[Adopted 10-5-2016 by L.L. No. 29-2016]
A.
This Legislature hereby finds and determines that electronic nicotine
delivery systems, commonly known as "e-cigarettes," have been growing
steadily in popularity since entering the United States retail market
in 2007. This Legislature further finds and determines that e-cigarettes
are advertised as alternatives to traditional tobacco products. This
Legislature determines that many convenience and grocery stores sell
these products, with some dedicated "vape shops" exclusively selling
e-cigarettes, liquid nicotine and related products. This Legislature
finds that, since their introduction, Suffolk County has regulated
the sale and use of e-cigarettes and liquid nicotine, ensuring that
these products can only be sold to adults over the age of 21. This
Legislature also finds that, in order to enforce the County's
laws regulating the sale of electronic nicotine delivery systems,
it is essential that the County know the locations of all retailers
of these products. This Legislature further finds that electronic
nicotine delivery system retailers should register with the Department
of Labor, Licensing and Consumer Affairs to ensure that the County
can effectively enforce its laws governing e-cigarettes and related
products.
B.
Therefore, the purpose of this article is to require that all businesses
selling electronic nicotine delivery systems register with the Department
of Labor, Licensing and Consumer Affairs, with enforcement provided
by the Department of Health Services.
As used in this article, the following terms shall have the
meanings indicated:
Any person, business, corporation, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other business entity of any kind.
The Suffolk County Department of Labor, Licensing and Consumer
Affairs.
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. This term shall include the component
parts designed for such systems, including, but not limited to, liquid
nicotine and other e-liquids, glass or plastic vials containing e-liquid,
cartridges, atomizers, batteries, cartomizers and clearomizers, digital
displays/lights that adjust settings, tank systems, drip tips, flavoring
for ENDS and programmable software.
A.
No business shall sell or offer for sale electronic nicotine delivery
systems within the County of Suffolk unless it has registered with
the Department in accordance with the provisions of this article.
Registration shall be filed biennially with a registration fee of
$50.
C.
The Department shall provide each registered business which has complied
with registration requirements a registration certificate, which shall
have a registration number and expiration date.
This article shall be enforced by the Department of Health Services.
A.
The Department of Health Services and the Department of Labor, Licensing
and Consumer Affairs are hereby authorized and empowered to develop
such rules and regulations as they may deem necessary for the implementation
and enforcement of this article.
B.
All proposed rules and regulations associated with the implementation
and enforcement of this article shall be subject to approval by the
County Legislature via a duly authorized resolution prior to becoming
effective.
Businesses that are currently registered to sell tobacco products
through the New York State Department of Taxation and Finance shall
be exempted from the provisions of this article.
A.
Any business which sells or offers for sale electronic nicotine delivery
systems without registering pursuant to this article shall be subject
to a civil penalty of $500 for each violation. Each action in violation
of this article shall constitute a separate and distinct violation.
B.
A penalty may only be assessed by the Commissioner of the Department
of Health Services following a hearing and opportunity for an alleged
violator to be heard.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that federal
and statewide 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 duly
enacted resolution whether or not identical or substantially similar
federal or statewide legislation, or pertinent preempting state or
federal regulations have been enacted for the purpose of triggering
the provisions of this section.
This article shall take effect 120 days after filing in the
office of the Secretary of State.
