NY State Senate Bill 2009-S6621

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2010	referred to health

2009-S6621 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa & 1399-cc, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S2926

2009-S6621 (ACTIVE) - Summary

Prohibits the sale of electronic cigarettes, or e-cigarettes, to minors; adds definitions.

2009-S6621 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6621

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


 PURPOSE :
This bill would prohibit the sale of electronic cigarettes to minors.

 SUMMARY OF PROVISIONS :
Section 1 of the bill adds new subdivisions 12 and 13 to § 1399-aa of
the public health law to define electronic cigarettes and their
cartridges which contain liquid nicotine.

Section 2 of the bill amends section 1399-cc of the public health law
to prohibit the sale of electronic cigarettes (e-cigarettes) to
minors.

Section 3 of the bill provides for the effective date.

 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 :
None.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6621 (ACTIVE) - Bill Text download pdf

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

                                  6621

                            I N  S E N A T E

                            January 20, 2010
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- 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
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

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

                                                           LBD15221-01-0

S. 6621                             2

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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Senate Bill S6621

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2009-S6621 (ACTIVE) - Details

2009-S6621 (ACTIVE) - Summary

2009-S6621 (ACTIVE) - Sponsor Memo

2009-S6621 (ACTIVE) - Bill Text download pdf

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Sponsored By

Owen H. Johnson

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2009-S6621 (ACTIVE) - Details

2009-S6621 (ACTIVE) - Summary

2009-S6621 (ACTIVE) - Sponsor Memo

2009-S6621 (ACTIVE) - Bill Text download pdf

Comments