A09299 Summary:

BILL NOA09299D
 
SAME ASSAME AS S07027-C
 
SPONSORRosenthal
 
COSPNSRWeprin, Gottfried
 
MLTSPNSR
 
Amd SS1399-aa & 1399-cc, Pub Health L; amd S17-706, NYC Ad Cd; add S399-gg, Gen Bus L
 
Prohibits the sale of liquid nicotine to minors under the age of eighteen across the state and under the age of twenty-one in the city of New York; requires containers of electronic liquid to be child resistant.
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A09299 Actions:

BILL NOA09299D
 
04/08/2014referred to health
05/05/2014amend (t) and recommit to health
05/05/2014print number 9299a
05/13/2014reported referred to codes
05/28/2014reported
05/30/2014advanced to third reading cal.853
06/02/2014amended on third reading 9299b
06/12/2014amended on third reading 9299c
06/16/2014amended on third reading (t) 9299d
06/19/2014passed assembly
06/19/2014delivered to senate
06/19/2014REFERRED TO RULES
06/20/2014SUBSTITUTED FOR S7027C
06/20/20143RD READING CAL.565
06/20/2014PASSED SENATE
06/20/2014RETURNED TO ASSEMBLY
12/17/2014delivered to governor
12/29/2014signed chap.542
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A09299 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9299D
 
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the public health law and the adminis- trative code of the city of New York, in relation to prohibiting the sale of liquid nicotine to minors; and to amend the general business law, in relation to the packaging of electronic liquid   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of liquid nicotine to minors.   SUMMARY OF SPECIFIC PROVISIONS: Sections one and two amend subdivision 13 of section 1399-aa, as amended by chapter 448 of the laws of 2012, and subdivisions 2, 3, 4 and 7 of section 1399-cc, as amended by chapter 448 of the laws of 2012. Section three amends Section 17-706 of the administrative code of the city of New York, as amended by local law number 94 of the city of New York. Section four adds a new section 399-gg to general business law. Section five sets forth the effective date.   JUSTIFICATION: This bill would ban the sale of liquid nicotine to minors. Electronic cigarettes, also known as e-cigarettes, are electronic devices that deliver nicotine, flavor and other vaporized chemicals to the user. They are currently marketed as a smoking cessation device or as a healthier alternative to smoking traditional tobacco products. Despite their wide- spread use, little is known about the risks associated with smoking electronic cigarettes. This legislation is needed to protect children from the dangers of smok- ing, particularly given that they are unregulated and have not been proven to be safe for use at any age.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: none.   EFFECTIVE DATE: This act shall take effect immediately.
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A09299 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9299--D
                                                                Cal. No. 853
 
                   IN ASSEMBLY
 
                                      April 8, 2014
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, WEPRIN, GOTTFRIED -- read once and
          referred to the Committee on  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee  on  Codes  --  reported

          from  committee,  advanced  to  a  third  reading, amended and ordered
          reprinted, retaining its place on the order of third reading --  again
          amended  on  third  reading, ordered reprinted, retaining its place on
          the order of third reading -- again amended on third reading,  ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the public health law and the administrative code of the
          city  of New York, in relation to prohibiting the sale of liquid nico-
          tine to minors; and to amend the general business law, in relation  to
          the packaging of electronic liquid
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 13 of section 1399-aa  of  the  public  health
     2  law,  as added by chapter 448 of the laws of 2012, is amended to read as

     3  follows:
     4    13. "Electronic cigarette" or "e-cigarette" means [a  battery-operated
     5  device  that  contains cartridges filled with a combination of nicotine,
     6  flavor and chemicals that are turned into vapor which is inhaled by  the
     7  user]  an  electronic  device that delivers vapor which is inhaled by an
     8  individual user, and shall include any refill, cartridge and  any  other
     9  component of such a device.
    10    §  2.  Section 1399-cc of the public health law, as amended by chapter
    11  131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by  chap-
    12  ter 448 of the laws of 2012, is amended to read as follows:
    13    §  1399-cc.  Sale of tobacco products, herbal cigarettes, liquid nico-
    14  tine, shisha, rolling papers or smoking paraphernalia to minors  prohib-

    15  ited. 1. As used in this section:
    16    (a)  "A  device  capable  of  deciphering  any electronically readable
    17  format" or "device" shall mean any commercial device or  combination  of
    18  devices  used at a point of sale or entry that is capable of reading the
    19  information encoded on the bar code or  magnetic  strip  of  a  driver's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14563-13-4

        A. 9299--D                          2
 
     1  license  or  non-driver  identification card issued by the state commis-
     2  sioner of motor vehicles;
     3    (b)  "Card  holder"  means any person presenting a driver's license or
     4  non-driver identification card to a licensee, or to the agent or employ-

     5  ee of such licensee under this chapter;
     6    (c) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
     7  ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
     8  designed for the inhalation of tobacco; [and]
     9    (d) "Transaction scan" means the process involving  an  automated  bar
    10  code  reader  by  which  a  licensee, or agent or employee of a licensee
    11  under this chapter reviews a driver's license or non-driver  identifica-
    12  tion  card  presented  as  a  precondition for the purchase of a tobacco
    13  product or herbal cigarettes  pursuant  to  subdivision  three  of  this
    14  section; and
    15    (e)  "Liquid  nicotine",  "electronic  liquid"  or  "e-liquid" means a
    16  liquid composed of nicotine and other chemicals, and which is sold as  a
    17  product that may be used in an electronic cigarette.

    18    2.  Any person operating a place of business wherein tobacco products,
    19  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
    20  sold or offered for sale  is  prohibited  from  selling  such  products,
    21  herbal  cigarettes,  liquid  nicotine,  shisha, electronic cigarettes or
    22  smoking paraphernalia to individuals under eighteen years  of  age,  and
    23  shall  post  in  a  conspicuous  place  a sign upon which there shall be
    24  imprinted the following statement, "SALE OF CIGARETTES, CIGARS,  CHEWING
    25  TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR  OTHER TOBACCO PRODUCTS, HERBAL
    26  CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,  ROLLING  PAPERS  OR
    27  SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
    28  ITED  BY LAW." Such sign shall be printed on a white card in red letters
    29  at least one-half inch in height.

    30    3. Sale of  tobacco  products,  herbal  cigarettes,  liquid  nicotine,
    31  shisha  or electronic cigarettes in such places, other than by a vending
    32  machine, shall be made only to an individual who  demonstrates,  through
    33  (a)  a valid driver's license or non-driver's identification card issued
    34  by the commissioner of  motor  vehicles,  the  federal  government,  any
    35  United  States  territory,  commonwealth  or possession, the District of
    36  Columbia, a state government within the United States  or  a  provincial
    37  government  of the dominion of Canada, or (b) a valid passport issued by
    38  the United States government or any other country, or (c) an identifica-
    39  tion card issued by the armed forces of the  United  States,  indicating
    40  that  the individual is at least eighteen years of age. Such identifica-
    41  tion need not be required of any individual who reasonably appears to be

    42  at least twenty-five years of age, provided, however, that such  appear-
    43  ance  shall not constitute a defense in any proceeding alleging the sale
    44  of a tobacco product, herbal  cigarettes,  liquid  nicotine,  shisha  or
    45  electronic cigarettes to an individual under eighteen years of age.
    46    4.  (a)  Any  person  operating  a  place  of business wherein tobacco
    47  products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
    48  rettes are sold or offered for sale may perform a transaction scan as  a
    49  precondition for such purchases.
    50    (b)  In  any  instance  where the information deciphered by the trans-
    51  action scan fails to match  the  information  printed  on  the  driver's
    52  license  or  non-driver  identification card, or if the transaction scan
    53  indicates that the information is false  or  fraudulent,  the  attempted
    54  transaction shall be denied.

    55    (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
    56  nine-ee of this article, it shall be an affirmative  defense  that  such

        A. 9299--D                          3
 
     1  person had produced a driver's license or non-driver identification card
     2  apparently  issued by a governmental entity, successfully completed that
     3  transaction scan, and that the tobacco product [or],  herbal  cigarettes
     4  or  liquid  nicotine had been sold, delivered or given to such person in
     5  reasonable reliance upon such identification and  transaction  scan.  In
     6  evaluating the applicability of such affirmative defense the commission-
     7  er  shall  take into consideration any written policy adopted and imple-
     8  mented by the seller to effectuate the provisions of this  chapter.  Use

     9  of  a  transaction scan shall not excuse any person operating a place of
    10  business wherein tobacco products, herbal cigarettes,  liquid  nicotine,
    11  shisha  or  electronic  cigarettes are sold, or the agent or employee of
    12  such  person,  from  the  exercise  of  reasonable  diligence  otherwise
    13  required by this chapter. Notwithstanding the above provisions, any such
    14  affirmative  defense  shall  not  be applicable in any civil or criminal
    15  proceeding, or in any other forum.
    16    5. A licensee or agent or employee of such licensee shall only  use  a
    17  device  capable  of  deciphering any electronically readable format, and
    18  shall only use the information recorded and maintained through  the  use
    19  of  such devices, for the purposes contained in subdivision four of this
    20  section. No licensee or agent or employee of a licensee shall resell  or

    21  disseminate  the  information  recorded  during such a scan to any third
    22  person. Such prohibited resale or  dissemination  includes  but  is  not
    23  limited   to  any  advertising,  marketing  or  promotional  activities.
    24  Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
    25  records may be released pursuant to a court ordered subpoena or pursuant
    26  to  any  other  statute that specifically authorizes the release of such
    27  information. Each violation of this subdivision shall be punishable by a
    28  civil penalty of not more than one thousand dollars.
    29    6. A licensee or agent or employee of such a  licensee  may  electron-
    30  ically  or  mechanically record and maintain only the information from a
    31  transaction scan necessary to effectuate this section. Such  information
    32  shall  be  limited  to  the  following: (a) name, (b) date of birth, (c)

    33  driver's license or non-driver identification number, and (d) expiration
    34  date. The commissioner and state commissioner of  motor  vehicles  shall
    35  jointly promulgate any regulations necessary to govern the recording and
    36  maintenance  of  these  records  by  a  licensee under this chapter. The
    37  commissioner and the state liquor authority shall jointly promulgate any
    38  regulation necessary to ensure quality control in the use of the  trans-
    39  action scan devices under this chapter and article five of the alcoholic
    40  beverage control law.
    41    7.  No  person operating a place of business wherein tobacco products,
    42  herbal cigarettes, liquid nicotine, shisha or electronic cigarettes  are
    43  sold  or  offered for sale shall sell, permit to be sold, offer for sale
    44  or display for sale any tobacco product, herbal cigarettes, liquid nico-

    45  tine, shisha  or  electronic  cigarettes  in  any  manner,  unless  such
    46  products  and  cigarettes are stored for sale (a) behind a counter in an
    47  area accessible only to the personnel of such  business,  or  (b)  in  a
    48  locked container; provided, however, such restriction shall not apply to
    49  tobacco  businesses, as defined in subdivision eight of section thirteen
    50  hundred ninety-nine-aa of this article, and to places to which admission
    51  is restricted to persons eighteen years of age or older.
    52    § 3. Section 17-706 of the administrative code  of  the  city  of  New
    53  York,  as amended by local law number 94 of the city of New York for the
    54  year 2013, is amended to read as follows:
    55    § 17-706 Sale of cigarettes, tobacco  products,  liquid  nicotine,  or
    56  electronic cigarettes to minors and young adults prohibited.


        A. 9299--D                          4
 
     1    a. Any person operating a place of business wherein cigarettes, tobac-
     2  co  products,  liquid  nicotine,  or  electronic  cigarettes are sold or
     3  offered for sale is prohibited from  selling  such  cigarettes,  tobacco
     4  products, liquid nicotine, or electronic cigarettes to individuals under
     5  twenty-one  years  of  age. Sale of cigarettes, tobacco products, liquid
     6  nicotine, or electronic cigarettes in such places shall be made only  to
     7  an  individual  who  demonstrates,  through  a driver's license or other
     8  photographic identification card issued by a government entity or educa-
     9  tional institution, that the individual is at least twenty-one years  of
    10  age.  Such  identification  need  not  be required of any individual who
    11  reasonably appears to be at least thirty years of age, provided,  howev-

    12  er,  that such appearance shall not constitute a defense in any proceed-
    13  ing alleging the sale of cigarettes, tobacco products,  liquid  nicotine
    14  or electronic cigarettes to an individual under twenty-one years of age.
    15    b.  Any  person  operating  a  place  of  business wherein non-tobacco
    16  shisha, pipes, or rolling papers are sold or offered for sale is prohib-
    17  ited from selling such non-tobacco shisha, pipes, or rolling  papers  to
    18  individuals  under  eighteen  years  of age. Sale of non-tobacco shisha,
    19  pipes, or rolling papers in such places shall be made only to  an  indi-
    20  vidual who demonstrates, through a driver's license or other photograph-
    21  ic  identification  card  issued  by  a government entity or educational
    22  institution, that the individual is at least eighteen years of age. Such
    23  identification need not be required of  any  individual  who  reasonably

    24  appears to be at least twenty-five years of age, provided, however, that
    25  such  appearance shall not constitute a defense in any proceeding alleg-
    26  ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
    27  vidual under eighteen years of age.
    28    c. Any person operating a place of business wherein cigarettes, tobac-
    29  co products, liquid nicotine, electronic cigarettes, herbal  cigarettes,
    30  non-tobacco  shisha,  pipes,  or  rolling papers are sold or offered for
    31  sale shall post in a conspicuous place a sign, in  accordance  with  the
    32  rules of the department, advising persons about the minimum age require-
    33  ments for the purchase of such items.
    34    §  4. The general business law is amended by adding a new section 399-
    35  gg to read as follows:
    36    § 399-gg. Packaging of electronic liquid.    1.  No  person,  firm  or

    37  corporation  shall  sell  or  offer  for  sale any electronic liquid, as
    38  defined in paragraph (e) of subdivision one of section thirteen  hundred
    39  ninety-nine-cc of the public health law, unless the electronic liquid is
    40  sold  or  offered for sale in a child resistant bottle which is designed
    41  to prevent accidental exposure of children to electronic liquids.
    42    2. Any violation of this section shall be punishable by a civil penal-
    43  ty not to exceed one thousand dollars.
    44    § 5. This act shall take effect immediately.
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