Amd SS1399-n, 1399-aa - 1399-dd, 1399-ff, 1399-ll & 1399-mm, Pub Health L; amd S260.21, Pen L; amd S17-714,
NYC Ad Cd
Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products and electronic cigarettes from 18 to 21; directs the department of health to evaluate the health effects of electronic cigarettes on members of the public.
STATE OF NEW YORK
________________________________________________________________________
7737
IN SENATE
June 3, 2014
___________
Introduced by Sens. STEWART-COUSINS, RIVERA -- 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
vaporization of nicotine within electronic cigarettes in certain
areas; to amend the public health law, the penal law and the adminis-
trative code of the city of New York, in relation to increasing the
purchasing age for tobacco products and electronic cigarettes from
eighteen to twenty-one; and relating to directing the department of
health to evaluate the health effects of electronic cigarettes on
members of the public
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 1399-n of the public health law,
2 as amended by chapter 13 of the laws of 2003, is amended to read as
3 follows:
4 8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
5 any other matter or substance which contains tobacco or the vaporization
6 of nicotine or other chemicals within an electronic cigarette.
7 § 2. Subdivision 4 of section 1399-aa of the public health law, as
8 added by chapter 799 of the laws of 1992, is amended to read as follows:
9 4. "Private club" means an organization with no more than an insignif-
10 icant portion of its membership comprised of people under the age of
11 [eighteen] twenty-one years that regularly receives dues and/or payments
12 from its members for the use of space, facilities and services.
13 § 3. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb
14 of the public health law, as amended by chapter 13 of the laws of 2003,
15 are amended to read as follows:
16 (b) conventions and trade shows; provided that the distribution is
17 confined to designated areas generally accessible only to persons over
18 the age of [eighteen] twenty-one;
19 (c) events sponsored by tobacco [or], herbal cigarette or electronic
20 cigarette manufacturers provided that the distribution is confined to
21 designated areas generally accessible only to persons over the age of
22 [eighteen] twenty-one;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15123-03-4
S. 7737 2
1 (f) factories as defined in subdivision nine of section thirteen
2 hundred ninety-nine-aa of this article and construction sites; provided
3 that the distribution is confined to designated areas generally accessi-
4 ble only to persons over the age of [eighteen] twenty-one.
5 § 4. Subdivision 4 of section 1399-bb of the public health law, as
6 amended by chapter 508 of the laws of 2000, is amended and a new subdi-
7 vision 5 is added to read as follows:
8 4. The distribution of tobacco products [or], herbal cigarettes or
9 electronic cigarettes pursuant to subdivision two of this section shall
10 be made only to an individual who demonstrates, through a driver's
11 license or other photographic identification card issued by a government
12 entity or educational institution indicating that the individual is at
13 least [eighteen] twenty-one years of age. Such identification need not
14 be required of any individual who reasonably appears to be at least
15 [twenty-five] thirty years of age; provided, however, that such appear-
16 ance shall not constitute a defense in any proceeding alleging the sale
17 of a tobacco product [or], herbal cigarette or electronic cigarette to
18 an individual under twenty-one years of age.
19 5. Nothing in this section shall be deemed to limit the authority of
20 any county, city, town or village to adopt or amend any local law or
21 ordinance which imposes stricter restrictions and conditions on the
22 minimum age requirement provided or authorized by this section, so long
23 as such local law or ordinance is consistent with the authority to
24 protect the order, conduct, health, safety and general welfare of
25 persons or property. Nothing in this section shall be deemed to alter or
26 invalidate any local law or ordinance in effect on the effective date of
27 this subdivision.
28 § 5. Subdivisions 2, 3 and 7 of section 1399-cc of the public health
29 law, as amended by chapter 448 of the laws of 2012, are amended and a
30 new subdivision 8 is added to read as follows:
31 2. Any person operating a place of business wherein tobacco products,
32 herbal cigarettes, shisha or electronic cigarettes, are sold or offered
33 for sale is prohibited from selling such products, herbal cigarettes,
34 shisha, electronic cigarettes or smoking paraphernalia to individuals
35 under [eighteen] twenty-one years of age, and shall post in a conspicu-
36 ous place a sign upon which there shall be imprinted the following
37 statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC-
38 CO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC
39 CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER
40 [EIGHTEEN] TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign
41 shall be printed on a white card in red letters at least one-half inch
42 in height.
43 3. Sale of tobacco products, herbal cigarettes, shisha or electronic
44 cigarettes in such places, other than by a vending machine, shall be
45 made only to an individual who demonstrates, through (a) a valid driv-
46 er's license or non-driver's identification card issued by the commis-
47 sioner of motor vehicles, the federal government, any United States
48 territory, commonwealth or possession, the District of Columbia, a state
49 government within the United States or a provincial government of the
50 dominion of Canada, or (b) a valid passport issued by the United States
51 government or any other country, or (c) an identification card issued by
52 the armed forces of the United States, indicating that the individual is
53 at least [eighteen] twenty-one years of age. Such identification need
54 not be required of any individual who reasonably appears to be at least
55 [twenty-five] thirty years of age, provided, however, that such appear-
56 ance shall not constitute a defense in any proceeding alleging the sale
S. 7737 3
1 of a tobacco product, herbal cigarettes, shisha or electronic cigarettes
2 to an individual under [eighteen] twenty-one years of age.
3 7. No person operating a place of business wherein tobacco products,
4 herbal cigarettes, shisha or electronic cigarettes are sold or offered
5 for sale shall sell, permit to be sold, offer for sale or display for
6 sale any tobacco product, herbal cigarettes, shisha or electronic ciga-
7 rettes in any manner, unless such products and cigarettes are stored for
8 sale (a) behind a counter in an area accessible only to the personnel of
9 such business, or (b) in a locked container; provided, however, such
10 restriction shall not apply to tobacco businesses, as defined in subdi-
11 vision eight of section thirteen hundred ninety-nine-aa of this article,
12 and to places to which admission is restricted to persons [eighteen]
13 twenty-one years of age or older.
14 8. Nothing in this section shall be deemed to limit the authority of
15 any county, city, town or village to adopt or amend any local law or
16 ordinance which imposes stricter restrictions and conditions on the
17 minimum age requirement provided or authorized by this section, so long
18 as such local law or ordinance is consistent with the authority to
19 protect the order, conduct, health, safety and general welfare of
20 persons or property. Nothing in this section shall be deemed to alter or
21 invalidate any local law or ordinance in effect on the effective date of
22 this subdivision.
23 § 6. Section 1399-dd of the public health law, as amended by chapter
24 448 of the laws of 2012, is amended to read as follows:
25 § 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
26 ic cigarettes in vending machines. No person, firm, partnership, company
27 or corporation shall operate a vending machine which dispenses tobacco
28 products, herbal cigarettes or electronic cigarettes unless such machine
29 is located: (a) in a bar as defined in subdivision one of section thir-
30 teen hundred ninety-nine-n of this chapter, or the bar area of a food
31 service establishment with a valid, on-premises full liquor license; (b)
32 in a private club; (c) in a tobacco business as defined in subdivision
33 eight of section thirteen hundred ninety-nine-aa of this article; or (d)
34 in a place of employment which has an insignificant portion of its regu-
35 lar workforce comprised of people under the age of [eighteen] twenty-one
36 years and only in such locations that are not accessible to the general
37 public; provided, however, that in such locations the vending machine is
38 located in plain view and under the direct supervision and control of
39 the person in charge of the location or his or her designated agent or
40 employee.
41 2. Nothing in this section shall be deemed to limit the authority of
42 any county, city, town or village to adopt or amend any local law or
43 ordinance which imposes stricter restrictions and conditions on the
44 minimum age requirement provided or authorized by this section, so long
45 as such local law or ordinance is consistent with the authority to
46 protect the order, conduct, health, safety and general welfare of
47 persons or property. Nothing in this section shall be deemed to alter or
48 invalidate any local law or ordinance in effect on the effective date of
49 this subdivision.
50 § 7. Subdivision 1 of section 1399-ff of the public health law, as
51 amended by chapter 448 of the laws of 2012, is amended and a new subdi-
52 vision 4 is added to read as follows:
53 1. Where a civil penalty for a particular incident has not been
54 imposed or an enforcement action regarding an alleged violation for a
55 particular incident is not pending under section thirteen hundred nine-
56 ty-nine-ee of this article, a parent or guardian of a [minor] person
S. 7737 4
1 under twenty-one years of age to whom tobacco products, herbal ciga-
2 rettes or electronic cigarettes are sold or distributed in violation of
3 this article may submit a complaint to an enforcement officer setting
4 forth the name and address of the alleged violator, the date of the
5 alleged violation, the name and address of the complainant and the
6 [minor] person under twenty-one years of age, and a brief statement
7 describing the alleged violation. The enforcement officer shall notify
8 the alleged violator by certified or registered mail, return receipt
9 requested, that a complaint has been submitted, and shall set a date, at
10 least fifteen days after the mailing of such notice, for a hearing on
11 the complaint. Such notice shall contain the information submitted by
12 the complainant.
13 4. Nothing in this section shall be deemed to limit the authority of
14 any county, city, town or village to adopt or amend any local law or
15 ordinance which imposes stricter restrictions and conditions on the
16 minimum age requirement provided or authorized by this section, so long
17 as such local law or ordinance is consistent with the authority to
18 protect the order, conduct, health, safety and general welfare of
19 persons or property. Nothing in this section shall be deemed to alter or
20 invalidate any local law or ordinance in effect on the effective date of
21 this subdivision.
22 § 8. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
23 public health law, as added by chapter 518 of the laws of 2000, are
24 amended to read as follows:
25 (b) Any person operating a tobacco business wherein bidis is sold or
26 offered for sale is prohibited from selling such bidis to individuals
27 under [eighteen] twenty-one years of age, and shall post in a conspicu-
28 ous place a sign upon which there shall be imprinted the following
29 statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
30 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
31 card in red letters at least one-half inch in height.
32 (c) Sales of bidis by a tobacco business shall be made only to an
33 individual who demonstrates, through a driver's license or other photo-
34 graphic identification card issued by a government entity or educational
35 institution indicating that the individual is at least [eighteen] twen-
36 ty-one years of age. Such identification need not be required of any
37 individual who reasonably appears to be at least [twenty-five] thirty
38 years of age, provided, however, that such appearance shall not consti-
39 tute a defense in any proceeding alleging the sale of a tobacco product
40 to an individual under [eighteen] twenty-one years of age.
41 § 9. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of
42 section 1399-mm of the public health law, as added by chapter 549 of the
43 laws of 2003, are amended to read as follows:
44 1. No person shall knowingly sell or provide gutka to any other person
45 under [eighteen] twenty-one years of age. No other provision of law
46 authorizing the sale of tobacco products, other than subdivision two of
47 this section, shall authorize the sale of gutka. Any person who
48 violates the provisions of this subdivision shall be subject to a civil
49 penalty of not more than five hundred dollars.
50 (b) Any person operating a tobacco business wherein gutka is sold or
51 offered for sale is prohibited from selling such gutka to individuals
52 under [eighteen] twenty-one years of age, and shall post in a conspicu-
53 ous place a sign upon which there shall be imprinted the following
54 statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
55 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
56 card in red letters at least one-half inch in height.
S. 7737 5
1 (c) Sales of gutka by a tobacco business shall be made only to an
2 individual who demonstrates, through a driver's license or other photo-
3 graphic identification card issued by a government entity or educational
4 institution indicating that the individual is at least [eighteen] twen-
5 ty-one years of age. Such identification need not be required of any
6 individual who reasonably appears to be at least [twenty-five] thirty
7 years of age, provided, however, that such appearance shall not consti-
8 tute a defense in any proceeding alleging the sale of a tobacco product
9 to an individual under [eighteen] twenty-one years of age.
10 § 10. Subdivision 3 of section 260.21 of the penal law, as added by
11 chapter 362 of the laws of 1992, is amended to read as follows:
12 3. He or she sells or causes to be sold tobacco in any form to a child
13 less than [eighteen] twenty-one years old, however nothing in this
14 section shall be deemed to limit the authority of any county, city, town
15 or village to adopt or amend any local law or ordinance which imposes
16 stricter restrictions and conditions on the minimum age requirement
17 provided or authorized by this subdivision, so long as such local law or
18 ordinance is consistent with the authority to protect the order,
19 conduct, health, safety and general welfare of persons or property.
20 Nothing in this section shall be deemed to alter or invalidate any local
21 law or ordinance in effect on the effective date of the chapter of the
22 laws of two thousand fourteen that amended this subdivision.
23 § 11. Section 17-714 of the administrative code of the city of New
24 York, as amended by local law number 69 of the city of New York for the
25 year 2009, is amended to read as follows:
26 § 17-714 Sale of herbal cigarettes to minors prohibited. It shall be
27 unlawful for any person to sell or offer for sale herbal cigarettes to
28 an individual under [eighteen] twenty-one years of age.
29 § 12. 1. For the purposes of this section, the following terms shall
30 have the following meanings:
31 (a) "Electronic cigarette" shall have the same meaning as the term is
32 defined in section 1399-aa of the public health law.
33 (b) "Refillable electronic cigarette" shall mean an electronic ciga-
34 rette that is designed to allow for cartridges to be removed and
35 replaced with new cartridges of liquid nicotine.
36 (c) "Non-refillable electronic cigarette" shall mean an electronic
37 cigarette that is designed to have a finite number of uses and not
38 intended to be refilled with liquid nicotine cartridges.
39 (d) "Liquid nicotine" shall mean a liquid composed of nicotine and
40 other chemicals, which is sold as a product that may be used in an elec-
41 tronic cigarette.
42 2. Within sixty days of the effective date of this act, the department
43 of health shall commence to examine and evaluate the effects of elec-
44 tronic cigarettes on the public health. Such study shall examine:
45 (a) the possible adverse health effects of the vapor released from
46 electronic cigarettes;
47 (b) the effectiveness of electronic cigarettes as a smoking cessation
48 tool;
49 (c) the occurrence of nicotine addiction when using an electronic
50 cigarette as opposed to a cigarette or other tobacco products;
51 (d) the chemical composition of liquid nicotine used to refill elec-
52 tronic cigarettes and any threat to public health from such liquid nico-
53 tine;
54 (e) the possible adverse health effects from exposure to liquid nico-
55 tine that is sold to refill electronic cigarettes; and
S. 7737 6
1 (f) the different threats to public health from the use of refillable
2 versus non-refillable electronic cigarette systems.
3 3. Within one year of the effective date of this act, the commissioner
4 of health shall report to the governor and the legislature the depart-
5 ment of health's findings and make any recommendations he or she shall
6 deem necessary.
7 § 13. This act shall take effect immediately; provided however that
8 sections one through eleven of this act shall take effect on the nineti-
9 eth day after it shall have become a law.
