Bill Text: NY A06667 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Prohibits the sale of electronic cigarettes, or e-cigarettes, to minors; adds definitions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-01 - enacting clause stricken [A06667 Detail]

Download: New_York-2011-A06667-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6667
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced by M. of A. RAIA, SWEENEY, RA, WEISENBERG, MONTESANO, DUPREY,
         SPANO  --  Multi-Sponsored  by  --  M. of A. BURLING, CASTRO, CERETTO,
         FINCH,  GOODELL,  JAFFEE,  LOSQUADRO,  McKEVITT,  M. MILLER,   MURRAY,
         N. RIVERA,  P. RIVERA  --  read  once and referred to the Committee on
         Health
       AN ACT to amend the public health law, in relation to prohibiting  elec-
         tronic cigarette sales to minors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1399-aa of the public  health  law  is  amended  by
    2  adding two new subdivisions 12 and 13 to read as follows:
    3    12. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS ANY BATTERY OPERATED
    4  DEVICE  DESIGNED  TO EMIT A NICOTINE VAPOR UPON INHALATION WITHOUT BEING
    5  LIT. E-CIGARETTES ARE COMPOSED OF A BATTERY, A HEATING ELEMENT OR  ATOM-
    6  IZER, AND A CARTRIDGE.
    7    13.  "ELECTRONIC CIGARETTE CARTRIDGE" OR "E-CIGARETTE CARTRIDGE" MEANS
    8  A COMPONENT OF AN E-CIGARETTE THAT CONTAINS LIQUID NICOTINE.
    9    S 2. The section heading and subdivisions 2, 3, 4  and  7  of  section
   10  1399-cc  of  the public health law, the section heading and subdivisions
   11  2, 3 and 4 as amended by chapter 508 of the laws of 2000, subdivision  3
   12  as  separately  amended by chapter 162 of the laws of 2002, and subdivi-
   13  sion 7 as amended by chapter 13 of the laws of 2003, are amended to read
   14  as follows:
   15    Sale of tobacco products, herbal  cigarettes,  ELECTRONIC  CIGARETTES,
   16  rolling papers or pipes to minors prohibited.
   17    2.  Any person operating a place of business wherein tobacco products,
   18  ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered for  sale
   19  is  prohibited from selling such products, herbal cigarettes, ELECTRONIC
   20  CIGARETTES, rolling papers or pipes to individuals under eighteen  years
   21  of  age,  and  shall post in a conspicuous place a sign upon which there
   22  shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
   23  CHEWING TOBACCO, POWDERED TOBACCO, OR  OTHER  TOBACCO  PRODUCTS,  HERBAL
   24  CIGARETTES,  ELECTRONIC  CIGARETTES, ROLLING PAPERS OR PIPES, TO PERSONS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07226-01-1
       A. 6667                             2
    1  UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW."  Such sign  shall  be
    2  printed on a white card in red letters at least one-half inch in height.
    3    3.  Sale  of  tobacco  products, ELECTRONIC CIGARETTES or herbal ciga-
    4  rettes in such places, other than by a vending machine,  shall  be  made
    5  only  to  an  individual  who demonstrates, through (a) a valid driver's
    6  license or non-driver's identification card issued by  the  commissioner
    7  of  motor vehicles, the federal government, any United States territory,
    8  commonwealth or possession, the District of Columbia, a state government
    9  within the United States or a provincial government of the  dominion  of
   10  Canada,  or  (b) a valid passport issued by the United States government
   11  or any other country, or (c) an identification card issued by the  armed
   12  forces  of the United States, indicating that the individual is at least
   13  eighteen years of age. Such identification need not be required  of  any
   14  individual  who  reasonably  appears to be at least twenty-five years of
   15  age, provided, however, that such  appearance  shall  not  constitute  a
   16  defense  in  any  proceeding  alleging  the sale of a tobacco product or
   17  herbal cigarettes to an individual under eighteen years of age.
   18    4. (a) Any person  operating  a  place  of  business  wherein  tobacco
   19  products, ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered
   20  for  sale  may  perform  a  transaction  scan as a precondition for such
   21  purchases.
   22    (b) In any instance where the information  deciphered  by  the  trans-
   23  action  scan  fails  to  match  the  information printed on the driver's
   24  license or non-driver identification card, or if  the  transaction  scan
   25  indicates  that  the  information  is false or fraudulent, the attempted
   26  transaction shall be denied.
   27    (c) In any proceeding pursuant  to  section  thirteen  hundred-ninety-
   28  nine-ee  of  this  article, it shall be an affirmative defense that such
   29  person had produced a driver's license or non-driver identification card
   30  apparently issued by a governmental entity, successfully completed  that
   31  transaction scan, and that the tobacco product, ELECTRONIC CIGARETTES or
   32  herbal  cigarettes  had  been sold, delivered or given to such person in
   33  reasonable reliance upon such identification and  transaction  scan.  In
   34  evaluating the applicability of such affirmative defense the commission-
   35  er  shall  take into consideration any written policy adopted and imple-
   36  mented by the seller to effectuate the provisions of this  chapter.  Use
   37  of  a  transaction scan shall not excuse any person operating a place of
   38  business wherein tobacco products, ELECTRONIC CIGARETTES or herbal ciga-
   39  rettes are sold, or the agent or employee of such person, from the exer-
   40  cise  of  reasonable  diligence  otherwise  required  by  this  chapter.
   41  Notwithstanding the above provisions, any such affirmative defense shall
   42  not  be  applicable in any civil or criminal proceeding, or in any other
   43  forum.
   44    7. No person operating a place of business wherein  tobacco  products,
   45  ELECTRONIC  CIGARETTES or herbal cigarettes are sold or offered for sale
   46  shall sell, permit to be sold, offer for sale or display  for  sale  any
   47  tobacco  product,  ELECTRONIC  CIGARETTES  or  herbal  cigarettes in any
   48  manner, unless such products and cigarettes  are  stored  for  sale  (a)
   49  behind  a  counter  in  an area accessible only to the personnel of such
   50  business,  or  (b)  in  a  locked  container;  provided,  however,  such
   51  restriction  shall not apply to tobacco businesses, as defined in subdi-
   52  vision eight of section thirteen hundred ninety-nine-aa of this article,
   53  and to places to which admission is restricted to persons eighteen years
   54  of age or older.
   55    S 3. This act shall take effect immediately.