STATE OF NEW YORK
________________________________________________________________________
2001
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
___________
Introduced by Sens. HOYLMAN, KAMINSKY, MAYER, PARKER, SERRANO, STAVISKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health
AN ACT to amend public health law, in relation to the sale of flavored
electronic cigarettes at low or no cost
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1399-aa of the public health law is amended by
2 adding two new subdivisions 14 and 15 to read as follows:
3 14. "Flavored electronic cigarette" or "flavored e-cigarette" means an
4 electronic cigarette or e-cigarette, as defined in subdivision thirteen
5 of this section that contains a characterizing flavor in any of its
6 component parts.
7 15. "Characterizing flavor" shall mean a distinguishable taste or
8 aroma, including but not limited to: any fruit; chocolate; vanilla;
9 honey; candy; cocoa; dessert; alcoholic beverage; herb; or spice flavor-
10 ing, but shall not include: tobacco; clove; or menthol.
11 § 2. Section 1399-bb of the public health law, as amended by chapter
12 508 of the laws of 2000, the section heading and subdivisions 4 and 5 as
13 amended by chapter 4 of the laws of 2018, subdivision 2 as amended by
14 chapter 13 of the laws of 2003, is amended to read as follows:
15 § 1399-bb. Distribution of tobacco products, flavored electronic ciga-
16 rettes or herbal cigarettes without charge. 1. No person engaged in the
17 business of selling or otherwise distributing tobacco products or herbal
18 cigarettes for commercial purposes, or any agent or employee of such
19 person, shall knowingly, in furtherance of such business:
20 (a) distribute without charge any tobacco products or herbal ciga-
21 rettes to any individual, provided that the distribution of a package
22 containing tobacco products or herbal cigarettes in violation of this
23 subdivision shall constitute a single violation without regard to the
24 number of items in the package; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07657-01-9
S. 2001 2
1 (b) distribute coupons which are redeemable for tobacco products or
2 herbal cigarettes to any individual, provided that this subdivision
3 shall not apply to coupons contained in newspapers, magazines or other
4 types of publications, coupons obtained through the purchase of tobacco
5 products or herbal cigarettes or obtained at locations which sell tobac-
6 co products or herbal cigarettes provided that such distribution is
7 confined to a designated area or to coupons sent through the mail.
8 2. The prohibitions contained in subdivision one of this section shall
9 not apply to the following locations:
10 (a) private social functions when seating arrangements are under the
11 control of the sponsor of the function and not the owner, operator,
12 manager or person in charge of such indoor area;
13 (b) conventions and trade shows; provided that the distribution is
14 confined to designated areas generally accessible only to persons over
15 the age of eighteen;
16 (c) events sponsored by tobacco or herbal cigarette manufacturers
17 provided that the distribution is confined to designated areas generally
18 accessible only to persons over the age of eighteen;
19 (d) bars as defined in subdivision one of section thirteen hundred
20 ninety-nine-n of this chapter;
21 (e) tobacco businesses as defined in subdivision eight of section
22 thirteen hundred ninety-nine-aa of this article;
23 (f) factories as defined in subdivision nine of section thirteen
24 hundred ninety-nine-aa of this article and construction sites; provided
25 that the distribution is confined to designated areas generally accessi-
26 ble only to persons over the age of eighteen.
27 3. No person shall distribute tobacco products or herbal cigarettes at
28 the locations set forth in paragraphs (b), (c) and (f) of subdivision
29 two of this section unless such person gives five days written notice to
30 the enforcement officer.
31 4. No person engaged in the business of selling or otherwise distrib-
32 uting electronic cigarettes for commercial purposes, or any agent or
33 employee of such person, shall knowingly, in furtherance of such busi-
34 ness, distribute without charge any electronic cigarettes to any indi-
35 vidual under eighteen years of age.
36 5. The distribution of tobacco products or herbal cigarettes pursuant
37 to subdivision two of this section or the distribution without charge of
38 electronic cigarettes shall be made only to an individual who demon-
39 strates, through a driver's license or other photographic identification
40 card issued by a government entity or educational institution indicating
41 that the individual is at least eighteen years of age. Such identifica-
42 tion need not be required of any individual who reasonably appears to be
43 at least twenty-five years of age; provided, however, that such appear-
44 ance shall not constitute a defense in any proceeding alleging the sale
45 of a tobacco product, electronic cigarette or herbal cigarette or the
46 distribution without charge of electronic cigarettes to an individual.
47 6. No person, either directly or indirectly by an agent or employee of
48 such person, or by a vending machine owned by or located in an estab-
49 lishment owned by such person, shall sell, offer for sale, distribute
50 for commercial purposes at no cost or minimal cost or with coupons or
51 rebate offers, give or furnish, to a person in this state any flavored
52 electronic cigarette as defined in section thirteen hundred ninety-nine-
53 aa of this article.
54 7. Any person other than a manufacturer who violates the provisions of
55 subdivision six of this section shall be subject to penalties pursuant
56 to section thirteen hundred ninety-nine-ee of this article.
S. 2001 3
1 8. Violations of subdivision six of this section shall be enforced
2 pursuant to section thirteen hundred ninety-nine-ff of this article,
3 except that any person may submit a complaint to an enforcement officer
4 reporting that a violation of this section has occurred.
5 § 3. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law.
