Bill Text: NY S07212 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires all online sellers of smoking products to require a recipient, at the delivery address upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification; requires a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-25 - PRINT NUMBER 7212A [S07212 Detail]

Download: New_York-2019-S07212-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7212--A

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the public health law, in relation to the regulation of
          the online sale of smoking products

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  1399-ccc to read as follows:
     3    § 1399-ccc. Online sale of smoking products. 1. All online sellers  of
     4  electronic  cigarettes  or other vaping devices, liquid nicotine, herbal
     5  cigarettes, rolling papers or  smoking  paraphernalia  purchased  online
     6  shall  ensure  that  the outside of each shipping container used to ship
     7  such electronic cigarettes or  other  vaping  device,  liquid  nicotine,
     8  herbal cigarettes, rolling papers or smoking paraphernalia directly to a
     9  New  York  resident  is  conspicuously labeled with the words: "CONTAINS
    10  SMOKING PRODUCTS - SIGNATURE OF PERSON AGE  21  OR  OLDER  REQUIRED  FOR
    11  DELIVERY  - NOT FOR RESALE" or with other language specifically approved
    12  by the department.
    13    2. All  online  sellers  of  electronic  cigarettes  or  other  vaping
    14  devices,  liquid  nicotine, herbal cigarettes, rolling papers or smoking
    15  paraphernalia shall require common carriers to:
    16    (a) require a recipient, at the delivery address,  upon  delivery,  to
    17  demonstrate  that  the  recipient is at least twenty-one years of age by
    18  providing a valid form  of  photographic  identification  authorized  by
    19  subdivision  three  of  section  thirteen hundred ninety-nine-cc of this
    20  article;
    21    (b) require a recipient to sign an electronic or paper form  or  other
    22  acknowledgement of receipt as approved by the department; and
    23    (c)  refuse  delivery  when the proposed recipient appears to be under
    24  twenty-one years of age and refuses to present valid  identification  as
    25  required by paragraph (a) of this subdivision.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02162-02-0