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A00749 Summary:

BILL NOA00749
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §§1399-n, 1399-aa, 1399-bb, 1399-cc, 1399-dd, 1399-ff, 1399-ll &1399-mm, Pub Health L; amd 260.21, Pen L; amd 17-714, 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.
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A00749 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           749
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01773-01-7

        A. 749                              2
 
     1    (c)  events  sponsored by tobacco [or], herbal cigarette or electronic
     2  cigarette manufacturers provided that the distribution  is  confined  to
     3  designated  areas  generally  accessible only to persons over the age of
     4  [eighteen] twenty-one;
     5    (f)  factories  as  defined  in  subdivision  nine of section thirteen
     6  hundred ninety-nine-aa of this article and construction sites;  provided
     7  that the distribution is confined to designated areas generally accessi-
     8  ble only to persons over the age of [eighteen] twenty-one.
     9    §  4.  Subdivision  4  of section 1399-bb of the public health law, as
    10  amended by chapter 508 of the laws of 2000, is amended and a new  subdi-
    11  vision 5 is added to read as follows:
    12    4.  The  distribution  of  tobacco products [or], herbal cigarettes or
    13  electronic cigarettes pursuant to subdivision two of this section  shall
    14  be  made  only  to  an  individual  who demonstrates, through a driver's
    15  license or other photographic identification card issued by a government
    16  entity or educational institution indicating that the individual  is  at
    17  least  [eighteen]  twenty-one years of age. Such identification need not
    18  be required of any individual who reasonably  appears  to  be  at  least
    19  [twenty-five]  thirty years of age; provided, however, that such appear-
    20  ance shall not constitute a defense in any proceeding alleging the  sale
    21  of  a  tobacco product [or], herbal cigarette or electronic cigarette to
    22  an individual under twenty-one years of age.
    23    5. Nothing in this section shall be deemed to limit the  authority  of
    24  any  county,  city,  town  or village to adopt or amend any local law or
    25  ordinance which imposes stricter  restrictions  and  conditions  on  the
    26  minimum  age requirement provided or authorized by this section, so long
    27  as such local law or ordinance  is  consistent  with  the  authority  to
    28  protect  the  order,  conduct,  health,  safety  and  general welfare of
    29  persons or property. Nothing in this section shall be deemed to alter or
    30  invalidate any local law or ordinance in effect on the effective date of
    31  this subdivision.
    32    § 5. Subdivisions 2, 3 and 7 of section 1399-cc of the  public  health
    33  law,  as  amended  by chapter 542 of the laws of 2014, are amended and a
    34  new subdivision 8 is added to read as follows:
    35    2. Any person operating a place of business wherein tobacco  products,
    36  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
    37  sold  or  offered  for  sale  is  prohibited from selling such products,
    38  herbal cigarettes, liquid nicotine,  shisha,  electronic  cigarettes  or
    39  smoking  paraphernalia  to individuals under [eighteen] twenty-one years
    40  of age, and shall post in a conspicuous place a sign  upon  which  there
    41  shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
    42  CHEWING  TOBACCO,  POWDERED  TOBACCO,  SHISHA OR OTHER TOBACCO PRODUCTS,
    43  HERBAL  CIGARETTES,  LIQUID  NICOTINE,  ELECTRONIC  CIGARETTES,  ROLLING
    44  PAPERS  OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE
    45  YEARS OF AGE IS PROHIBITED BY LAW." Such sign  shall  be  printed  on  a
    46  white card in red letters at least one-half inch in height.
    47    3.  Sale  of  tobacco  products,  herbal  cigarettes, liquid nicotine,
    48  shisha or electronic cigarettes in such places, other than by a  vending
    49  machine,  shall  be made only to an individual who demonstrates, through
    50  (a) a valid driver's license or non-driver's identification card  issued
    51  by  the  commissioner  of  motor  vehicles,  the federal government, any
    52  United States territory, commonwealth or  possession,  the  District  of
    53  Columbia,  a  state  government within the United States or a provincial
    54  government of the dominion of Canada, or (b) a valid passport issued  by
    55  the United States government or any other country, or (c) an identifica-
    56  tion  card  issued  by the armed forces of the United States, indicating

        A. 749                              3
 
     1  that the individual is at least [eighteen] twenty-one years of age. Such
     2  identification need not be required of  any  individual  who  reasonably
     3  appears  to  be  at  least  [twenty-five] thirty years of age, provided,
     4  however,  that  such  appearance  shall  not constitute a defense in any
     5  proceeding alleging the sale of a tobacco  product,  herbal  cigarettes,
     6  liquid  nicotine, shisha or electronic cigarettes to an individual under
     7  [eighteen] twenty-one years of age.
     8    7. No person operating a place of business wherein  tobacco  products,
     9  herbal  cigarettes, liquid nicotine, shisha or electronic cigarettes are
    10  sold or offered for sale shall sell, permit to be sold, offer  for  sale
    11  or display for sale any tobacco product, herbal cigarettes, liquid nico-
    12  tine,  shisha  or  electronic  cigarettes  in  any  manner,  unless such
    13  products and cigarettes are stored for sale (a) behind a counter  in  an
    14  area  accessible  only  to  the  personnel of such business, or (b) in a
    15  locked container; provided, however, such restriction shall not apply to
    16  tobacco businesses, as defined in subdivision eight of section  thirteen
    17  hundred ninety-nine-aa of this article, and to places to which admission
    18  is restricted to persons [eighteen] twenty-one years of age or older.
    19    8.  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    §  6.  Section 1399-dd of the public health law, as amended by chapter
    29  448 of the laws of 2012, is amended to read as follows:
    30    § 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
    31  ic cigarettes in vending machines. No person, firm, partnership, company
    32  or corporation shall operate a vending machine which  dispenses  tobacco
    33  products, herbal cigarettes or electronic cigarettes unless such machine
    34  is  located: (a) in a bar as defined in subdivision one of section thir-
    35  teen hundred ninety-nine-n of this chapter, or the bar area  of  a  food
    36  service establishment with a valid, on-premises full liquor license; (b)
    37  in  a  private club; (c) in a tobacco business as defined in subdivision
    38  eight of section thirteen hundred ninety-nine-aa of this article; or (d)
    39  in a place of employment which has an insignificant portion of its regu-
    40  lar workforce comprised of people under the age of [eighteen] twenty-one
    41  years and only in such locations that are not accessible to the  general
    42  public; provided, however, that in such locations the vending machine is
    43  located  in  plain  view and under the direct supervision and control of
    44  the person in charge of the location or his or her designated  agent  or
    45  employee.
    46    2.  Nothing  in this section shall be deemed to limit the authority of
    47  any county, city, town or village to adopt or amend  any  local  law  or
    48  ordinance  which  imposes  stricter  restrictions  and conditions on the
    49  minimum age requirement provided or authorized by this section, so  long
    50  as  such  local  law  or  ordinance  is consistent with the authority to
    51  protect the order,  conduct,  health,  safety  and  general  welfare  of
    52  persons or property. Nothing in this section shall be deemed to alter or
    53  invalidate any local law or ordinance in effect on the effective date of
    54  this subdivision.

        A. 749                              4
 
     1    §  7.  Subdivision  1  of section 1399-ff of the public health law, as
     2  amended by chapter 448 of the laws of 2012, is amended and a new  subdi-
     3  vision 4 is added to read as follows:
     4    1.  Where  a  civil  penalty  for  a  particular incident has not been
     5  imposed or an enforcement action regarding an alleged  violation  for  a
     6  particular  incident is not pending under section thirteen hundred nine-
     7  ty-nine-ee of this article, a parent or guardian  of  a  [minor]  person
     8  under  twenty-one  years  of  age to whom tobacco products, herbal ciga-
     9  rettes or electronic cigarettes are sold or distributed in violation  of
    10  this  article  may  submit a complaint to an enforcement officer setting
    11  forth the name and address of the alleged  violator,  the  date  of  the
    12  alleged  violation,  the  name  and  address  of the complainant and the
    13  [minor] person under twenty-one years of  age,  and  a  brief  statement
    14  describing  the  alleged violation. The enforcement officer shall notify
    15  the alleged violator by certified or  registered  mail,  return  receipt
    16  requested, that a complaint has been submitted, and shall set a date, at
    17  least  fifteen  days  after the mailing of such notice, for a hearing on
    18  the complaint. Such notice shall contain the  information  submitted  by
    19  the complainant.
    20    4.  Nothing  in this section shall be deemed to limit the authority of
    21  any county, city, town or village to adopt or amend  any  local  law  or
    22  ordinance  which  imposes  stricter  restrictions  and conditions on the
    23  minimum age requirement provided or authorized by this section, so  long
    24  as  such  local  law  or  ordinance  is consistent with the authority to
    25  protect the order,  conduct,  health,  safety  and  general  welfare  of
    26  persons or property. Nothing in this section shall be deemed to alter or
    27  invalidate any local law or ordinance in effect on the effective date of
    28  this subdivision.
    29    § 8. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
    30  public  health  law,  as  added  by chapter 518 of the laws of 2000, are
    31  amended to read as follows:
    32    (b) Any person operating a tobacco business wherein bidis is  sold  or
    33  offered  for  sale  is prohibited from selling such bidis to individuals
    34  under [eighteen] twenty-one years of age, and shall post in a  conspicu-
    35  ous  place  a  sign  upon  which  there shall be imprinted the following
    36  statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN]  TWENTY-ONE  YEARS
    37  OF  AGE  IS  PROHIBITED BY LAW."   Such sign shall be printed on a white
    38  card in red letters at least one-half inch in height.
    39    (c) Sales of bidis by a tobacco business shall  be  made  only  to  an
    40  individual  who demonstrates, through a driver's license or other photo-
    41  graphic identification card issued by a government entity or educational
    42  institution indicating that the individual is at least [eighteen]  twen-
    43  ty-one  years  of  age.  Such identification need not be required of any
    44  individual who reasonably appears to be at  least  [twenty-five]  thirty
    45  years  of age, provided, however, that such appearance shall not consti-
    46  tute a defense in any proceeding alleging the sale of a tobacco  product
    47  to an individual under [eighteen] twenty-one years of age.
    48    §  9.  Subdivision  1  and  paragraphs (b) and (c) of subdivision 2 of
    49  section 1399-mm of the public health law, as added by chapter 549 of the
    50  laws of 2003, are amended to read as follows:
    51    1. No person shall knowingly sell or provide gutka to any other person
    52  under [eighteen] twenty-one years of age.  No  other  provision  of  law
    53  authorizing  the sale of tobacco products, other than subdivision two of
    54  this section, shall authorize  the  sale  of  gutka.    Any  person  who
    55  violates  the provisions of this subdivision shall be subject to a civil
    56  penalty of not more than five hundred dollars.

        A. 749                              5
 
     1    (b) Any person operating a tobacco business wherein gutka is  sold  or
     2  offered  for  sale  is prohibited from selling such gutka to individuals
     3  under [eighteen] twenty-one years of age, and shall post in a  conspicu-
     4  ous  place  a  sign  upon  which  there shall be imprinted the following
     5  statement,  "SALE  OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
     6  OF AGE IS PROHIBITED BY LAW."  Such sign shall be  printed  on  a  white
     7  card in red letters at least one-half inch in height.
     8    (c)  Sales  of  gutka  by  a tobacco business shall be made only to an
     9  individual who demonstrates, through a driver's license or other  photo-
    10  graphic identification card issued by a government entity or educational
    11  institution  indicating that the individual is at least [eighteen] twen-
    12  ty-one years of age. Such identification need not  be  required  of  any
    13  individual  who  reasonably  appears to be at least [twenty-five] thirty
    14  years of age, provided, however, that such appearance shall not  consti-
    15  tute  a defense in any proceeding alleging the sale of a tobacco product
    16  to an individual under [eighteen] twenty-one years of age.
    17    § 10. Subdivision 3 of section 260.21 of the penal law,  as  added  by
    18  chapter 362 of the laws of 1992, is amended to read as follows:
    19    3. He or she sells or causes to be sold tobacco in any form to a child
    20  less  than  [eighteen]  twenty-one  years  old,  however nothing in this
    21  section shall be deemed to limit the authority of any county, city, town
    22  or village to adopt or amend any local law or  ordinance  which  imposes
    23  stricter  restrictions  and  conditions  on  the minimum age requirement
    24  provided or authorized by this subdivision, so long as such local law or
    25  ordinance is  consistent  with  the  authority  to  protect  the  order,
    26  conduct,  health,  safety  and  general  welfare of persons or property.
    27  Nothing in this section shall be deemed to alter or invalidate any local
    28  law or ordinance in effect on the effective date of the chapter  of  the
    29  laws of two thousand fifteen that amended this subdivision.
    30    §  11.  Section  17-714  of the administrative code of the city of New
    31  York, as amended by local law number 69 of the city of New York for  the
    32  year 2009, is amended to read as follows:
    33    §  17-714  Sale of herbal cigarettes to minors prohibited. It shall be
    34  unlawful for any person to sell or offer for sale herbal  cigarettes  to
    35  an individual under [eighteen] twenty-one years of age.
    36    §  12.  1. For the purposes of this section, the following terms shall
    37  have the following meanings:
    38    (a) "Electronic cigarette" shall have the same meaning as the term  is
    39  defined in section 1399-aa of the public health law.
    40    (b)  "Refillable  electronic cigarette" shall mean an electronic ciga-
    41  rette that is designed  to  allow  for  cartridges  to  be  removed  and
    42  replaced with new cartridges of liquid nicotine.
    43    (c)  "Non-refillable  electronic  cigarette"  shall mean an electronic
    44  cigarette that is designed to have a  finite  number  of  uses  and  not
    45  intended to be refilled with liquid nicotine cartridges.
    46    (d)  "Liquid  nicotine"  shall  mean a liquid composed of nicotine and
    47  other chemicals, which is sold as a product that may be used in an elec-
    48  tronic cigarette.
    49    2. Within sixty days of the effective date of this act, the department
    50  of health shall commence to examine and evaluate the  effects  of  elec-
    51  tronic cigarettes on the public health. Such study shall examine:
    52    (a)  the  possible  adverse  health effects of the vapor released from
    53  electronic cigarettes;
    54    (b) the effectiveness of electronic cigarettes as a smoking  cessation
    55  tool;

        A. 749                              6

     1    (c)  the  occurrence  of  nicotine  addiction when using an electronic
     2  cigarette as opposed to a cigarette or other tobacco products;
     3    (d)  the  chemical composition of liquid nicotine used to refill elec-
     4  tronic cigarettes and any threat to public health from such liquid nico-
     5  tine;
     6    (e) the possible adverse health effects from exposure to liquid  nico-
     7  tine that is sold to refill electronic cigarettes; and
     8    (f)  the different threats to public health from the use of refillable
     9  versus non-refillable electronic cigarette systems.
    10    3. Within one year of the effective date of this act, the commissioner
    11  of health shall report to the governor and the legislature  the  depart-
    12  ment  of  health's findings and make any recommendations he or she shall
    13  deem necessary.
    14    § 13. This act shall take effect immediately;  provided  however  that
    15  sections one through eleven of this act shall take effect on the nineti-
    16  eth day after it shall have become a law.
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