Requires electronic cigarettes and e-liquid products to be sold in separate specific locations where only persons of at least twenty-one years of age are allowed to enter.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5700
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the public health law, in relation to requiring elec-
tronic cigarettes and e-liquid products to be sold in separate specific
locations where only persons of at least twenty-one years of age are
allowed to enter
PURPOSE:
This legislation would require that liquid nicotine and electronic ciga-
rettes only be sold, displayed, or offered in speciality stores where
admission is restricted to 21 years of age or older
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section to the public health law to prohibit a
person operating a place of business where liquid nicotine or electronic
cigarettes are sold or offered for sale to sell, permit to be sold,
offer for sale or display for sale any liquid nicotine or electronic
cigarettes unless the admission to said place of business is restricted
to individuals twenty-one years of age or older.
Section two establishes the effective date.
JUSTIFICATION:
According to the Center for Disease Control, if cigarette smoking
continues at the current rate among youth in this country, 5.6 million
of today's Americans younger than' 18 will die early from a smoking-re-
lated illness. That's about 1 of every 13 Americans aged 17 years or
younger who are alive today This legislation will prohibit a place of
business from selling, displaying, or offering liquid nicotine or elec-
tronic cigarettes unless admission to the place of business is
restricted to individuals twenty-one years of age or older. By requiring
electronic cigarettes and liquid nicotine to be sold in specialty
stores, where an individual must be 21 years of age enter, minors will
have significantly less access to these products.
LEGISLATIVE HISTORY:
New Bill in Assembly
2020: S.8162 Referred to Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5700
2021-2022 Regular Sessions
IN ASSEMBLY
February 24, 2021
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring elec-
tronic cigarettes and e-liquid products to be sold in separate specif-
ic locations where only persons of at least twenty-one years of age
are allowed to enter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 1399-cc of the public health law,
2 as amended by chapter 100 of the laws of 2019, is amended and a new
3 subdivision 8 is added to read as follows:
4 7. No person operating a place of business wherein tobacco products,
5 herbal cigarettes, [liquid nicotine,] or shisha [or electronic ciga-
6 rettes] are sold or offered for sale shall sell, permit to be sold,
7 offer for sale or display for sale any tobacco product, herbal ciga-
8 rettes, [liquid nicotine,] or shisha [or electronic cigarettes in any
9 manner], unless such products and cigarettes are stored for sale (a)
10 behind a counter in an area accessible only to the personnel of such
11 business, or (b) in a locked container; provided, however, such
12 restriction shall not apply to tobacco businesses, as defined in subdi-
13 vision eight of section thirteen hundred ninety-nine-aa of this article,
14 and to places to which admission is restricted to persons twenty-one
15 years of age or older.
16 8. No person operating a place of business wherein liquid nicotine or
17 electronic cigarettes are sold or offered for sale shall sell, permit to
18 be sold, offer for sale or display for sale any liquid nicotine or elec-
19 tronic cigarettes unless such place of business is a place to which
20 admission is restricted to persons twenty-one years of age or older.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08003-01-1
