The following 43 counties have a population of less than 200,000 based
upon the United States Census estimated county populations for 2010:
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties of have population of 200,000 or grea ter, and
towns with population densities of 150 person or fewer per sq uare mile,
based upon the United States Census estimated county popula tions for
2010:
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
Licensed nursing homes are located in these identiﬁed rural areas.
Reporting, recordkeeping, and other compliance requireme nts; and
professional services:
These regulations require all nursing homes, including those in rural ar-
eas, to purchase and maintain adequate stockpiles of PPE, in cluding but
not limited to masks, respirators, face shields and gowns.
Compliance Costs:
The purpose of this regulation is to require nursing homes to maintain
adequate stockpiles of PPE. The initial cost to nursing home s as they es-
tablish stockpiles of PPE will vary depending on the number of staff work-
ing at each facility. However, nursing homes will soon be statutorily obli-
gated to maintain or contract to have at least a two-month supply of PPE
pursuant to Public Health Law section 2803(12); further, th e federal Oc-
cupational Health and Safety Administration (OSHA) has rec ommended
that nursing homes ensure that staff have access to sufﬁcien t PPE to
perform their jobs safely, and employers are currently obligated to pay for
personnel PPE pursuant to OSHA regulations at 29 CFR 1910.13 2(h).
Therefore, this regulation imposes no long-term additiona l costs to
regulated parties.
Economic and Technological Feasibility:
There are no economic or technological impediments to the ru le
changes.
Minimizing Adverse Impact:
As these regulations simply require nursing homes to maintain stock-
piles of PPE, which is consistent with the directive in Public Health Law
section 2803(12) for nursing homes to maintain or contract to have at least
a two-month supply of PPE, as well as OSHA regulations and rec om-
mendations regarding the payment for and provision of PPE an y adverse
impacts are expected to be minimal.
Rural Area Participation:
Due to the emergent nature of COVID-19, parties representing rural ar-
eas were not consulted.
Job Impact Statement
A Job Impact Statement for these regulations is not being sub mitted
because it is apparent from the nature and purposes of the ame ndments
that they will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.NOTICE OF ADOPTION
Reduce Hospital Capital Rate Add-on and Reduce Hospital
Capital Reconciliation Payment
I.D. No. HLT-39-20-00003-A
Filing No. 28
Filing Date: 2021-01-20
Effective Date: 2021-02-03
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 86-1.25 of Title 10 NYCRR.
Statutory authority: Public Health Law, section 2807-c(35)(b)
Subject: Reduce Hospital Capital Rate Add-on and Reduce Hospital
Capital Reconciliation Payment.
Purpose: To include a 5 percent reduction to the budgeted and actual
capital add-on in Article 28 hospital inpatient reimbursement rates.
Text or summary was published in the September 30, 2020 issue of the
Register, I.D. No. HLT-39-20-00003-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Katherine Ceroalo, DOH, Bureau of Program Counsel, Reg. Affairs
Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-
7488, email:regsqna@health.ny.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be ini tially
reviewed in the calendar year 2024, which is no later than the 3rd year af-
ter the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Ingredient Disclosures for Vapor Products and E-Cigarettes
I.D. No. HLT-05-21-00011-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Addition of Part 1006 to Title 10 NYCRR.
Statutory authority: Public Health Law, section 1701
Subject: Ingredient Disclosures for Vapor Products and E-Cigarettes.
Purpose: To provide for enhanced public awareness of the chemicals used
in vapor products and electronic cigarettes.
Text of proposed rule: A new Chapter XIV , Part 1006 is added to read as
follows:
Chapter XIV Vapor Products
Part 1006. Ingredient Disclosures for Vapor Products and E-Cigarettes
1006.1. Deﬁnitions.
As used in this Part:
(a) ‘‘Vapor products’’ shall mean any vapor product, as deﬁned by Pub-
lic Health Law § 1399-aa, intended or reasonably expected to be used
with or for the consumption of nicotine.
(b) ‘‘Electronic cigarette’’ or ‘‘e-cigarette’’ shall mea n an electronic
cigarette or e-cigarette as deﬁned by Public Health Law § 1399-aa.
(c) ‘‘Ingredient’’ shall mean each of the following:
(i) any intentionally added ingredient present in any quant ity in a
vapor product;
(ii) a byproduct or contaminant, present in a vapor product i n any
quantity equal to or greater than one-half of one percent of the content of
such product by weight;
(iii) a byproduct present in a vapor product in any quantity less than
one-half of one percent of the content of such product by weight, provided
such element or compound is a chemical of concern; and
(iv) a contaminant present in a vapor product in any quantity less
than one-half of one percent of the content of such product by weight,
provided such element or compound is a chemical of concern.
(d) ‘‘Intentionally added ingredient’’ shall mean any elem ent or
compound that a manufacturer has intentionally added to a vapor product
at any point in such product’s supply chain, or at any point in the supply
chain of any raw material or ingredient used to manufacture such product.
(e) ‘‘Byproduct’’ shall mean any element or compound in the ﬁ nishedNYS Register/February 3, 2021 Rule Making Activities
6vapor product, or in the vapor produced during consumption o f a vapor
product, which:
(i) was created or formed during the manufacturing process a s an
intentional or unintentional consequence of such manufact uring process
at any point in such product’s supply chain, or at any point in the supply
chain of any raw material or ingredient used to manufacture s uch prod-
uct; or
(ii) is created or formed as an intentional or unintentional conse-
quence of the use of an e-cigarette or consumption of a vapor p roduct.
‘‘Byproduct’’ shall include, but is not limited to, an unrea cted raw mate-
rial, a breakdown product of an intentionally added ingredi ent, a
breakdown product of any component part of an e-cigarette, or a deriva-
tive of the manufacturing process.
(f) ‘‘Contaminant’’ shall mean any element or compound pres ent in a
vapor product as an unintentional consequence of manufactu ring.
Contaminants include, but are not limited to, elements or compounds pre-
sent in the environment which were introduced into a product, a raw mate-
rial, or a product ingredient as a result of the use of an envir onmental
medium, such as naturally occurring water, or other materials used in the
manufacturing process at any point in a product’s supply chain, or at any
point in the supply chain of any raw material or ingredient us ed to
manufacture such product.
(g) ‘‘Manufacturer’’ shall mean any person, ﬁrm, association, partner-
ship, limited liability company, or corporation which produces, prepares,
formulates, or compounds a vapor product or e-cigarette, or whose brand
name is afﬁxed to such product. In the case of a vapor product o r
e-cigarette imported into the United States, ‘‘manufactur er’’ shall mean
the importer or ﬁrst domestic distributor of such product if the entity that
manufactures such product or whose brand name is afﬁxed to such prod-
uct does not have a presence in the United States.
(h) “Chemical of Concern” shall mean any element or compound
identiﬁed on the following lists:
(i) United States Food and Drug Administration’s Harmful an d
Potentially Harmful Constituents in Tobacco Products and T obacco
Smoke, as published in the Federal Register on April 3, 2012 ( 77 Fed.
Reg. 20034 – 20037) and available for public inspection and c opying at
the Regulatory Affairs Unit, New York State Department of Health, Corn-
ing Tower, Empire State Plaza, Albany, NY 12237; and
(ii) United States Food and Drug Administration’s proposed addi-
tions to the Harmful and Potentially Harmful Constituents i n Tobacco
Products and Tobacco Smoke as published in the Federal Regis ter on
August 5, 2019 (84 Fed. Reg. 38032 – 38035) and available for p ublic
inspection and copying at the Regulatory Affairs Unit, New Y ork State
Department of Health, Corning Tower, Empire State Plaza, Al bany, NY
12237.
1006.2. Ingredient Disclosure
(a) Manufacturers of vapor products or e-cigarettes distri buted, 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 manufa cturer’s
website, in a machine-readable format, the information des cribed in this
Section.
(b)(i) For each vapor product, the information posted pursu ant to
this section shall include, at a minimum:
(a) Manufacturer information including name and address of the
business entity and contact information for a point-of-con tact, including
name, address, telephone number, and email address.
(b) A list naming each ingredient of such vapor product and al l
expected functions of each ingredient. The ingredients mus t be listed 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.
(c) 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. This includes but is not limited to health-related
documents required by section 904(a)(4)of Title 21 of the Un ited States
Code (a copy of which is available for copying and inspection at the
Regulatory Affairs Unit, New York State Department of Healt h, Corning
Tower, Empire State Plaza, Albany, New York 12237). Any inve stigations
and research that was developed after the required submissi on of health-
related documents to the United States Food and Drug Adminis tration
must also be posted.
(d) Where applicable, a statement disclosing that an ingred ient of
such product is a chemical of concern.
(e) For each ingredient that is a chemical of concern, an eval ua-
tion of the availability of potential alternatives and pote ntial hazards
posed by such alternatives.
(ii) For each e-cigarette, the information posted pursuant to this sec-
tion shall include, but shall not be limited to:
(a) Manufacturer information including name and address of the
business entity and contact information for a point-of-con tact, including
name, address, telephone number, and email address.(b) A list naming any toxic metal, including but not limited to lead,
manganese, nickel, chromium, or zinc, as a constituent of any heating ele-
ment included in such e-cigarette.
(c) A list naming each byproduct that may be introduced into vapor
produced during the normal use of such e-cigarette.
(d) The nature and extent of investigations and research performed
by or for the manufacturer, or that the manufacturer is aware of, concern-
ing the effects on human health of such product or such ingredients. This
includes but is not limited to health-related documents required by section
904(a)(4) of Title 21 of the United States Code (a copy of which is avail-
able for copying and inspection at the Regulatory Affairs Unit, New York
State Department of Health, Corning Tower, Empire State Pla za, Albany,
New York 12237). Any investigations and research that was developed af-
ter the required submission of health-related documents to the United
States Food and Drug Administration must also be posted.
(e) Where applicable, a statement disclosing that an ingred ient is
published as a chemical of concern.
(f) For each constituent of any heating element identiﬁed as a toxic
metal and ingredient published as a chemical of concern, an evaluation of
the availability of potential alternatives and potential h azards posed by
such alternatives.
1006.3 Proprietary Information
(a) For purposes of this Part only, proprietary information may consist
of any information subject to disclosure pursuant to this Pa rt the
disclosure of which would compromise a manufacturer’s comp etitive
position. Any proprietary information submitted or divulged to the Depart-
ment of Health pursuant to this Part shall not be available for, or subject
to, public disclosure. Proprietary information shall incl ude, but is not
limited to, any:
(i) Commercially valuable plan, formula, process, or devic e that is
used for the making, preparing, or processing of vapor produ cts,
e-cigarettes, or their components, and that can be said to be the end prod-
uct of either innovation or substantial effort. There must be a direct rela-
tionship between the proprietary information and the productive process;
or
(ii) Valuable data or information which is used in a manufact urer’s
business and is of a type customarily held in strict conﬁdence or regarded
as privileged and not disclosed to any member of the public by the person
to whom it belongs.
(b) A manufacturer submitting information to the Department pursuant
to this Part may designate part or all of the information in such records as
exempt from disclosure. The Manufacturer may make this designation ei-
ther at the time the records are submitted to the Department o r within a
reasonable time thereafter. Such designation must be in writing and must
set forth the reasons why the information should be excepted from
disclosure as proprietary information, including, as appropriate:
(i) the speciﬁc information requested to be considered proprietary in-
formation, including, where applicable, page, form, line, chart or table
designation;
(ii) the conﬁdential nature of the record, including a descr iption of
the nature and extent of the injury to the manufacturer’ s competitive posi-
tion such as unfair economic or competitive damage which wou ld be
incurred were the information to be disclosed;
(iii) whether the information is treated as conﬁdential by t he
manufacturer, including whether it has been made available to any other
manufacturer or to the public;
(iv) whether any patent, copyright, or similar legal protec tion exists
for the information;
(v) whether the public disclosure of such information is oth erwise
restricted by law, and the speciﬁc source and contents of such restrictions;
(vi) the date upon which such information will no longer need to be
kept conﬁdential, if applicable;
(vii) whether the request itself constitutes information w hich, if
disclosed, would defeat the purpose for which proprietary status is sought;
(viii) whether the information is known outside of the business of the
manufacturer, and the extent to which the record is known by the employ-
ees and others involved in the business of the manufacturer;
(ix) the value of the information to the manufacturer and to its com-
petitors;
(x) the amount of effort or money expended by the manufacture r in
developing the information, and the ease or difﬁculty with which the infor-
mation could be properly acquired or duplicated by others;
(xi) any other factors considered relevant.
(c) When information designated as proprietary informatio n has been
submitted to the Department, it shall be excepted from discl osure and
maintained apart by the Department from all other records un til 15 days
after the entitlement to such exception has been ﬁnally determined by the
Commissioner or such further time as ordered by a court of com petent
jurisdiction.
(d) A denial of an exception from disclosure requested pursuant to this
section shall be ﬁnal.NYS Register/February 3, 2021 Rule Making Activities
7(e) The Commissioner shall not approve any exceptions under this sec-
tion with respect to any ingredient that is a chemical of concern on one or
more lists identiﬁed by the Commissioner.
1006.4 Schedule of Disclosure
Manufacturers shall furnish the information required to be posted pur-
suant to this section within thirty days of the effective dat e hereof, and
every two years thereafter. In addition, such manufacturer s 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 cha nged such
that the predominance of the ingredients in such product is changed, prior
to the product being sold at retail; or at such other times as m ay be
required by the Commissioner.
1006.5 Penalties
Any manufacturer who violates any of the provisions of, or who fails to
perform any duty imposed by this Part shall be liable, in the case of a ﬁrst
violation, for a civil penalty not to exceed ﬁve thousand dol lars. In the
case of a second or any subsequent violation, the liability s hall be for a
civil penalty not to exceed ten thousand dollars for each such violation.
Text of proposed rule and any required statements and analyses may be
obtained from: Katherine Ceroalo, DOH, Bureau of Program Counsel,
Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237,
(518) 473-7488, email: regsqna@health.ny.gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 60 days after publication of this
notice.
This rule was not under consideration at the time this agency submitted
its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement
Statutory Authority:
The Commissioner of Health is authorized by Section 1701 of the Pub-
lic Health Law (PHL) to promulgate regulations implementing Article 17
of the Public Health Law, pertaining to the public disclosur e of the
ingredients of vapor products and electronic cigarettes.
Legislative Objectives:
The legislative objective of PHL Article 17 is to increase public aware-
ness of the ingredients found in vapor products and electron ic cigarettes,
and to improve the public health by ensuring consumers are aw are when
such ingredients are potentially harmful.
Needs and Beneﬁts:
On August 16, 2019, the New York State Department of Health issued a
statewide health advisory to health care providers followi ng reports
regarding severe pulmonary illness in people who had report ed use of
vapor products prior to symptom onset. New York State took im mediate
action in an effort to identify commonalities among the case s, provide
guidance to health care providers, and issue warnings to consumers to halt
use of vaping products until the cause of illness could be identiﬁed. While
a deﬁnitive cause for this vaping associated pulmonary illnesses has not be
identiﬁed, it was postulated that use of vitamin E acetate as a diluent in the
vaping liquid was the likely source of the surge in cases.
This public health crisis highlighted the lack of vaping and electronic
cigarette ingredient information available to the public, health care provid-
ers, or public health professionals working to identify a potential cause for
these illnesses. While the U.S. Food and Drug Administratio n requires
vaping and electronic cigarette manufacturers to submit an ingredient list
for each of their products, there is no requirement for the ingredient infor-
mation to be made easily accessible to the public.
In order to educate New Yorkers about the contents of the vapi ng
products and electronic cigarettes they purchase for use, and to help protect
the public health where such products contain chemicals of c oncern, the
Legislature enacted a new Article 17 of the PHL, in Chapter 56 of the
Laws of 2020, which requires manufacturers to disclose to th e public all
ingredients used to make both the vaping liquid and the components of the
electronic cigarette. Additionally, the law requires manu facturers to dis-
close to the public any byproduct or contaminant present in the vaping liq-
uid, electronic cigarette, or vaping aerosol produced when the e-cigarette
is used. The proposed regulations are necessary to implement this law.
In particular, the proposed regulations identify chemical s of concern
that pose a greater potential for human health risks from exp osure. This
regulation will require manufacturers to highlight if any p ortion of their
product (the vaping liquid, electronic cigarette, or the ae rosol emitted
from these products) contains an intentionally added ingre dient, a
byproduct, or a contaminant that has been identiﬁed as a chem ical of
concern. This will allow New Yorkers to make informed decisi ons about
the products they purchase for use. It will also encourage manufacturers to
ﬁnd innovative ways to either replace or remove substances w ith greater
potential for harm from vaping products and electronic ciga rettes sold in
NYS. Additionally, having ingredient, byproduct, and cont aminant infor-
mation readily available for vaping products and electronic cigarettes that
are sold for use in NYS will provide a valuable source of infor mation ifthese types of devices are associated with an outbreak of ill nesses in the
future.
In accordance with PHL Article 17, the proposed regulations provide
for procedures necessary to protect the conﬁdentiality of v apor product
manufacturer’s proprietary information, except with rega rd to those
ingredients identiﬁed in the proposed regulation as chemicals of concern.
Costs to Private Regulated Parties:
The cost to manufacturers is expected to be minimal. Manufac turers
have already been required to disclose their ingredients and health-related
studies to the U.S. Food and Drug Administration. Additiona lly, the
department’s list of chemicals of concern comes from the U.S . Food and
Drug Administration’s established list of harmful or poten tially harmful
constituents of tobacco products (93 chemicals) as well as their proposed
list of 19 additional chemicals that would be speciﬁc to vapo r products
and electronic cigarettes. Manufacturers are already required to report the
levels of these harmful or potentially harmful chemicals to the U.S. Food
and Drug Administration. The only additional requirement for manufactur-
ers resulting from these regulations is to post each product ’s ingredient,
byproduct, and contaminant information on their website. They must also
highlight if any of their ingredients, byproducts, or conta minants have
been identiﬁed as a chemical of concern.
Costs to State Government and Local Government:
The Department of Health will incur costs for enforcement. Exact costs
cannot be predicted at this time because the extent of the need for enforce-
ment cannot be fully determined. Some of the cost however may be offset
by ﬁnes and penalties imposed pursuant to the Public Health Law.
Local government will incur no new costs.
Local Government Mandates:
The proposed regulation imposes no new mandates on local
governments.
Paperwork:
All manufacturers of vapor products will be required to repo rt to the
Commissioner the ingredients of their products, and related health studies
as deﬁned herein. However, manufacturers of vapor products are already
required to report this information to the U.S. Food and Drug
Administration. As such, additional paperwork is anticipa ted to be
minimal.
Duplication:
The proposed regulations would not duplicate any State or fe deral
regulations.
Alternatives:
The proposed regulations implement mandatory disclosure r equire-
ments imposed by PHL Article 17. As such, no alternatives wer e
considered.
Federal Standards:
21 U.S.C. 387d, and regulations promulgated thereunder, re quires that
vapor product manufactures disclose their product’s ingre dients and
health-related studies to the U.S. Food and Drug Administration.
Compliance Schedule:
The regulation will be effective upon publication of a Notice of Adop-
tion in the New York State Register.
Regulatory Flexibility Analysis
Effect of Rule:
All vapor product manufacturers will be required to comply w ith the
proposed rule, which implements the requirements of PHL Art icle 17.
Some vapor product manufacturers may be small businesses; however, the
effect of the rule is anticipated to be minimal as the require ments largely
mirror federal reporting requirements.
No local governments will be impacted by the proposed regulations.
Compliance Requirements:
The proposed regulations will require manufacturers of vapor products
to disclose, to the Commissioner and to the public, their pro duct’s
ingredients as well as health-related studies regarding such ingredients.
Professional Services:
As vapor product manufacturers are already required to report ingredi-
ents and health-related studies to the U.S. Food and Drug Administration,
additional professional services should not be necessary.
Compliance Costs:
The cost to manufacturers is expected to be minimal. Manufac turers
have already been required to disclose their ingredients and health-related
studies to the U.S. Food and Drug Administration. Additiona lly, the
department’s list of chemicals of concern comes from the U.S . Food and
Drug Administration’s established list of harmful or poten tially harmful
constituents of tobacco products (93 chemicals) as well as their proposed
list of 19 additional chemicals that would be speciﬁc to vapo r products
and electronic cigarettes. Manufacturers are already required to report the
levels of these harmful or potentially harmful chemicals to the U.S. Food
and Drug Administration. The only additional requirement for manufactur-
ers resulting from these regulations is to post each product ’s ingredient,
byproduct, and contaminant information on their website. They must alsoNYS Register/February 3, 2021 Rule Making Activities
8highlight if any of their ingredients, byproducts, or conta minants have
been identiﬁed as a chemical of concern.
Economic and Technological Feasibility:
There are no economic or technology impediments to any of the
proposed rule changes.
Minimizing Adverse Impact:
Adverse impacts on manufacturers are expected to be minimal .
Manufacturers have already been required to disclose their ingredients and
health-related studies to the U.S. Food and Drug Administration.
Small Business and Local Government Participation:
A copy of the draft proposed rule was sent via e-mail to several profes-
sional associations representing vapor product manufacturers for input.
Cure Period:
Chapter 524 of the Laws of 2011 requires agencies to include a “cure
period” or other opportunity for ameliorative action to prevent the imposi-
tion of penalties on a party subject to enforcement when deve loping a
regulation or explain in the Regulatory Flexibility Analysis why one is not
included. The penalties described in the regulations mirro r those already
established in PHL Article 17. As such, this proposed regulation does not
create a new penalty or sanction, and no cure period is necessary.
Rural Area Flexibility Analysis
Types and Estimated Numbers of Rural Areas:
This rule applies uniformly throughout the state, includin g rural areas.
Rural areas are deﬁned as counties with a population less tha n 200,000
and counties with a population of 200,000 or greater that have towns with
population densities of 150 persons or fewer per square mile. The follow-
ing 43 counties have a population of less than 200,000 based u pon the
United States Census estimated county populations for 2010 (https://
www.census.gov/quickfacts/). At present, it is unknown how many vapor
product manufacturers are located in these counties.
Allegany County Greene County Schoharie County
Cattaraugus County Hamilton County Schuyler County
Cayuga County Herkimer County Seneca County
Chautauqua County Jefferson County St. Lawrence County
Chemung County Lewis County Steuben County
Chenango County Livingston County Sullivan County
Clinton County Madison County Tioga County
Columbia County Montgomery County Tompkins County
Cortland County Ontario County Ulster County
Delaware County Orleans County Warren County
Essex County Oswego County Washington County
Franklin County Otsego County Wayne County
Fulton County Putnam County Wyoming County
Genesee County Rensselaer County Yates County
Schenectady County
The following counties have a population of 200,000 or great er and
towns with population densities of 150 persons or fewer per square mile.
Data is based upon the United States Census estimated county populations
for 2010. At present, it is unknown how many vapor product manufactur-
ers are located in these counties.
Albany County Monroe County Orange County
Broome County Niagara County Saratoga County
Dutchess County Oneida County Suffolk County
Erie County Onondaga County
Reporting, Recordkeeping, Other Compliance Requirements ; and
Professional Services:
All manufacturers of vapor products will be required to repo rt to the
Commissioner the ingredients of their products, and related health studies
as deﬁned herein. However, manufacturers of vapor products are already
required to report this information to the U.S. Food and Drug
Administration. As such, additional recordkeeping is anti cipated to be
minimal.
As vapor product manufacturers are already required to report ingredi-
ents and health-related studies to the U.S. Food and Drug Administration,
additional professional services should not be necessary.
Costs:
The cost to manufacturers is expected to be minimal. Manufac turers
have already been required to disclose their ingredients and health-related
studies to the U.S. Food and Drug Administration. Additiona lly, thedepartment’s list of chemicals of concern comes from the U.S . Food and
Drug Administration’s established list of harmful or poten tially harmful
constituents of tobacco products (93 chemicals) as well as their proposed
list of 19 additional chemicals that would be speciﬁc to vapo r products
and electronic cigarettes. Manufacturers are already required to report the
levels of these harmful or potentially harmful chemicals to the U.S. Food
and Drug Administration. The only additional requirement for manufactur-
ers resulting from these regulations is to post each product ’s ingredient,
byproduct, and contaminant information on their website. They must also
highlight if any of their ingredients, byproducts, or conta minants have
been identiﬁed as a chemical of concern.
Minimizing Adverse Impact:
Adverse impacts on manufacturers are expected to be minimal .
Manufacturers have already been required to disclose their ingredients and
health-related studies to the U.S. Food and Drug Administration.
Rural Area Participation:
A copy of the draft proposed rule was sent via e-mail to several profes-
sional associations representing vapor product manufacturers for input.
Job Impact Statement
A Job Impact Statement for these amendments is not being subm itted
because it is apparent from the nature and purposes of the ame ndments
that they will not have a substantial adverse impact on jobs and/or employ-
ment opportunities.
Department of Labor
EMERGENCY/PROPOSED
RULE MAKING
NO HEARING(S) SCHEDULED
Unemployment Insurance (UI) Deﬁnition of ‘‘Day of Total
Unemployment’’
I.D. No. LAB-05-21-00003-EP
Filing No. 27
Filing Date: 2021-01-15
Effective Date: 2021-01-18
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Proposed Action: Amendment of section 470.2 of Title 12 NYCRR.
Statutory authority: State Administrative Procedure Act, section 202(6);
Labor Law, sections 21(11) and 530(1)
Finding of necessity for emergency rule: Preservation of public health,
public safety and general welfare.
Speciﬁc reasons underlying the ﬁnding of necessity: This emergency
regulation is necessary to assist unemployed New Yorkers re turn to the
workforce after experiencing employment loss caused by the COVID-19
public health and economic crisis. The economic impact of CO VID-19
has resulted in signiﬁcant ﬁnancial insecurity for workers and employers.
An unprecedented number of workers suffered employment los s in the
past year -- since March 2020, the New York State Department o f Labor
paid over $60 billion in unemployment beneﬁts to approximately 3.9 mil-
lion New Yorkers. The current interpretation of New York’s UI law results
in barriers that discourage part-time employment, despite the fact that
part-time work can serve as a bridge to full-time employment , including
developing skills and connections, augmenting household i ncome, and
ultimately reducing dependence on UI. Part-time employmen t opportuni-
ties will play an important role in allowing businesses to bu ild back and
especially while operating at a reduced capacity in response to the public
health crisis. UI claimants who try to return to work by accep ting partial
employment are currently penalized by reductions in weekly unemploy-
ment beneﬁts – for each day in a week that a claimant works, the claimant’s
weekly beneﬁt is reduced by 25%, regardless of whether the cl aimant
works one hour or a full day. This emergency regulation deﬁni ng terms
within the UI law will allow UI claimants to work up to 30 hours while
still collecting some UI beneﬁts. Greater ﬂexibility to seek job opportuni-
ties without losing UI beneﬁts is necessary to public health, safety, and the
general welfare by ensuring that UI claimants and employers are able to
meet their weekly ﬁnancial needs in the midst of the COVID-19 public
health and economic crisis.
Subject: Unemployment Insurance (UI) deﬁnition of ‘‘day of total
unemployment’’.NYS Register/February 3, 2021 Rule Making Activities
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