senate Bill S2926

Amended

Prohibits the sale of electronic cigarettes to persons under 18 years of age

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Feb / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 02 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 02 / Mar / 2012
    • PRINT NUMBER 2926A
  • 10 / May / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 10 / May / 2012
    • PRINT NUMBER 2926B
  • 21 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1454
  • 21 / Jun / 2012
    • SUBSTITUTED BY A9044B

Summary

Prohibits the sale of electronic cigarettes to persons under 18 years of age.

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Bill Details

Versions:
S2926
S2926A
S2926B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-aa & 1399-cc, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S6621

Sponsor Memo

BILL NUMBER:S2926

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting electronic
cigarette sales to minors

PURPOSE:
To prohibit the sale of electronic cigarettes to minors.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds to new subdivisions, 12 and 13, to section
1399-aa of the public health law to define the terms "electronic
cigarette" and "electronic cigarette cartridge."

Section 2 amends the subject heading and subdivisions 2,3,4 and 7 of

§1399-cc of the public health law to prohibit the sale of electronic
cigarettes to minors.

Section 3 provides the effective date.

EXISTING LAW:
Currently, there is no prohibition on the sale of electronic
cigarettes to minors.

JUSTIFICATION:
The electronic cigarette (e-cigarette) is a battery operated device
that emits a nicotine vapor with the help of a computer chip. In
addition to nicotine delivery, this vapor also provides a flavor and
physical sensation similar to that of inhaled tobacco smoke while no
combustion is actually involved in its operation. In addition to
tobacco and coffee, flavors such as apple, strawberry, banana and
bubble gum have been reported and remind us that these products are
being marketed toward young people.

In a recent newsletter sent by the Western Suffolk BOCES and the
Tobacco Free Schools program, it was reported that students are
bringing e-cigarettes on campus to "smoke" during the school day on
school property. The newsletter reveals that e-cigarettes are
available for purchase on-line and in certain kiosks and that age
verification is not being required by the on-line sellers of the
e-cigarette. Alarmingly, preliminary studies report that e-cigarettes
contain traces of toxic substances and carcinogens according to the
Food and Drug Administration. With limited research available, claims
that e-cigarettes are safer than normal cigarettes are unfounded and
there is little evidence that they are an effective tobacco cessation
tool.

E-cigarettes should not be sold to minors and this bill would prohibit
such sales and would protect our children from the dangers of smoking.

LEGISLATIVE HISTORY:
2010: S.6621 - Referred to Health

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2926

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sens. JOHNSON, BONACIC, DeFRANCISCO, RANZENHOFER, SEWARD
  -- 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 prohibiting  elec-
  tronic cigarette sales to minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-aa of the public  health  law  is  amended  by
adding two new subdivisions 12 and 13 to read as follows:
  12. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS ANY BATTERY OPERATED
DEVICE  DESIGNED  TO EMIT A NICOTINE VAPOR UPON INHALATION WITHOUT BEING
LIT. E-CIGARETTES ARE COMPOSED OF A BATTERY, A HEATING ELEMENT OR  ATOM-
IZER, AND A CARTRIDGE.
  13.  "ELECTRONIC CIGARETTE CARTRIDGE" OR "E-CIGARETTE CARTRIDGE" MEANS
A COMPONENT OF AN E-CIGARETTE THAT CONTAINS LIQUID NICOTINE.
  S 2. The section heading and subdivisions 2, 3, 4  and  7  of  section
1399-cc  of  the public health law, the section heading and subdivisions
2, 3 and 4 as amended by chapter 508 of the laws of 2000, subdivision  3
as  separately  amended by chapter 162 of the laws of 2002, and subdivi-
sion 7 as amended by chapter 13 of the laws of 2003, are amended to read
as follows:
  Sale of tobacco products, herbal  cigarettes,  ELECTRONIC  CIGARETTES,
rolling papers or pipes to minors prohibited.
  2.  Any person operating a place of business wherein tobacco products,
ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered for  sale
is  prohibited from selling such products, herbal cigarettes, ELECTRONIC
CIGARETTES, rolling papers or pipes to individuals under eighteen  years
of  age,  and  shall post in a conspicuous place a sign upon which there
shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
CHEWING TOBACCO, POWDERED TOBACCO, OR  OTHER  TOBACCO  PRODUCTS,  HERBAL
CIGARETTES,  ELECTRONIC  CIGARETTES, ROLLING PAPERS OR PIPES, TO PERSONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07226-01-1

S. 2926                             2

UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW."  Such sign  shall  be
printed on a white card in red letters at least one-half inch in height.
  3.  Sale  of  tobacco  products, ELECTRONIC CIGARETTES or herbal ciga-
rettes in such places, other than by a vending machine,  shall  be  made
only  to  an  individual  who demonstrates, through (a) a valid driver's
license or non-driver's identification card issued by  the  commissioner
of  motor vehicles, the federal government, any United States territory,
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the  dominion  of
Canada,  or  (b) a valid passport issued by the United States government
or any other country, or (c) an identification card issued by the  armed
forces  of the United States, indicating that the individual is at least
eighteen years of age. Such identification need not be required  of  any
individual  who  reasonably  appears to be at least twenty-five years of
age, provided, however, that such  appearance  shall  not  constitute  a
defense  in  any  proceeding  alleging  the sale of a tobacco product or
herbal cigarettes to an individual under eighteen years of age.
  4. (a) Any person  operating  a  place  of  business  wherein  tobacco
products, ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered
for  sale  may  perform  a  transaction  scan as a precondition for such
purchases.
  (b) In any instance where the information  deciphered  by  the  trans-
action  scan  fails  to  match  the  information printed on the driver's
license or non-driver identification card, or if  the  transaction  scan
indicates  that  the  information  is false or fraudulent, the attempted
transaction shall be denied.
  (c) In any proceeding pursuant  to  section  thirteen  hundred-ninety-
nine-ee  of  this  article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed  that
transaction scan, and that the tobacco product, ELECTRONIC CIGARETTES or
herbal  cigarettes  had  been sold, delivered or given to such person in
reasonable reliance upon such identification and  transaction  scan.  In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, ELECTRONIC CIGARETTES or herbal ciga-
rettes are sold, or the agent or employee of such person, from the exer-
cise  of  reasonable  diligence  otherwise  required  by  this  chapter.
Notwithstanding the above provisions, any such affirmative defense shall
not  be  applicable in any civil or criminal proceeding, or in any other
forum.
  7. No person operating a place of business wherein  tobacco  products,
ELECTRONIC  CIGARETTES or herbal cigarettes are sold or offered for sale
shall sell, permit to be sold, offer for sale or display  for  sale  any
tobacco  product,  ELECTRONIC  CIGARETTES  or  herbal  cigarettes in any
manner, unless such products and cigarettes  are  stored  for  sale  (a)
behind  a  counter  in  an area accessible only to the personnel of such
business,  or  (b)  in  a  locked  container;  provided,  however,  such
restriction  shall not apply to tobacco businesses, as defined in subdi-
vision eight of section thirteen hundred ninety-nine-aa of this article,
and to places to which admission is restricted to persons eighteen years
of age or older.
  S 3. This act shall take effect immediately.

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