2023 New York Laws › PBH - Public Health › Article 17 - Ingredient Disclosures for Vapor Products and E-Cigarettes › 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.