NY state bill banning ecigs

[Territoo]

NY State residents need to act on this ASAP:

A9529 - NY Senate Open Legislation - Rosenthal (MS) - Prohibits the sale of electronic cigarettes to minors and items not defined as a tobacco product or approved by the FDA as a tobacco use cessation or harm reduction - New York State Senate

A9529 Summary

Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.
Act: AN ACT to amend the public health law, in relation to prohibiting the sale of electronic cigarettes to minors and in relation to prohibiting the distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product

[Jeff78]

Does this just effect just minors? Or is this going to effect all people trying to buy E-Cigs? I do not have a problem with banning it to sell to minors.

[davidb]

Jeff, no its not just to minors, that summary is confusing that the site gave.

In the bill:

S 1399-MM-1. PROHIBITION OF PRODUCTS NOT DEFINED AS TOBACCO PRODUCTS
40 OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 1.
41 PRODUCTS CONTAINING OR DELIVERING NICOTINE INTENDED OR EXPECTED FOR
42 HUMAN CONSUMPTION THAT ARE NOT TOBACCO PRODUCTS, AS DEFINED IN SECTION
43 THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, SHALL NOT BE DISTRIB-
44 UTED OR SOLD UNLESS SUCH PRODUCTS HAVE BEEN APPROVED BY THE UNITED
45 STATES FOOD AND DRUG ADMINISTRATION FOR SALE AS TOBACCO USE CESSATION OR
46 HARM REDUCTION PRODUCTS OR FOR OTHER MEDICAL PURPOSES AND ARE BEING
47 MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE.

[Vocalek]

And did you catch the part about the $10,000 fine?

37 S 2. The public health law is amended by adding a new section
38 1399-mm-1 to read as follows:
39 S 1399-MM-1. PROHIBITION OF PRODUCTS NOT DEFINED AS TOBACCO PRODUCTS
40 OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 1.
41 PRODUCTS CONTAINING OR DELIVERING NICOTINE INTENDED OR EXPECTED FOR
42 HUMAN CONSUMPTION THAT ARE NOT TOBACCO PRODUCTS, AS DEFINED IN SECTION
43 THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, SHALL NOT BE DISTRIB-
44 UTED OR SOLD UNLESS SUCH PRODUCTS HAVE BEEN APPROVED BY THE UNITED
45 STATES FOOD AND DRUG ADMINISTRATION FOR SALE AS TOBACCO USE CESSATION OR
46 HARM REDUCTION PRODUCTS OR FOR OTHER MEDICAL PURPOSES AND ARE BEING
47 MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE.
48 2. IN ADDITION TO ENFORCEMENT ACTIONS AUTHORIZED IN SECTION THIRTEEN
49 HUNDRED NINETY-NINE-EE OF THIS ARTICLE, THE ATTORNEY GENERAL MAY APPLY
50 IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK ON FIVE DAYS NOTICE,
51 FOR AN ORDER COMPELLING COMPLIANCE WITH THIS SECTION. IN ANY SUCH
52 PROCEEDING THE COURT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO
53 EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION.

[martha1014]

They are going a little too far imposing a 10,000 fine on each violation. After all nicotine is a legal substance. What do they charge for a fine for illegal substances.

[Janetda]

Here is a file with email addresses for the NY Assembly and the State Senate. It's an Excel file. If you would like another type of file, please let me know. Sorry, but the system here doesn't allow me to upload csv files.

ALERT-Residents of New York State

[Vocalek]

Yesterday, I sent emails to every Senator and Assembly member in New York State. I received a gazillion automated responses, and one personal response.

Here is his message:

Elaine,

I have a strong commitment to this issue, especially as it concerns
offering people new opportunities to quit smoking.

I am on top of the proposed legislation.

Please keep me abreast of your concerns!

Greg Ball
Member of the Assembly
99th District

I wrote back:

Thank you, Assemblyman Ball!


Are there any other members of the Assembly or the Senate that you think might be interested in helping people to stay off cigarettes? If so, I would be happy to contact them by whatever means you think would be the most effective.


I was dismayed to read the garbage recorded as "Justification" for this bill. I'm sure that the vast majority of the legislature is unaware of the true facts. The person(s) who supplied the information for the Justification section should be held accountable. Ask them to produce facts, figures, and documentation.


The American Association of Public Health Physicians has filed two petitions to the FDA. One asks them to issue a correction to their misleading press release about their safety testing. The other urges the FDA to regulate the products as tobacco products. Doing so would totally eliminate the need for A9529, as e-cigarettes would automatically be covered by existing state laws prohibiting sales of tobacco products to minors.


I thank you again for your support. Please let me know what I personally or my organization can do to be of assistance.


Elaine Keller

Here is his advice:

Elaine,

I would hope they'd all be interested!

Phone calls are the second most effective campaign for educating your
elected officials, short of spending a day in Albany. Emails seem to
receive a less immediate response.

Greg Ball
Member of the Assembly
99th District

So here is what you need to do if you are a resident of New York. You need to make two phone calls: One to your Assembly member and one to your Senator.

http://assembly.state.ny.us/mem/ Look up by Zip code - PHONE him or her
http://www.nysenate.gov/ Look up by Zip code - PHONE him or her

[Vocalek]

I suggest that we each send an email to every NY Senator and Assembly member with this as the subject line:

Vote NO on A9529 - Prohibits the sale of electronic cigarettes

True, all you will get is an automated response from most. They might not read all the messages, but they do keep track of which bills are getting the attention of the public. So that's why the subject line has to give them the idea of what you want them to do.

The message doesn't have to be long. You might say something like this:

The proposed law A9529 is a threat to the health of all New Yorkers who have switched from smoking real tobacco cigaretes to inhaling vaporized nicotine. It also threatens the health of people like me who don't live in New York, but who order supplies from businesses that are based in New York. Finally, it denies millions of continuing smokers access to a reduced-risk alternative. Those of us who have switched are enjoying improved lung health, better blood pressure readings, and have greatly reduced our risk for cancer. Children are not the ones buying these products. They are being used by people like me who smoked for many, many years. Do not outlaw the sale of these life-saving products!

Your Name
Your Address
Your Phone #

See this post for email addresses that you can copy and paste into the TO field. We are trying to make this as easy as possible to do.

http://www.e-cigarette-forum.com/for...ml#post1162437

[rtbob]

Thank you for this, just now sent it out to all of them.