Bill Text: NY A09299 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits the sale of liquid nicotine to minors under the age of eighteen across the state and under the age of twenty-one in the city of New York; requires containers of electronic liquid to be child resistant.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-12-29 - signed chap.542 [A09299 Detail]
Download: New_York-2013-A09299-Amended.html
Bill Title: Prohibits the sale of liquid nicotine to minors under the age of eighteen across the state and under the age of twenty-one in the city of New York; requires containers of electronic liquid to be child resistant.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-12-29 - signed chap.542 [A09299 Detail]
Download: New_York-2013-A09299-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9299--B
Cal. No. 853
I N A S S E M B L Y
April 8, 2014
___________
Introduced by M. of A. ROSENTHAL, WEPRIN -- read once and referred to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the public health law and the administrative code of the
city of New York, in relation to prohibiting the sale of liquid nico-
tine to minors; and to amend the general business law, in relation to
the labeling and packaging of electronic liquid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 13 of section 1399-aa of the public health
2 law, as added by chapter 448 of the laws of 2012, is amended to read as
3 follows:
4 13. "Electronic cigarette" or "e-cigarette" means [a battery-operated
5 device that contains cartridges filled with a combination of nicotine,
6 flavor and chemicals that are turned into vapor which is inhaled by the
7 user] AN ELECTRONIC DEVICE THAT DELIVERS VAPOR FOR INHALATION. ELECTRON-
8 IC CIGARETTE OR E-CIGARETTE SHALL INCLUDE ANY REFILL, CARTRIDGE AND ANY
9 OTHER COMPONENT OF AN ELECTRONIC CIGARETTE OR E-CIGARETTE.
10 S 2. Section 1399-cc of the public health law, as amended by chapter
11 131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by chap-
12 ter 448 of the laws of 2012, is amended to read as follows:
13 S 1399-cc. Sale of tobacco products, herbal cigarettes, LIQUID NICO-
14 TINE, shisha, rolling papers or smoking paraphernalia to minors prohib-
15 ited. 1. As used in this section:
16 (a) "A device capable of deciphering any electronically readable
17 format" or "device" shall mean any commercial device or combination of
18 devices used at a point of sale or entry that is capable of reading the
19 information encoded on the bar code or magnetic strip of a driver's
20 license or non-driver identification card issued by the state commis-
21 sioner of motor vehicles;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14563-06-4
A. 9299--B 2
1 (b) "Card holder" means any person presenting a driver's license or
2 non-driver identification card to a licensee, or to the agent or employ-
3 ee of such licensee under this chapter;
4 (c) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
5 ing papers, vaporizer or any other device, equipment or apparatus
6 designed for the inhalation of tobacco; [and]
7 (d) "Transaction scan" means the process involving an automated bar
8 code reader by which a licensee, or agent or employee of a licensee
9 under this chapter reviews a driver's license or non-driver identifica-
10 tion card presented as a precondition for the purchase of a tobacco
11 product or herbal cigarettes pursuant to subdivision three of this
12 section; AND
13 (E) "LIQUID NICOTINE", "ELECTRONIC LIQUID" OR "E-LIQUID" MEANS A
14 LIQUID COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS SOLD AS A
15 PRODUCT THAT MAY BE USED IN AN ELECTRONIC CIGARETTE.
16 2. Any person operating a place of business wherein tobacco products,
17 herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes, are
18 sold or offered for sale is prohibited from selling such products,
19 herbal cigarettes, LIQUID NICOTINE, shisha, electronic cigarettes or
20 smoking paraphernalia to individuals under eighteen years of age, and
21 shall post in a conspicuous place a sign upon which there shall be
22 imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING
23 TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL
24 CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS OR
25 SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
26 ITED BY LAW." Such sign shall be printed on a white card in red letters
27 at least one-half inch in height.
28 3. Sale of tobacco products, herbal cigarettes, LIQUID NICOTINE,
29 shisha or electronic cigarettes in such places, other than by a vending
30 machine, shall be made only to an individual who demonstrates, through
31 (a) a valid driver's license or non-driver's identification card issued
32 by the commissioner of motor vehicles, the federal government, any
33 United States territory, commonwealth or possession, the District of
34 Columbia, a state government within the United States or a provincial
35 government of the dominion of Canada, or (b) a valid passport issued by
36 the United States government or any other country, or (c) an identifica-
37 tion card issued by the armed forces of the United States, indicating
38 that the individual is at least eighteen years of age. Such identifica-
39 tion need not be required of any individual who reasonably appears to be
40 at least twenty-five years of age, provided, however, that such appear-
41 ance shall not constitute a defense in any proceeding alleging the sale
42 of a tobacco product, herbal cigarettes, LIQUID NICOTINE, shisha or
43 electronic cigarettes to an individual under eighteen years of age.
44 4. (a) Any person operating a place of business wherein tobacco
45 products, herbal cigarettes, LIQUID NICOTINE, shisha or electronic ciga-
46 rettes are sold or offered for sale may perform a transaction scan as a
47 precondition for such purchases.
48 (b) In any instance where the information deciphered by the trans-
49 action scan fails to match the information printed on the driver's
50 license or non-driver identification card, or if the transaction scan
51 indicates that the information is false or fraudulent, the attempted
52 transaction shall be denied.
53 (c) In any proceeding pursuant to section thirteen hundred ninety-
54 nine-ee of this article, it shall be an affirmative defense that such
55 person had produced a driver's license or non-driver identification card
56 apparently issued by a governmental entity, successfully completed that
A. 9299--B 3
1 transaction scan, and that the tobacco product [or], herbal cigarettes
2 OR LIQUID NICOTINE had been sold, delivered or given to such person in
3 reasonable reliance upon such identification and transaction scan. In
4 evaluating the applicability of such affirmative defense the commission-
5 er shall take into consideration any written policy adopted and imple-
6 mented by the seller to effectuate the provisions of this chapter. Use
7 of a transaction scan shall not excuse any person operating a place of
8 business wherein tobacco products, herbal cigarettes, LIQUID NICOTINE,
9 shisha or electronic cigarettes are sold, or the agent or employee of
10 such person, from the exercise of reasonable diligence otherwise
11 required by this chapter. Notwithstanding the above provisions, any such
12 affirmative defense shall not be applicable in any civil or criminal
13 proceeding, or in any other forum.
14 5. A licensee or agent or employee of such licensee shall only use a
15 device capable of deciphering any electronically readable format, and
16 shall only use the information recorded and maintained through the use
17 of such devices, for the purposes contained in subdivision four of this
18 section. No licensee or agent or employee of a licensee shall resell or
19 disseminate the information recorded during such a scan to any third
20 person. Such prohibited resale or dissemination includes but is not
21 limited to any advertising, marketing or promotional activities.
22 Notwithstanding the restrictions imposed by this subdivision, such
23 records may be released pursuant to a court ordered subpoena or pursuant
24 to any other statute that specifically authorizes the release of such
25 information. Each violation of this subdivision shall be punishable by a
26 civil penalty of not more than one thousand dollars.
27 6. A licensee or agent or employee of such a licensee may electron-
28 ically or mechanically record and maintain only the information from a
29 transaction scan necessary to effectuate this section. Such information
30 shall be limited to the following: (a) name, (b) date of birth, (c)
31 driver's license or non-driver identification number, and (d) expiration
32 date. The commissioner and state commissioner of motor vehicles shall
33 jointly promulgate any regulations necessary to govern the recording and
34 maintenance of these records by a licensee under this chapter. The
35 commissioner and the state liquor authority shall jointly promulgate any
36 regulation necessary to ensure quality control in the use of the trans-
37 action scan devices under this chapter and article five of the alcoholic
38 beverage control law.
39 7. No person operating a place of business wherein tobacco products,
40 herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes are
41 sold or offered for sale shall sell, permit to be sold, offer for sale
42 or display for sale any tobacco product, herbal cigarettes, LIQUID NICO-
43 TINE, shisha or electronic cigarettes in any manner, unless such
44 products and cigarettes are stored for sale (a) behind a counter in an
45 area accessible only to the personnel of such business, or (b) in a
46 locked container; provided, however, such restriction shall not apply to
47 tobacco businesses, as defined in subdivision eight of section thirteen
48 hundred ninety-nine-aa of this article, and to places to which admission
49 is restricted to persons eighteen years of age or older.
50 S 3. Section 17-706 of the administrative code of the city of New
51 York, as amended by local law number 94 of the city of New York for the
52 year 2013, is amended to read as follows:
53 S 17-706 Sale of cigarettes, tobacco products, LIQUID NICOTINE, or
54 electronic cigarettes to minors and young adults prohibited.
55 a. Any person operating a place of business wherein cigarettes, tobac-
56 co products, LIQUID NICOTINE, or electronic cigarettes are sold or
A. 9299--B 4
1 offered for sale is prohibited from selling such cigarettes, tobacco
2 products, LIQUID NICOTINE, or electronic cigarettes to individuals under
3 twenty-one years of age. Sale of cigarettes, tobacco products, LIQUID
4 NICOTINE, or electronic cigarettes in such places shall be made only to
5 an individual who demonstrates, through a driver's license or other
6 photographic identification card issued by a government entity or educa-
7 tional institution, that the individual is at least twenty-one years of
8 age. Such identification need not be required of any individual who
9 reasonably appears to be at least thirty years of age, provided, howev-
10 er, that such appearance shall not constitute a defense in any proceed-
11 ing alleging the sale of cigarettes, tobacco products, LIQUID NICOTINE
12 or electronic cigarettes to an individual under twenty-one years of age.
13 b. Any person operating a place of business wherein non-tobacco
14 shisha, pipes, or rolling papers are sold or offered for sale is prohib-
15 ited from selling such non-tobacco shisha, pipes, or rolling papers to
16 individuals under eighteen years of age. Sale of non-tobacco shisha,
17 pipes, or rolling papers in such places shall be made only to an indi-
18 vidual who demonstrates, through a driver's license or other photograph-
19 ic identification card issued by a government entity or educational
20 institution, that the individual is at least eighteen years of age. Such
21 identification need not be required of any individual who reasonably
22 appears to be at least twenty-five years of age, provided, however, that
23 such appearance shall not constitute a defense in any proceeding alleg-
24 ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
25 vidual under eighteen years of age.
26 c. Any person operating a place of business wherein cigarettes, tobac-
27 co products, LIQUID NICOTINE, electronic cigarettes, herbal cigarettes,
28 non-tobacco shisha, pipes, or rolling papers are sold or offered for
29 sale shall post in a conspicuous place a sign, in accordance with the
30 rules of the department, advising persons about the minimum age require-
31 ments for the purchase of such items.
32 S 4. The general business law is amended by adding a new section 399-
33 gg to read as follows:
34 S 399-GG. LABELING AND PACKAGING OF ELECTRONIC LIQUID. 1. NO PERSON,
35 FIRM OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRONIC LIQUID,
36 AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THIRTEEN
37 HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS THERE IS PRINTED
38 ON THE PACKAGE IN WHICH SUCH ELECTRONIC LIQUID IS SOLD OR OFFERED FOR
39 SALE A CONSPICUOUS NOTICE STATING:
40 (A) THE PERCENTAGE OF NICOTINE IN SUCH ELECTRONIC LIQUID; AND
41 (B) A LIST OF ANY OTHER INGREDIENTS IN SUCH ELECTRONIC LIQUID.
42 2. ANY ELECTRONIC LIQUID CONTAINING ANY PERCENTAGE OF NICOTINE SHALL
43 CONTAIN A WARNING LABEL, PROMINENTLY DISPLAYED, WHICH STATES, "WARNING:
44 THIS PRODUCT CONTAINS NICOTINE DERIVED FROM TOBACCO. NICOTINE IS AN
45 ADDICTIVE CHEMICAL."
46 3. NO PERSON, FIRM OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY
47 ELECTRONIC LIQUID, AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF
48 SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS
49 THE ELECTRONIC LIQUID IS SOLD OR OFFERED FOR SALE IN A CHILD RESISTANT
50 BOTTLE WHICH IS DESIGNED TO PREVENT ACCIDENTAL EXPOSURE OF CHILDREN TO
51 ELECTRONIC LIQUIDS.
52 4. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
53 TY NOT TO EXCEED ONE THOUSAND DOLLARS.
54 S 5. This act shall take effect immediately.
