\ncommissioner and manufacturers, in accordance with this section, with\nthe exception of those portions which a manufacturer determines, subject\nto the approval of the commissioner, are related to a proprietary\nprocess the disclosure of which would compromise such manufacturer's\ncompetitive position. The commissioner shall not approve any exceptions\nunder this subdivision with respect to any ingredient published as a\nchemical of concern on one or more lists identified by the commissioner.\n