senate Bill S2926B

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

See Assembly Version of this Bill:
A9044B
Versions:
S2926
S2926A
S2926B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd Art 13-F Art Head, ยงยง1399-aa, 1399-cc, 1399-dd, & 1399-ff, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S6621

Sponsor Memo

BILL NUMBER:S2926B

TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes to minors

PURPOSE:
This bill bans the sale and distribution of electronic cigarettes to
persons under 18 years of age.

SUMMARY OF PROVISIONS:
The bill amends Section 1399-aa of the Public Health Law by adding a
new subdivision 13 to define "electronic cigarettes." The bill also
amends section 1399-cc of the Public Health Law to prohibit the sale
of electronic cigarettes to minors in the same way that the existing
law regulates tobacco products, herbal cigarettes and shisha, and
makes conforming changes to other sections of the Public Health Law.

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

JUSTIFICATION:
Electronic cigarettes are battery-operated devices that vaporize
cartridges filled with nicotine, flavor and other chemicals that the
user inhales. Electronic cigarettes are currently marketed as a
smoking cessation device or a healthier alternative to smoking
traditional tobacco products.

Despite their widespread use, little is known about the risks
associated with smoking electronic cigarettes. Recent testing by the
United States Food and Drug Administration (FDA) has found that
electronic cigarettes can be dangerous because users inhale
carcinogens and tonic chemicals, such as diethylene glycol, an
ingredient found in antifreeze. While the FDA will regulate electronic
cigarettes in the future, the product is not currently regulated by
any agency.

Electronic cigarettes are readily available over the Internet and in
shopping malls. They are produced in different flavors to increase
their appeal. Unlike traditional tobacco products, electronic
cigarettes lack any health warnings comparable to FDA approved
nicotine replacement products or conventional tobacco products. In
addition, these devices are often made overseas in countries with less
stringent standards for product quality than exist in the United
States.

This legislation is needed to protect children and young adults from
the dangers of smoking electronic cigarettes, particularly given that
they have are unregulated and have not been proven to be safe for use
at any age.

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

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall become a law.

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

                                 2926--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sens.  JOHNSON, BONACIC, DeFRANCISCO, FUSCHILLO, LARKIN,
  RANZENHOFER, SEWARD -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Health --  recommitted  to  the
  Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale of electronic cigarettes to minors

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

  Section 1. The article heading of article 13-F of  the  public  health
law,  as  amended by chapter 508 of the laws of 2000, is amended to read
as follows:
                               ARTICLE 13-F
              REGULATION OF TOBACCO PRODUCTS [AND], HERBAL
      CIGARETTES AND SMOKING PARAPHERNALIA; DISTRIBUTION TO MINORS
  S 2. Section 1399-aa of the public health law is amended by  adding  a
new subdivision 13 to read as follows:
  13.  "ELECTRONIC  CIGARETTE" OR "E-CIGARETTE" MEANS A BATTERY-OPERATED
DEVICE THAT CONTAINS CARTRIDGES FILLED WITH A COMBINATION  OF  NICOTINE,
FLAVOR  AND CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE
USER.
  S 3.  Subdivisions 2, 3, 4 and 7 of  section  1399-cc  of  the  public
health  law,  as amended by chapter 131 of the laws of 2011, are amended
to read as follows:
  2. Any person operating a place of business wherein tobacco  products,
herbal  cigarettes  [or],  shisha  OR ELECTRONIC CIGARETTES, are sold or
offered for sale is prohibited from selling such products, herbal  ciga-
rettes,  shisha, ELECTRONIC CIGARETTES or smoking paraphernalia to indi-
viduals under eighteen years of age, and shall  post  in  a  conspicuous

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07226-04-2

S. 2926--B                          2

place  a  sign  upon which there shall be imprinted the following state-
ment, "SALE OF CIGARETTES, CIGARS, CHEWING  TOBACCO,  POWDERED  TOBACCO,
SHISHA  OR  OTHER  TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGA-
RETTES,  ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGH-
TEEN 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, herbal cigarettes [or], shisha  OR  ELEC-
TRONIC CIGARETTES 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 tobac-
co product, herbal cigarettes [or], shisha OR ELECTRONIC  CIGARETTES  to
an individual under eighteen years of age.
  4.  (a)  Any  person  operating  a  place  of business wherein tobacco
products, herbal cigarettes [or], shisha OR  ELECTRONIC  CIGARETTES  are
sold  or  offered for sale may perform a transaction scan as a precondi-
tion 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] HUNDRED NINETY-NINE-EE of this article, it shall be an affirma-
tive  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 prod-
uct  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
commissioner shall take into consideration any  written  policy  adopted
and implemented by the seller to effectuate the provisions of this chap-
ter.  Use  of a transaction scan shall not excuse any person operating a
place of business wherein  tobacco  products,  herbal  cigarettes  [or],
shisha  OR  ELECTRONIC  CIGARETTES are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required  by  this  chapter.   Notwithstanding the above provisions, any
such affirmative defense shall not be applicable in any civil or  crimi-
nal proceeding, or in any other forum.
  7.  No  person operating a place of business wherein tobacco products,
herbal cigarettes [or], shisha OR  ELECTRONIC  CIGARETTES  are  sold  or
offered  for  sale  shall  sell,  permit  to  be sold, offer for sale or
display for sale any tobacco product, herbal cigarettes [or], shisha  OR
ELECTRONIC 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

S. 2926--B                          3

defined in subdivision 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  4.  Section 1399-dd of the public health law, as amended by chapter
13 of the laws of 2003, is amended to read as follows:
  S 1399-dd. Sale of tobacco products [or], herbal cigarettes  OR  ELEC-
TRONIC  CIGARETTES  in  vending  machines. No person, firm, partnership,
company or corporation shall operate a vending machine  which  dispenses
tobacco products [or], herbal cigarettes OR ELECTRONIC CIGARETTES unless
such  machine  is located: (a) in a bar as defined in subdivision one of
section thirteen hundred ninety-nine-n of this chapter, or the bar  area
of  a  food  service establishment with a valid, on-premises full liquor
license; (b) in a private club; (c) in a tobacco business as defined  in
subdivision  eight  of  section  thirteen hundred ninety-nine-aa of this
article; or (d) in a place of  employment  which  has  an  insignificant
portion  of  its  regular workforce comprised of people under the age of
eighteen years and only in such locations that are not accessible to the
general public; provided, however, that in such  locations  the  vending
machine  is  located  in plain view and under the direct supervision and
control of the person in charge of the location or his or her designated
agent or employee.
  S 5. Subdivision 1 of section 1399-ff of the  public  health  law,  as
amended  by  chapter  508  of  the  laws  of 2000, is amended to read as
follows:
  1. Where a civil penalty  for  a  particular  incident  has  not  been
imposed  or  an  enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred  nine-
ty-nine-ee  of  this  article,  a  parent or guardian of a minor to whom
tobacco products [or], herbal cigarettes OR  ELECTRONIC  CIGARETTES  are
sold  or distributed in violation of this article may submit a complaint
to an enforcement officer setting forth the  name  and  address  of  the
alleged  violator,  the  date  of  the  alleged  violation, the name and
address of the complainant and the minor, and a brief statement describ-
ing the alleged violation. The  enforcement  officer  shall  notify  the
alleged  violator  by  certified  or  registered  mail,  return  receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for  a  hearing  on
the  complaint.  Such  notice shall contain the information submitted by
the complainant.
  S 6. This act shall take effect on  the  first  day  of  January  next
succeeding the date on which it shall have become a law.

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