Bill Text: NY A09044 | 2011-2012 | General Assembly | Amended
Bill Title: Prohibits the sale of electronic cigarettes to persons under 18 years of age.
Spectrum: Slight Partisan Bill (Democrat 23-12)
Status: (Passed) 2012-09-05 - signed chap.448 [A09044 Detail]
Download: New_York-2011-A09044-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9044--B
I N A S S E M B L Y
January 17, 2012
___________
Introduced by M. of A. ROSENTHAL, RAIA, TITONE, ENGLEBRIGHT, MAISEL,
GALEF, M. MILLER, CASTRO, JAFFEE, BROOK-KRASNY, PERRY, LOSQUADRO,
ORTIZ, ZEBROWSKI, WEPRIN, P. RIVERA, RA, MONTESANO, DUPREY, ROBINSON
-- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, BURLING, CAMARA,
CERETTO, CYMBROWITZ, FINCH, GLICK, GOODELL, GOTTFRIED, McKEVITT,
MURRAY, SWEENEY, TOBACCO, WEISENBERG -- read once and referred to the
Committee on Health -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes to minors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The article heading of article 13-F of the public health
2 law, as amended by chapter 508 of the laws of 2000, is amended to read
3 as follows:
4 ARTICLE 13-F
5 REGULATION OF TOBACCO PRODUCTS [AND], HERBAL
6 CIGARETTES AND SMOKING PARAPHERNALIA; DISTRIBUTION TO MINORS
7 S 2. Section 1399-aa of the public health law is amended by adding a
8 new subdivision 13 to read as follows:
9 13. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS A BATTERY-OPERATED
10 DEVICE THAT CONTAINS CARTRIDGES FILLED WITH A COMBINATION OF NICOTINE,
11 FLAVOR AND CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE
12 USER.
13 S 3. Subdivisions 2, 3, 4 and 7 of section 1399-cc of the public
14 health law, as amended by chapter 131 of the laws of 2011, are amended
15 to read as follows:
16 2. Any person operating a place of business wherein tobacco products,
17 herbal cigarettes [or], shisha OR ELECTRONIC CIGARETTES, are sold or
18 offered for sale is prohibited from selling such products, herbal ciga-
19 rettes, shisha, ELECTRONIC CIGARETTES or smoking paraphernalia to indi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13620-10-2
A. 9044--B 2
1 viduals under eighteen years of age, and shall post in a conspicuous
2 place a sign upon which there shall be imprinted the following state-
3 ment, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO,
4 SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGA-
5 RETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGH-
6 TEEN YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a
7 white card in red letters at least one-half inch in height.
8 3. Sale of tobacco products, herbal cigarettes [or], shisha OR ELEC-
9 TRONIC CIGARETTES in such places, other than by a vending machine, shall
10 be made only to an individual who demonstrates, through (a) a valid
11 driver's license or non-driver's identification card issued by the
12 commissioner of motor vehicles, the federal government, any United
13 States territory, commonwealth or possession, the District of Columbia,
14 a state government within the United States or a provincial government
15 of the dominion of Canada, or (b) a valid passport issued by the United
16 States government or any other country, or (c) an identification card
17 issued by the armed forces of the United States, indicating that the
18 individual is at least eighteen years of age. Such identification need
19 not be required of any individual who reasonably appears to be at least
20 twenty-five years of age, provided, however, that such appearance shall
21 not constitute a defense in any proceeding alleging the sale of a tobac-
22 co product, herbal cigarettes [or], shisha OR ELECTRONIC CIGARETTES to
23 an individual under eighteen years of age.
24 4. (a) Any person operating a place of business wherein tobacco
25 products, herbal cigarettes [or], shisha OR ELECTRONIC CIGARETTES are
26 sold or offered for sale may perform a transaction scan as a precondi-
27 tion for such purchases.
28 (b) In any instance where the information deciphered by the trans-
29 action scan fails to match the information printed on the driver's
30 license or non-driver identification card, or if the transaction scan
31 indicates that the information is false or fraudulent, the attempted
32 transaction shall be denied.
33 (c) In any proceeding pursuant to section thirteen [hundred-ninety-
34 nine-ee] HUNDRED NINETY-NINE-EE of this article, it shall be an affirma-
35 tive defense that such person had produced a driver's license or non-
36 driver identification card apparently issued by a governmental entity,
37 successfully completed that transaction scan, and that the tobacco prod-
38 uct or herbal cigarettes had been sold, delivered or given to such
39 person in reasonable reliance upon such identification and transaction
40 scan. In evaluating the applicability of such affirmative defense the
41 commissioner shall take into consideration any written policy adopted
42 and implemented by the seller to effectuate the provisions of this chap-
43 ter. Use of a transaction scan shall not excuse any person operating a
44 place of business wherein tobacco products, herbal cigarettes [or],
45 shisha OR ELECTRONIC CIGARETTES are sold, or the agent or employee of
46 such person, from the exercise of reasonable diligence otherwise
47 required by this chapter. Notwithstanding the above provisions, any
48 such affirmative defense shall not be applicable in any civil or crimi-
49 nal proceeding, or in any other forum.
50 7. No person operating a place of business wherein tobacco products,
51 herbal cigarettes [or], shisha OR ELECTRONIC CIGARETTES are sold or
52 offered for sale shall sell, permit to be sold, offer for sale or
53 display for sale any tobacco product, herbal cigarettes [or], shisha OR
54 ELECTRONIC CIGARETTES in any manner, unless such products and cigarettes
55 are stored for sale (a) behind a counter in an area accessible only to
56 the personnel of such business, or (b) in a locked container; provided,
A. 9044--B 3
1 however, such restriction shall not apply to tobacco businesses, as
2 defined in subdivision eight of section thirteen hundred ninety-nine-aa
3 of this article, and to places to which admission is restricted to
4 persons eighteen years of age or older.
5 S 4. Section 1399-dd of the public health law, as amended by chapter
6 13 of the laws of 2003, is amended to read as follows:
7 S 1399-dd. Sale of tobacco products [or], herbal cigarettes OR ELEC-
8 TRONIC CIGARETTES in vending machines. No person, firm, partnership,
9 company or corporation shall operate a vending machine which dispenses
10 tobacco products [or], herbal cigarettes OR ELECTRONIC CIGARETTES unless
11 such machine is located: (a) in a bar as defined in subdivision one of
12 section thirteen hundred ninety-nine-n of this chapter, or the bar area
13 of a food service establishment with a valid, on-premises full liquor
14 license; (b) in a private club; (c) in a tobacco business as defined in
15 subdivision eight of section thirteen hundred ninety-nine-aa of this
16 article; or (d) in a place of employment which has an insignificant
17 portion of its regular workforce comprised of people under the age of
18 eighteen years and only in such locations that are not accessible to the
19 general public; provided, however, that in such locations the vending
20 machine is located in plain view and under the direct supervision and
21 control of the person in charge of the location or his or her designated
22 agent or employee.
23 S 5. Subdivision 1 of section 1399-ff of the public health law, as
24 amended by chapter 508 of the laws of 2000, is amended to read as
25 follows:
26 1. Where a civil penalty for a particular incident has not been
27 imposed or an enforcement action regarding an alleged violation for a
28 particular incident is not pending under section thirteen hundred nine-
29 ty-nine-ee of this article, a parent or guardian of a minor to whom
30 tobacco products [or], herbal cigarettes OR ELECTRONIC CIGARETTES are
31 sold or distributed in violation of this article may submit a complaint
32 to an enforcement officer setting forth the name and address of the
33 alleged violator, the date of the alleged violation, the name and
34 address of the complainant and the minor, and a brief statement describ-
35 ing the alleged violation. The enforcement officer shall notify the
36 alleged violator by certified or registered mail, return receipt
37 requested, that a complaint has been submitted, and shall set a date, at
38 least fifteen days after the mailing of such notice, for a hearing on
39 the complaint. Such notice shall contain the information submitted by
40 the complainant.
41 S 6. This act shall take effect on the first day of January next
42 succeeding the date on which it shall have become a law.
