A09044 Summary:

BILL NOA09044B
 
SAME ASSAME AS S02926-B
 
SPONSORRosenthal (MS)
 
COSPNSRRaia, Titone, Englebright, Maisel, Galef, Miller M, Castro, Jaffee, Brook-Krasny, Perry, Losquadro, Ortiz, Zebrowski, Weprin, Rivera P, Ra, Montesano, Duprey, Robinson
 
MLTSPNSRArroyo, Brennan, Burling, Camara, Ceretto, Cymbrowitz, Finch, Glick, Goodell, Gottfried, McKevitt, Murray, Sweeney, Tobacco, Weisenberg
 
Amd Art 13-F Art Head, SS1399-aa, 1399-cc, 1399-dd & 1399-ff, Pub Health L
 
Prohibits the sale of electronic cigarettes to persons under 18 years of age.
Go to top    

A09044 Actions:

BILL NOA09044B
 
01/17/2012referred to health
02/14/2012reported referred to codes
03/02/2012amend and recommit to codes
03/02/2012print number 9044a
05/10/2012amend and recommit to codes
05/10/2012print number 9044b
05/22/2012reported
05/24/2012advanced to third reading cal.647
05/30/2012passed assembly
05/30/2012delivered to senate
05/30/2012REFERRED TO HEALTH
06/21/2012SUBSTITUTED FOR S2926B
06/21/20123RD READING CAL.1454
06/21/2012PASSED SENATE
06/21/2012RETURNED TO ASSEMBLY
08/27/2012delivered to governor
09/05/2012signed chap.448
Go to top

A09044 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9044B
 
SPONSOR: Rosenthal (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to prohibiting the sale of electronic cigarettes to minors   PURPOSE OR GENERAL IDEA OF BILL: This bill bans the sale and distrib- ution of electronic cigarettes to persons under 18 years of age.   SUMMARY OF SPECIFIC PROVISIONS: The bill amends Section 1399-aa of the Public Health Law by adding a new subdivision 13 to define "electronic cigarettes." The bill also amends section 1399-cc of the Public Health Law to prohibit the sale of electronic cigarettes to minors in the same way that the existing law regulates tobacco products, herbal cigarettes and shisha. Finally, the bill makes conforming changes to other sections of the Public Health Law.   JUSTIFICATION: Electronic cigarettes are battery-operated devices that vaporize cartridges filled with nicotine, flavor and other chemicals that the user inhales. Electronic cigarettes are currently marketed as a smoking cessation device or a healthier alternative to smoking tradi- tional tobacco products. Despite their widespread use, little is known about the risks associated with smoking electronic cigarettes. Recent testing by the United States Food and Drug Administration (FDA) has found that electronic cigarettes can be dangerous because users inhale carcinogens and toxic chemicals, such as diethylene glycol, an ingredient found in antifreeze. While the FDA will regulate electronic cigarettes in the future, the product is not currently regulated by any agency. Electronic cigarettes are readily available over the Internet and in shopping malls. They are produced in different flavors to increase their appeal. Unlike traditional tobacco products, electronic cigarettes lack any health warnings comparable to FDA approved nicotine replacement products or conventional tobacco products. In addition, these devices are often made overseas in countries with less stringent standards for product quality than exist in the United States. This legislation is needed to protect children and young adults from the dangers of smoking electronic cigarettes, particularly given that they are unregulated and have not been proven to be safe for use at any age.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect the first day of January next succeeding the date on which is shall have become a law.
Go to top

A09044 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9044--B
 
                   IN ASSEMBLY
 
                                    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    § 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    § 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    §  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    § 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    § 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    § 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.
Go to top