N.Y. Comp. Codes R. & Regs. tit. 10 § 1006.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1006.2 - Ingredient Disclosure

(a) 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 machine-readable format, the information described in this Section.

(b)

(i) For each vapor product, the information posted pursuant 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-contact, including name, address, telephone number, and email address.

(b) A list naming each ingredient of such vapor product and all expected functions of each ingredient. The ingredients must 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 United States Code (a copy of which is available for copying and inspection at the Regulatory Affairs Unit, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, New York 12237). Any investigations and research that was developed after the required submission of health-related documents to the United States Food and Drug Administration must also be posted.

(d) Where applicable, a statement disclosing that an ingredient of such product is a chemical of concern.

(e) For each ingredient that is a chemical of concern, an evaluation of the availability of potential alternatives and potential hazards posed by such alternatives.

(ii) For each e-cigarette, the information posted pursuant to this section 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-contact, 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 element 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, concerning 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 available for copying and inspection at the Regulatory Affairs Unit, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, New York 12237). Any investigations and research that was developed after 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 ingredient 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 hazards posed by such alternatives.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 1006.2

Adopted New York State Register May 18, 2022/Volume XLIV, Issue 20, eff. 5/18/2022