S T A T E O F N E W Y O R K
________________________________________________________________________
6667
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
___________
Introduced by M. of A. RAIA, SWEENEY, RA, WEISENBERG, MONTESANO, DUPREY,
SPANO -- Multi-Sponsored by -- M. of A. BURLING, CASTRO, CERETTO,
FINCH, GOODELL, JAFFEE, LOSQUADRO, McKEVITT, M. MILLER, MURRAY,
N. RIVERA, P. RIVERA -- read once and referred 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
A. 6667 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.