New York

[aubergine]

Still waiting word in NY. Someone in the CASAA board says that the bill that will be considered by the health committee declares that there would be a $10,000 fine for anyone sending any ecig product to this state. Vendors instate would have 90 days to dispose of all stock. I haven't verified that report; it's uncertain. If it's correct all of the blithe talk re just getting friends to ship across is ... not so blithe. I'd put no friend in that position, no matter how remote the chances of getting caught. And no vendor in his/her right mind would risk it.

They apparently won't be hearing it this week - I can't find my old thread on the issue to bump it for some reason - but please, NY V4Lers, call, fax, email. There's info on the CASAA board.

 

[aubergine]

(See posts 142 and 144 in the CASAA NY call to action board)

 

[mmcall12]

I hope they leave the e-cig alone. NYC I wish there was something I can do to help.

 

[aubergine]

Here's the portion of that bill, which is re ecigs:

S 1399-MM-1. PROHIBITION OF PRODUCTS NOT DEFINED AS tobacco PRODUCTS OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 1. PRODUCTS CONTAINING OR DELIVERING NICOTINE INTENDED OR EXPECTED FOR HUMAN CONSUMPTION THAT ARE NOT TOBACCO PRODUCTS, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, SHALL NOT BE DISTRIBUTED OR SOLD UNLESS SUCH PRODUCTS HAVE BEEN APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR SALE AS TOBACCO USE CESSATION OR HARM REDUCTION PRODUCTS OR FOR OTHER MEDICAL PURPOSES AND ARE BEING MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE. 2. IN ADDITION TO ENFORCEMENT ACTIONS AUTHORIZED IN SECTION THIRTEEN HUNDRED NINETY-NINE-EE OF THIS ARTICLE, THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK ON FIVE DAYS NOTICE, FOR AN ORDER COMPELLING COMPLIANCE WITH THIS SECTION. IN ANY SUCH PROCEEDING THE COURT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION.

S 3. This act shall take effect immediately; provided however that section two of this act shall take effect on the sixtieth day after it shall have become a law.

It's unclear to me whether persons not living in NYS would be subject to penalty for distributing to the state, or if it only refers to internal sales. Use is not mentioned. No matter how you cut it, it's a nasty little piece of work. I wish I had enough $$ to really hugely stock up, and fast... no point in ranting, I'm not much of a ranter, but it's so very discouraging. HC may still block it. Rumors are not too good on that.

 

[maxx]

Naturally....we need to kill this bill...

But I still have doubts about interstate commerce law. A state has a right to decide what can be sold inside thier own borders, but when they try to interfere with commerce between states, they are getting into federal territory. Does the bill have any provisions concerning posession...or just sales and distribution?

Internet commerce has completely outpaced the law and it gets very gray....

 

[Belletrist]

Ugh, ugh, ugh. This BS will go down in history as far more idiotic than Prohibition, which was pretty idiotic itself.

 

[beebopnjazz]

NY State stopped the Indian Reservations from selling cigarettes to NY residents (because they weren't getting their tax cut) - they found they were unable to stop selling to residents of other states - however, that's not to say that some day they dont' get their hands on the sales information and turn it over to the revenue bureau of the receiving states for state sales tax collection - they stopped shipments from being received at the reservations, except for Indian made cigarettes for a very long time - crippling their businesses. Pressure was put upon UPS, FedEX, Mastercard and Visa (hmmm....that might have been ASH?) - at any rate, a NY resident can make purchases on the reservation but not by Internet (unless that's changed too!) - hmmmmm.......the reservations......I wonder how long it would take the state to catch on at the reservations.....plenty of them in NY......

 

[Katya]

And with PACT kicking in, we won't be able to order almost totally harmless dissolvable tobacco, like Stonewall and Ariba, but cigars are exempted. How do they justify this? This is something out of Orwell, or Alice in Wonderland.

Well, the Prohibition worked really well...

 

[aubergine]

Maxx... agreed on all counts. I will try to find out, if this thing slithers through the snakeholes in those 17 senatorial heads.

 

[Katya]

NY State stopped the Indian Reservations from selling cigarettes to NY residents (because they weren't getting their tax cut) - they found they were unable to stop selling to residents of other states - however, that's not to say that some day they dont' get their hands on the sales information and turn it over to the revenue bureau of the receiving states for state sales tax collection - they stopped shipments from being received at the reservations, except for Indian made cigarettes for a very long time - crippling their businesses. Pressure was put upon UPS, FedEX, Mastercard and Visa (hmmm....that might have been ASH?) - at any rate, a NY resident can make purchases on the reservation but not by Internet (unless that's changed too!) - hmmmmm.......the reservations......I wonder how long it would take the state to catch on at the reservations.....plenty of them in NY......

PACT is taking care of that. Eight out of ten major online tobacco retailers are located in NYS.

 

[aubergine]

PACT is taking care of that. Eight out of ten major online tobacco retailers are located in NYS.

Ayup. Sigh.

 

[dedi]

They apparently won't be hearing it this week - I can't find my old thread on the issue to bump it for some reason - but please, NY V4Lers, call, fax, email. There's info on the CASAA board.

[/QUOTE]

I sent emails and snail mail to everyone I could find last week and urge everyone to do the same! It may not help but it sure made me feel better!
Sometime's the volumn itself can make a difference!

Dee

 

[jeanblackwood]

If i lived in NY I would really consider moving because that state has passed to many bills in the past few years that really infringe on peoples rights and the rest of the country has not fallowed suit . Hopefully the rest of the country won't fallow on this issue either . Victory in Va.Defeat in NY in the same week doesn't make sense .

 

[aubergine]

They are also tallying phone calls. Only NYS residents count on this one I believe. It doesn't take long, maybe 45 min. for the lot of them, at very tops, and there's a handy list of numbers. I suggest civility and succinct, accurate and well-worded statements rather than enraged complaints about idiotic politicians etc. - the people who received my calls were often sympathetic. Not that that makes a vast difference. Be sure and give name, address and phone. List of HC phone #s is on CASAA action site.

 

[suddenly]

Does anyone have a clue when the Senate will be voting on the NY ban?
The New York thread seemed to disapear. I can't find it anywhere. At least not yet.

 

[plantlvr]

I can ask our Govenator to make some calls, he loves vetoing bills!
But seriously, what can us out of State people do to help NY?

 

[5cardstud]

NY State stopped the Indian Reservations from selling cigarettes to NY residents (because they weren't getting their tax cut) - they found they were unable to stop selling to residents of other states - however, that's not to say that some day they dont' get their hands on the sales information and turn it over to the revenue bureau of the receiving states for state sales tax collection - they stopped shipments from being received at the reservations, except for Indian made cigarettes for a very long time - crippling their businesses. Pressure was put upon UPS, FedEX, Mastercard and Visa (hmmm....that might have been ASH?) - at any rate, a NY resident can make purchases on the reservation but not by Internet (unless that's changed too!) - hmmmmm.......the reservations......I wonder how long it would take the state to catch on at the reservations.....plenty of them in NY......

Washington State didn't even care about the money they just didn't want the smokers to get a break on the cost of tabacco products. So in Washington as long as the tribes charge the tax they're ok. The tribes can keep the tax money if they want to but they must charge it. Now that is the heighth of being poopy.

 

[Adrenalynn]

I've deleted my comment. I'll move it to PM.

 

[suddenly]

That was so so very unfair to the Indians. Haven't we taken enough away from them. Our government broke a treaty over that one!

 

[CES]

Here's one of the threads about new york
http://www.e-cigarette-forum.com/forum/general-e-smoking-discussion/87611-nearing-disaster-new-york-please-take-action-now-prevent-e-cigarette-ban.html