[Adopted 3-3-2015 by L.L.
No. 9-2015]
This Legislature hereby finds and determines that the use of
electronic cigarettes ("e-cigarettes") by consumers is continuing
to increase in Suffolk County and throughout the nation. This Legislature
also finds and determines that liquid nicotine, which is comprised
of nicotine, propylene glycol, flavoring and other chemicals, is the
key component of e-cigarettes. This Legislature further finds and
determines that e-cigarettes use disposable or refillable cartridges
for liquid nicotine. Products are available that allow e-cigarette
users to refill their own cartridges with liquid nicotine. This Legislature
finds that exposure to nicotine in large doses is highly addictive,
toxic, can cause nicotine poisoning, and, in extreme cases, may be
lethal. This Legislature determines that symptoms of nicotine poisoning
include, but are not limited to, nausea, vomiting, abdominal pain,
sweating, tachycardia, tremors, headache, dizziness and seizures.
Higher levels of nicotine poisoning can result in hypertension, central
nervous system depression, coma, muscle paralysis and respiratory
failure. This Legislature also finds that liquid nicotine is especially
dangerous, as nicotine is easily absorbed through the skin and some
flavors may be enticing to small children and animals. Even a small
spill of liquid nicotine onto the hands or other body part of an adult,
child or household pet can cause nicotine poisoning. This Legislature
also determines that calls to poison control centers involving liquid
nicotine have increased sharply, with more than 50% of those calls
involving children under the age of five. This Legislature further
finds that the County of Suffolk was one of the first jurisdictions
in the nation to recognize the health risks posed by e-cigarettes
and liquid nicotine and prohibited the sale of these products to minors
by Resolution No. 717-2009 and Resolution No. 185-2014.[1] This Legislature finds that the County of Suffolk should
ensure that potential consumers are warned of the dangers posed by
liquid nicotine products. Therefore, the purpose of this article is
to require liquid nicotine retailers to post signage warning of the
dangers associated with the use of liquid nicotine and need for appropriate
storage of such products.
As used in this article, the following terms shall have the
meanings indicated:
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
Any liquid product composed either in whole or in part of
pure nicotine and propylene glycol and manufactured for use with e-cigarettes.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business or any kind.
Any person operating a place of business which sells liquid
nicotine shall post signage, obtained on the Department of Health
Services' website in PDF format, in a conspicuous place at the
register where liquid nicotine may be purchased which states:
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"Liquid Nicotine Warning:
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Liquid nicotine may be poisonous if swallowed, inhaled or if
it comes in contact with skin. It is not regulated, so the amount
of nicotine in any container is uncertain. KEEP OUT OF CHILDREN'S
REACH.
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The use of liquid nicotine can be addictive. It may increase
heart rate and blood pressure, cause dizziness and nausea, and aggravate
respiratory conditions. Women who are pregnant or breast-feeding,
persons with or at risk for heart disease, high blood pressure, diabetes,
or taking medicine for depression or asthma should not use this product.
INGESTION OF LIQUID NICOTINE MAY BE FATAL."
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This law shall be enforced by the Suffolk County Department
of Health Services.
A.
The Department of Health Services is hereby authorized and empowered
to promulgate rules and regulations necessary for the implementation
of this article.
A.
Violation of this article shall be subject to a civil penalty of
up to $250 for an initial violation, with a penalty of up to $500
for a second violation and a penalty of up to $1,000 for any subsequent
violation.
B.
No penalties shall be imposed by the Department of Health Services
until a hearing is held by the Commissioner or his or her designee
and the alleged violator is given an opportunity to be heard.
This article shall be null and void on the same day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine, via mere
resolution, whether or not identical or substantially similar statewide
or federal legislation has been enacted for the purposes of triggering
the provisions of this section.
This article shall apply to all sales of liquid nicotine occurring
on or after the effective date of this article.
This article shall take effect 90 days following its filing
in the Office of the Secretary of State.
