Amd SS1399-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.
STATE OF NEW YORK
________________________________________________________________________
1496
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
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.
LBD02752-02-5
A. 1496 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. 1496 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. 1496 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. 1496 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. 1496 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.
