S03905 Summary:

BILL NOS03905
 
SAME ASSAME AS A00713
 
SPONSORRIVERA
 
COSPNSR
 
MLTSPNSR
 
Amd 1399-aa, 1399-gg & 1399-ll, Pub Health L
 
Includes electronic cigarettes in the regulation of tobacco products; relates to the distribution and transportation of such products.
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S03905 Actions:

BILL NOS03905
 
02/21/2019REFERRED TO HEALTH
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S03905 Committee Votes:

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S03905 Floor Votes:

There are no votes for this bill in this legislative session.
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S03905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3905
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2019
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law, in relation  to  including  elec-
          tronic cigarettes in the regulation of tobacco products
 
          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 law,
     2  as amended by chapter 542 of the laws of 2014, is  amended  to  read  as
     3  follows:
     4    13. "Electronic cigarette" or "e-cigarette" means an electronic device
     5  that  delivers  vapor  which is inhaled by an individual user, and shall
     6  include any refill, cartridge and any other component of such a  device.
     7  For the purposes of this article, electronic cigarettes and e-cigarettes
     8  shall be deemed to be cigarettes.
     9    §  2.  Subdivision  2  of section 1399-gg of the public health law, as
    10  added by chapter 513 of the laws of 2004, is amended to read as follows:
    11    2. No person engaged in the  business  of  manufacturing,  selling  or
    12  otherwise  distributing  tobacco  products, herbal cigarettes, cigarette
    13  wrapping papers, wrapping leaves or tubes, or any agent or  employee  of
    14  such  person,  shall manufacture or cause to be manufactured for sale in
    15  this state, or sell or distribute in this  state:  (a)  any  package  or
    16  other  container  of  cigarettes containing fewer than twenty cigarettes
    17  (other than electronic cigarettes); (b)  any  package  of  roll-your-own
    18  tobacco  containing  less than six-tenths of an ounce of tobacco; or (c)
    19  any package or other container of cigarette  wrapping  papers,  wrapping
    20  leaves or tubes, that are or are held out to be suitable for use or used
    21  as  devices  to  wrap  tobacco for smoking, containing fewer than twenty
    22  sheets, leaves or tubes.
    23    § 3. Subdivision 2 of section 1399-ll of the  public  health  law,  as
    24  added by chapter 262 of the laws of 2000, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01661-01-9

        S. 3905                             2
 
     1    2. It shall be unlawful for any common or contract carrier to knowing-
     2  ly  transport cigarettes to any person in this state reasonably believed
     3  by such carrier to be other than a person described  in  paragraph  (a),
     4  (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
     5  preceding  sentence,  if  cigarettes  are transported to a home or resi-
     6  dence, it shall be presumed that the common  or  contract  carrier  knew
     7  that such person was not a person described in paragraph (a), (b) or (c)
     8  of  subdivision  one of this section. It shall be unlawful for any other
     9  person to knowingly transport cigarettes to any person  in  this  state,
    10  other  than to a person described in paragraph (a), (b) or (c) of subdi-
    11  vision one of  this  section.  Nothing  in  this  subdivision  shall  be
    12  construed  to  prohibit a person other than a common or contract carrier
    13  from transporting not more than eight hundred cigarettes or  twenty-four
    14  electronic cigarettes at any one time to any person in this state.
    15    § 4. This act shall take effect immediately.
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