Bill Text: NY S01223 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the distribution without charge of electronic cigarettes to minors; requires such distribution be made only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution indicating that the individual is at least eighteen years of age.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-04-18 - SIGNED CHAP.4 [S01223 Detail]

Download: New_York-2017-S01223-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1223
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation  to  prohibiting  the
          distribution without charge 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 section heading and subdivision 4 of section 1399-bb of
     2  the public health law, as amended by chapter 508 of the  laws  of  2000,
     3  are amended to read as follows:
     4    Distribution  of  tobacco  products,  electronic  cigarettes or herbal
     5  cigarettes without charge.
     6    4. No person engaged in the business of selling or otherwise  distrib-
     7  uting  electronic  cigarettes  for  commercial purposes, or any agent or
     8  employee of such person, shall knowingly, in furtherance of  such  busi-
     9  ness,  distribute  without charge any electronic cigarettes to any indi-
    10  vidual under eighteen years of age.
    11    5. The distribution of tobacco products or herbal cigarettes  pursuant
    12  to subdivision two of this section or the distribution without charge of
    13  electronic  cigarettes  shall  be  made only to an individual who demon-
    14  strates, through a driver's license or other photographic identification
    15  card issued by a government entity or educational institution indicating
    16  that the individual is at least eighteen years of age. Such  identifica-
    17  tion need not be required of any individual who reasonably appears to be
    18  at  least twenty-five years of age; provided, however, that such appear-
    19  ance shall not constitute a defense in any proceeding alleging the  sale
    20  of  a  tobacco  product, electronic cigarette or herbal cigarette or the
    21  distribution without charge of electronic cigarettes to an individual.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04167-01-7