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A05700 Summary:

BILL NOA05700
 
SAME ASSAME AS S03904
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd §1399-cc, Pub Health L
 
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.
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A05700 Memo:

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.
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A05700 Text:



 
                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
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