N.Y. Public Health Law § 1701: Disclosure

§ 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes

distributed, sold, or offered for sale in this state, whether at retail

or wholesale, shall furnish to the commissioner for public record and

post on such manufacturer's website, in a manner prescribed by the

commissioner that is readily accessible to the public and machine

readable, information regarding such products pursuant to rules or

regulations which shall be promulgated by the commissioner.

(a) For each vapor product, the information posted pursuant to this

subdivision shall include, but shall not be limited to:

(i) a list naming each ingredient of such vapor product in descending

order of predominance by weight in such product, except that ingredients

present at a weight below one percent may be listed following other

ingredients without respect to the order of predominance by weight;

(ii) the nature and extent of investigations and research performed by

or for the manufacturer concerning the effects on human health of such

product or its ingredients;

(iii) where applicable, a statement disclosing that an ingredient of

such product is published as a chemical of concern on one or more lists

identified by the commissioner; and

(iv) for each ingredient published as a chemical of concern on one or

more lists identified by the commissioner, an evaluation of the

availability of potential alternatives and potential hazards posed by

such alternatives.

(b) For each e-cigarette the information posted pursuant to this

subdivision shall include, but shall not be limited to:

(i) a list naming any toxic metal, including but not limited to lead,

manganese, nickel, chromium, or zinc, as a constituent of any heating

element included in such e-cigarette;

(ii) a list naming each byproduct that may be introduced into vapor

produced during the normal use of such e-cigarette;

(iii) the nature and extent of investigations and research performed

by or for the manufacturer concerning the effects on human health of

such product or such ingredients;

(iv) where applicable, a statement disclosing that an ingredient is

published as a chemical of concern on one or more lists identified by

the commissioner; and

(v) for each constituent of any heating element identified as a toxic

metal and ingredient published as a chemical of concern on one or more

lists identified by the commissioner, an evaluation of the availability

of potential alternatives and potential hazards posed by such

alternatives.

2. Manufacturers shall furnish the information required to be posted

pursuant to subdivision one of this section on or before January first,

two thousand twenty-one, and every two years thereafter. In addition,

such manufacturers shall furnish such information prior to the sale of

any new vapor product or e-cigarette, when the formulation of a

currently disclosed product is changed such that the predominance of the

ingredients in such product is changed, when any list of chemicals of

concern identified by the commissioner pursuant to this article is

changed to include an ingredient present in a vapor product or

e-cigarette subject to this article, or at such other times as may be

required by the commissioner.

3. The information required to be posted pursuant to subdivision one

of this section shall be made available to the public by the

commissioner and manufacturers, in accordance with this section, with

the exception of those portions which a manufacturer determines, subject

to the approval of the commissioner, are related to a proprietary

process the disclosure of which would compromise such manufacturer's

competitive position. The commissioner shall not approve any exceptions

under this subdivision with respect to any ingredient published as a

chemical of concern on one or more lists identified by the commissioner.