NY State Assembly Bill 2011-A9044

Assembly Bill A9044

Signed By Governor

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 05, 2012	signed chap.448
Aug 27, 2012	delivered to governor
Jun 21, 2012	returned to assembly passed senate 3rd reading cal.1454 substituted for s2926b
May 30, 2012	referred to health delivered to senate passed assembly
May 24, 2012	advanced to third reading cal.647
May 22, 2012	reported
May 10, 2012	print number 9044b
May 10, 2012	amend and recommit to codes
Mar 02, 2012	print number 9044a
Mar 02, 2012	amend and recommit to codes
Feb 14, 2012	reported referred to codes
Jan 17, 2012	referred to health

Votes

- Jun 21, 2012 - Floor Vote
  A9044
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2012
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Huntley

Bill Amendments

Original

B (Active)

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multi-Sponsors

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2011-A9044 - Details

Law Section:: Public Health Law
Laws Affected:: Amd Pub Health L, generally

2011-A9044 - Summary

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

2011-A9044 - Bill Text download pdf

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

                                  9044

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of A. ROSENTHAL, TITONE, ENGLEBRIGHT, MAISEL, GALEF,
  M. MILLER, CASTRO, JAFFEE -- Multi-Sponsored by -- M.  of  A.  CAMARA,
  CYMBROWITZ,  GOTTFRIED,  SWEENEY, TOBACCO -- read once and referred to
  the Committee on Health

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 two
new subdivisions 13 and 14 to read as follows:
  13. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
DESIGNED FOR THE INHALATION OF NICOTINE, CHEMICALS OR TOBACCO, INCLUDING
BUT NOT LIMITED TO ELECTRONIC CIGARETTES.
  14. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS  A  BATTERY-OPERATED
DEVICE  THAT  CONTAINS CARTRIDGES FILLED WITH NICOTINE, FLAVOR AND OTHER
CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE USER.
  S 3. Paragraphs (b), (c) and (d) of subdivision 1 and 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:
  (b) "Card holder" means any person presenting a  driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; AND
  (c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
designed for the inhalation of tobacco; and
  (d)] "Transaction scan" means the process involving an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee

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

                                                           LBD13620-02-2

A. 9044                             2

under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section;
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes [or], shisha OR SMOKING  PARAPHERNALIA,  are  sold  or
offered  for sale is prohibited from selling such products, herbal ciga-
rettes, shisha or smoking paraphernalia 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,  SHISHA  OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, 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, herbal cigarettes [or], shisha OR SMOKING
PARAPHERNALIA in such places, other than by a vending machine, shall  be
made  only  to an individual who demonstrates, through (a) a valid driv-
er's license or non-driver's identification card issued by  the  commis-
sioner  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 consti-
tute a defense in any proceeding alleging the sale of a tobacco product,
herbal cigarettes [or], shisha OR SMOKING PARAPHERNALIA 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 SMOKING PARAPHERNALIA 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 SMOKING PARAPHERNALIA 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

A. 9044                             3

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  SMOKING  PARAPHERNALIA  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
SMOKING PARAPHERNALIA 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 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 SMOKING
PARAPHERNALIA in vending machines. No person, firm, partnership, company
or  corporation  shall operate a vending machine which dispenses tobacco
products [or], herbal cigarettes OR SMOKING  PARAPHERNALIA  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. Subparagraph 1 of paragraph  (b)  of  subdivision  6  of  section
1399-ee of the public health law, as added by chapter 162 of the laws of
2002, is amended to read as follows:
  (1) the health effects of tobacco AND SMOKING PARAPHERNALIA use, espe-
cially at a young age;
  S  6.  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 SMOKING PARAPHERNALIA 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 7. Section 1399-hh of the public health law, as added by chapter 433
of the laws of 1997, is amended to read as follows:

A. 9044                             4

  S 1399-hh. Tobacco AND SMOKING PARAPHERNALIA enforcement.  The commis-
sioner  shall  develop,  plan  and  implement a comprehensive program to
reduce the prevalence of tobacco AND SMOKING PARAPHERNALIA use,  partic-
ularly among persons less than eighteen years of age. This program shall
include, but not be limited to, support for enforcement of article thir-
teen-F of this chapter.
  1.    An  enforcement  officer, as defined in section thirteen hundred
ninety-nine-t of this chapter, may annually, on such dates as  shall  be
fixed  by the commissioner, submit an application for such monies as are
made available for such purpose.  Such application shall be in such form
as prescribed by the commissioner and shall include, but not be  limited
to,  plans  regarding random spot checks, including the number and types
of compliance checks that will be conducted,  and  other  activities  to
determine compliance with this article.  Each such plan shall include an
agreement  to  report  to  the  commissioner: the names and addresses of
tobacco retailers and vendors determined to be unlicensed, if  any;  the
number  of complaints filed against licensed tobacco retail outlets; and
the names of tobacco retailers and vendors who have paid fines, or  have
been otherwise penalized, due to enforcement actions.
  2.    The commissioner shall distribute such monies as are made avail-
able for such purpose to enforcement officers and, in so doing, consider
the number of retail locations registered to sell  tobacco  AND  SMOKING
PARAPHERNALIA  products within the jurisdiction of the enforcement offi-
cer and the level of proposed activities.
  3. Monies made available to  enforcement  officers  pursuant  to  this
section  shall  only be used for local tobacco AND SMOKING PARAPHERNALIA
enforcement activities approved by the commissioner.
  S 8. Section 1399-ii of the public health law, as added by  chapter  1
of the laws of 1999, is amended to read as follows:
  S  1399-ii.  Tobacco  AND  SMOKING  PARAPHERNALIA  use  prevention and
control program. 1. To improve the health, quality of life, and economic
well-being of all New York state citizens, there is  hereby  established
within  the  department  a  comprehensive  statewide tobacco AND SMOKING
PARAPHERNALIA use prevention and control program.
  2. The department shall support tobacco AND SMOKING PARAPHERNALIA  use
prevention and control activities including, but not limited to:
  (a)  Community  programs  to  prevent  and  reduce tobacco AND SMOKING
PARAPHERNALIA use through local involvement and partnerships;
  (b) School-based programs to prevent and reduce  tobacco  AND  SMOKING
PARAPHERNALIA use;
  (c)  Marketing  and  advertising  to  discourage  tobacco  AND SMOKING
PARAPHERNALIA use;
  (d) Tobacco AND SMOKING PARAPHERNALIA cessation programs for youth and
adults;
  (e) Special projects to reduce the disparities in  smoking  prevalence
among various populations;
  (f)  Restriction  of youth access to tobacco AND SMOKING PARAPHERNALIA
products;
  (g) Surveillance of smoking rates; and
  (h) Any other activities determined by the commissioner to  be  neces-
sary to implement the provisions of this section.
  Such  programs shall be selected by the commissioner through an appli-
cation process which takes into account whether a program utilizes meth-
ods recognized as effective in reducing smoking and tobacco use.  Eligi-
ble applicants may include,  but  not  be  limited  to,  a  health  care
provider,  schools,  a  college  or  university,  a  local public health

A. 9044                             5

department, a public health organization, a health care provider  organ-
ization,  association  or society, or a professional education organiza-
tion.
  3.  (a) There shall be established a tobacco AND SMOKING PARAPHERNALIA
use prevention and control advisory board to advise the commissioner  on
tobacco  AND  SMOKING  PARAPHERNALIA  use prevention and control issues,
including methods to prevent and reduce tobacco  AND  SMOKING  PARAPHER-
NALIA use in the state.
  (b)  The  board  shall  consist  of  seventeen  members  who  shall be
appointed as follows: nine members by the governor; three members by the
speaker of the assembly; three members by the temporary president of the
senate and one member each by the minority  leader  of  the  senate  and
minority  leader  of the assembly. Any vacancy or subsequent appointment
shall be filled in the same manner and by the same appointing  authority
as  the  original  appointment.  The  chairperson  of the board shall be
designated by the governor from among the members of the board.
  (c) The members shall serve for terms of two years commencing  on  the
effective  date  of  this section. Members of the board shall receive no
compensation but shall be reimbursed for  reasonable  travel  and  other
expenses incurred in the performance of their duties hereunder.
  (d)  The  board shall meet as often as it deems necessary, but no less
than four times a year. No nominee to the board shall have any  past  or
current  affiliation with the tobacco industry or any industry, contrac-
tor, agent, or organization that engages in the  manufacturing,  market-
ing,  distributing,  or  sale  of  tobacco  products. The board shall be
appointed in full within ninety days  of  the  effective  date  of  this
section.
  (e)  The  department  shall prepare and submit to the board a spending
plan for the  tobacco  AND  SMOKING  PARAPHERNALIA  use  prevention  and
control program authorized pursuant to the provisions of subdivision one
of  this  section  no later than thirty days after the submission of the
budget to the legislature.
  S 9. Section 1399-jj of the public health law, as amended by chapter 1
of the laws of 1999, is amended to read as follows:
  S 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
the effectiveness of the efforts  by  state  and  local  governments  to
reduce  the  use  of  tobacco  AND  SMOKING PARAPHERNALIA products among
minors and adults. The principal  measurements  of  effectiveness  shall
include  negative attitudes toward tobacco AND SMOKING PARAPHERNALIA use
and reduction of tobacco AND SMOKING PARAPHERNALIA use among the general
population, and given target populations.
  2. The commissioner shall ensure that, to the extent practicable,  the
most current research findings regarding mechanisms to reduce and change
attitudes  toward  tobacco  AND  SMOKING  PARAPHERNALIA  use are used in
tobacco education programs administered by the department.
  3. To diminish tobacco AND SMOKING PARAPHERNALIA use among minors  and
adults,  the  commissioner shall ensure that, to the extent practicable,
the following is achieved:
  The department shall conduct an independent evaluation of  the  state-
wide  tobacco  AND  SMOKING  PARAPHERNALIA  use  prevention  and control
program under section thirteen hundred ninety-nine-ii of  this  article.
The  purpose  of  this  evaluation is to direct the most efficient allo-
cation of state resources devoted to tobacco education and cessation  to
accomplish  the  maximum prevention and reduction of tobacco AND SMOKING
PARAPHERNALIA use among minors and  adults.  Such  evaluation  shall  be
provided  to  the  governor,  the  majority leader of the senate and the

A. 9044                             6

speaker of the assembly on or before September first, two thousand  one,
and annually on or before such date thereafter. The comprehensive evalu-
ation design shall be guided by the following:
  (a)  sound  evaluation  principles  including, to the extent feasible,
elements of controlled experimental methods;
  (b) an evaluation  of  the  comparative  effectiveness  of  individual
program  designs  which  shall  be used in funding decisions and program
modifications; and
  (c) an evaluation of other  programs  identified  by  state  agencies,
local lead agencies, and federal agencies.
  S  10.  The  opening paragraph, the opening paragraph of subdivision 2
and the closing paragraph of section 1399-kk of the public  health  law,
as  added  by  chapter  433  of the laws of 1997, are amended to read as
follows:
  The commissioner shall submit to the governor and the  legislature  an
interim  tobacco control report and annual tobacco control reports which
shall describe the extent of the use of tobacco  AND  SMOKING  PARAPHER-
NALIA  products  by  minors in the state and document the progress state
and local governments have made in reducing such use among minors.
  The commissioner shall submit to the governor and the  legislature  an
annual tobacco control report which shall describe the extent of the use
of tobacco AND SMOKING PARAPHERNALIA products by minors in the state and
document  the progress state and local governments have made in reducing
such use among minors. The annual  report  shall  be  submitted  to  the
governor  and  the  legislature  on or before March thirty-first of each
year beginning on March thirty-first, nineteen hundred ninety-nine.  The
annual report shall, to the extent practicable,  include  the  following
information on a county by county basis:
  The  annual  tobacco  control report shall, to the extent practicable,
include the following information: (a) tobacco AND SMOKING PARAPHERNALIA
control efforts sponsored by state government agencies  including  money
spent  to educate minors on the hazards of tobacco AND SMOKING PARAPHER-
NALIA use;
  (b) recommendations for improving tobacco  AND  SMOKING  PARAPHERNALIA
control efforts in the state; and
  (c) such other information as the commissioner deems appropriate.
  S 11. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

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2011-A9044A - Details

Law Section:: Public Health Law
Laws Affected:: Amd Pub Health L, generally

2011-A9044A - Summary

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

2011-A9044A - Bill Text download pdf

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

                                 9044--A

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, RAIA, TITONE, ENGLEBRIGHT, MAISEL,
  GALEF, M. MILLER,  CASTRO,  JAFFEE,  BROOK-KRASNY,  PERRY,  LOSQUADRO,
  ORTIZ,  ZEBROWSKI,  WEPRIN, P. RIVERA, RA, MONTESANO, DUPREY -- Multi-
  Sponsored by -- M. of A. ARROYO, BRENNAN,  BURLING,  CAMARA,  CERETTO,
  CYMBROWITZ,  FINCH, GLICK, GOODELL, GOTTFRIED, McKEVITT, MURRAY, SWEE-
  NEY, TOBACCO, WEISENBERG -- read once and referred to the Committee on
  Health -- reported and referred to the Committee on Codes -- 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 two
new subdivisions 13 and 14 to read as follows:
  13. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
DESIGNED FOR THE INHALATION OF NICOTINE, CHEMICALS OR TOBACCO, INCLUDING
BUT NOT LIMITED TO ELECTRONIC CIGARETTES.
  14. "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. Paragraphs (b), (c) and (d) of subdivision 1 and 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13620-08-2

A. 9044--A                          2

  (b)  "Card  holder"  means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; AND
  (c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
designed for the inhalation of tobacco; and
  (d)] "Transaction scan" means the process involving an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section;
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes [or], shisha OR SMOKING  PARAPHERNALIA,  are  sold  or
offered  for sale is prohibited from selling such products, herbal ciga-
rettes, shisha or smoking paraphernalia 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,  SHISHA  OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, 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, herbal cigarettes [or], shisha OR SMOKING
PARAPHERNALIA in such places, other than by a vending machine, shall  be
made  only  to an individual who demonstrates, through (a) a valid driv-
er's license or non-driver's identification card issued by  the  commis-
sioner  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 consti-
tute a defense in any proceeding alleging the sale of a tobacco product,
herbal cigarettes [or], shisha OR SMOKING PARAPHERNALIA 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 SMOKING PARAPHERNALIA 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

A. 9044--A                          3

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 SMOKING PARAPHERNALIA 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  SMOKING PARAPHERNALIA 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
SMOKING PARAPHERNALIA 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 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 SMOKING
PARAPHERNALIA in vending machines. No person, firm, partnership, company
or corporation shall operate a vending machine which  dispenses  tobacco
products  [or],  herbal  cigarettes OR SMOKING PARAPHERNALIA 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.  Subparagraph  1  of  paragraph  (b) of subdivision 6 of section
1399-ee of the public health law, as added by chapter 162 of the laws of
2002, is amended to read as follows:
  (1) the health effects of tobacco AND SMOKING PARAPHERNALIA use, espe-
cially at a young age;
  S 6. 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  SMOKING  PARAPHERNALIA  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

A. 9044--A                          4

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 7. Section 1399-hh of the public health law, as added by chapter 433
of the laws of 1997, is amended to read as follows:
  S 1399-hh. Tobacco AND SMOKING PARAPHERNALIA enforcement.  The commis-
sioner shall develop, plan and  implement  a  comprehensive  program  to
reduce  the prevalence of tobacco AND SMOKING PARAPHERNALIA use, partic-
ularly among persons less than eighteen years of age. This program shall
include, but not be limited to, support for enforcement of THIS  article
[thirteen-F of this chapter].
  1.    An  enforcement  officer, as defined in section thirteen hundred
ninety-nine-t of this chapter, may annually, on such dates as  shall  be
fixed  by the commissioner, submit an application for such monies as are
made available for such purpose.  Such application shall be in such form
as prescribed by the commissioner and shall include, but not be  limited
to,  plans  regarding random spot checks, including the number and types
of compliance checks that will be conducted,  and  other  activities  to
determine compliance with this article.  Each such plan shall include an
agreement  to  report  to  the  commissioner: the names and addresses of
tobacco retailers and vendors determined to be unlicensed, if  any;  the
number  of complaints filed against licensed tobacco retail outlets; and
the names of tobacco retailers and vendors who have paid fines, or  have
been otherwise penalized, due to enforcement actions.
  2.    The commissioner shall distribute such monies as are made avail-
able for such purpose to enforcement officers and, in so doing, consider
the number of retail locations registered to sell  tobacco  AND  SMOKING
PARAPHERNALIA  products within the jurisdiction of the enforcement offi-
cer and the level of proposed activities.
  3. Monies made available to  enforcement  officers  pursuant  to  this
section  shall  only be used for local tobacco AND SMOKING PARAPHERNALIA
enforcement activities approved by the commissioner.
  S 8. This act shall take effect immediately.

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2011-A9044B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd Pub Health L, generally

2011-A9044B (ACTIVE) - Summary

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

2011-A9044B (ACTIVE) - Bill Text download pdf

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

                                 9044--B

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, RAIA, TITONE, ENGLEBRIGHT, MAISEL,
  GALEF, M. MILLER,  CASTRO,  JAFFEE,  BROOK-KRASNY,  PERRY,  LOSQUADRO,
  ORTIZ,  ZEBROWSKI,  WEPRIN, P. RIVERA, RA, MONTESANO, DUPREY, ROBINSON
  -- Multi-Sponsored by -- M. of A. ARROYO,  BRENNAN,  BURLING,  CAMARA,
  CERETTO,  CYMBROWITZ,  FINCH,  GLICK,  GOODELL,  GOTTFRIED,  McKEVITT,
  MURRAY, SWEENEY, TOBACCO, WEISENBERG -- read once and referred to  the
  Committee on Health -- reported and referred to the Committee on Codes
  --  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 commit-
  tee

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-

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

                                                           LBD13620-10-2

A. 9044--B                          2

viduals under eighteen years of age, and shall  post  in  a  conspicuous
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,

A. 9044--B                          3

however, such restriction shall not  apply  to  tobacco  businesses,  as
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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Assembly Bill A9044

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Andrew Raia

Matthew Titone

Steven Englebright

Alan Maisel

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Daniel Burling

Karim Camara

2011-A9044 - Details

2011-A9044 - Summary

2011-A9044 - Bill Text download pdf

co-Sponsors

Andrew Raia

Matthew Titone

Steven Englebright

Alan Maisel

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Daniel Burling

Karim Camara

2011-A9044A - Details

2011-A9044A - Summary

2011-A9044A - Bill Text download pdf

co-Sponsors

Andrew Raia

Matthew Titone

Steven Englebright

Alan Maisel

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Daniel Burling

Karim Camara

2011-A9044B (ACTIVE) - Details

2011-A9044B (ACTIVE) - Summary

2011-A9044B (ACTIVE) - Bill Text download pdf

Comments