N.Y. PBH Law § 1399-MM-3

§ 1399-mm-3. Carrier oils. 1. For the purposes of this section\n"carrier oils" shall mean any ingredient of a vapor product intended to\ncontrol the consistency or other physical characteristics of such vapor\nproduct, to control the consistency or other physical characteristics of\nvapor, or to facilitate the production of vapor when such vapor product\nis used in an electronic cigarette. "Carrier oils" shall not include any\nproduct approved by the United States food and drug administration as a\ndrug or medical device or manufactured and dispensed pursuant to title\nfive-A of article thirty-three of this chapter.\n 2. The commissioner is authorized to promulgate rules and regulations\ngoverning the sale and distribution of carrier oils that are suspected\nof causing acute illness and have been identified as a chemical of\nconcern by the United States centers for disease control and prevention.\nSuch regulations may, to the extent deemed by the commissioner as\nnecessary for the protection of public health, prohibit or restrict the\nselling, offering for sale, possessing with intent to sell, or\ndistributing of carrier oils.\n 3. The provisions of this section shall not apply where preempted by\nfederal law. Furthermore, the provisions of this section shall be\nseverable, and if any phrase, clause, sentence, or provision is declared\nto be invalid, or is preempted by federal law or regulation, the\nvalidity of the remainder of this section shall not be affected thereby.\nIf any provision of this section is declared to be inapplicable to any\nspecific category, type, or kind of carrier oil, the provisions of this\nsection shall nonetheless continue to apply with respect to all other\ncarrier oils.\n