senate Bill S7737

2013-2014 Legislative Session

Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products; evaluates health effects of e-cigarettes on public

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2014 referred to health

Co-Sponsors

S7737 - Bill Details

See Assembly Version of this Bill:
A10182
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§1399-n, 1399-aa - 1399-dd, 1399-ff, 1399-ll & 1399-mm, Pub Health L; amd §260.21, Pen L; amd §17-714, NYC Ad Cd

S7737 - Bill Texts

view summary

Prohibits the vaporization of nicotine within electronic cigarettes in certain areas; increases the purchasing age for tobacco products and electronic cigarettes from 18 to 21; directs the department of health to evaluate the health effects of electronic cigarettes on members of the public.

view sponsor memo
BILL NUMBER:S7737

TITLE OF BILL: An act to amend the public health law, in relation to
prohibiting the vaporization of nicotine within electronic cigarettes
in certain areas; to amend the public health law, the penal law and
the administrative code of the city of New York, in relation to
increasing the purchasing age for tobacco products and electronic
cigarettes from eighteen to twenty-one; and relating to directing the
department of health to evaluate the health effects of electronic
cigarettes on members of the public

PURPOSE OR GENERAL IDEA OF BILL: Prohibits the use of electronic
cigarettes in certain indoor public areas; raises the age for the
purchase of tobacco products or electronic cigarettes from eighteen to
twenty-one; requires the Department of Health to conduct a study into
the effects of electronic cigarette use on the public health.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends Section 1399-n of the public health law
to include "the vaporization of nicotine or other chemicals within an
electronic cigarette" within the definition of "smoking."

Section 2: Subdivision 4 of section 1399-aa of the Public Health Law
is amended by deleting the age of "eighteen" and replacing it with
"twenty-one".

Section 3: Paragraphs (b), (c) and (f) of subdivision 2 of section
1399-bb of the Public Health Law are amended by removing "eighteen"
and replacing it with "twenty-one".

Section 4: Subdivision 4 of section 1399-bb of the Public Health Law
is amended by adding "electronic cigarettes" to the list of products
that require proper photo identification to be shown and by removing
"eighteen" and replacing it with "twenty-one". This section also adds
the new subdivision 5 to provide that nothing in this section of law
shall limit a county, city, town or village from imposing stricter
restrictions or conditions regarding minimum age requirements.

Section 5: Subdivisions 2, 3 and 7 of section 1399-cc of the Public
Health Law is amended by removing "eighteen" and replacing it with
"twenty-one". The new subdivision 8 is also added to provide that
nothing in this section of law shall limit a county, city, town or
village from imposing stricter restrictions or conditions regarding
minimum age requirements.

Section 6: Subdivision (d) of Section 1399-dd of the Public Health Law
is amended by removing "eighteen" and replacing it with "twenty-one".
The new subdivision (2) is also added to provide that nothing in this
section of law shall limit a county, city, town or village from
imposing stricter restrictions or conditions regarding minimum age
requirements.

Section 7: Subdivision 1 of Section 1399-ff of the Public Health Law
is amended by deleting the word "minor" and replacing it with "person
under twenty-one years of age". A new subdivision 4 is also added to
provide that nothing in this section of law shall limit a county,


city, town or village from imposing stricter restrictions or
conditions regarding minimum age requirements.

Section 8: Paragraphs (b) and (c) of Section 1399-11 of the Public
Health Law is amended by removing "eighteen" and replacing it with
"twenty-one".

Section 9: Subdivision 1 of paragraphs (b) and (c) of subdivision 2 of

Section 1399-mm of the Public Health Law is amended by removing
"eighteen" and replacing it with "twenty-one".

Section 10: Subdivision 3 of section 260.21 of the Penal Law is
amended by removing "eighteen" and replacing it with "twenty-one" and
also adding that nothing in this section of law shall limit a county,
city, town or village from imposing stricter restrictions or
conditions regarding minimum age requirements.

Section 11: Section 17-714 of the Administrative Code of the City of
New York is amended by removing "eighteen" and replacing it with
"twenty-one."

Section 12: Provides definitions for electronic cigarette, refillable
electronic cigarette, non-refillable electronic cigarette, and liquid
nicotine. This section also directs that within 60 days, the
department of health commence an examination to study the effects of
electronic cigarettes on the public health. This study will examine
(1) possible adverse health effects of the vapor released from the
electronic cigarettes; (2) the effectiveness of electronic cigarettes
as a smoking cessation tool; (3) the occurrence of nicotine addiction
when using an electronic cigarettes as opposed to a cigarette or other
tobacco products; (4) the chemical composition of liquid nicotine use
to refill electronic cigarettes and any threat to public health from
such liquid nicotine; (5) the possible adverse health effects of
exposure to liquid nicotine that is sold to refill electronic
cigarettes; (6) the different threats to public health from the use of
refillable versus non-refillable electronic cigarette systems. A
report must be issued within one year of the effective date of this
bill on the findings of the study and any recommendations the
department may have.

Section 13: Provides the effective date of immediately, except for
sections 1 through 11 which shall take effect 90 days after this bill
shall become law.

JUSTIFICATION: Prohibiting the Use of Electronic Cigarettes In Public
Indoor Areas This bill prohibits the use of an electronic cigarette in
certain areas as set forth in the Indoor Clean Air Act, raises the age
to purchase tobacco products and electronic cigarettes in New York
State to 21 and requires the Department of Health to undertake a study
into the dangers of electronic cigarettes and their effect on the
public health.

The Indoor Clean Air Act prohibits the smoking of tobacco or within
places of employment, bars, food service establishments, public
transportation, child care facilities, college dorms (both public and
private), hospitals, indoor arenas, zoos and bingo parlors. New York


City has recently banned the use of electronic cigarettes in places
where cigarettes or other tobacco products cannot be smoked, including
restaurants, bars, parks and beaches. This bill would seek to extend
the prohibition on using electronic cigarettes statewide.

Raising The Age to Purchase Tobacco Products and Electronic Cigarettes
to 21

Currently, high school students who are 18 or older may legally
purchase tobacco products. Younger students under 18 can get these
tobacco products from their older classmates who can legally purchase
them. According to the Surgeon General, 90% of the people who purchase
cigarettes for minors are between the ages of 18 and 20.

Avoiding the use of tobacco products at an early age is key to curbing
addiction later in life. According to the American Lung Association,
85% of adult smokers started smoking before the age of 21. By raising
the age for the purchase of tobacco products and e-cigarettes, these
products will be taken out of school age children's hands by cutting
off their easiest access to them, their fellow students. Although
smoking among high schoolers has decreased nearly 56% from 2000 to
2012, the rate of smoking among teens has begun to level out and be
stuck at around 12%.

While this is encouraging, more has to be done to get tobacco products
out of the hands of teenagers.

Although some believe that e-cigarettes are a "safer" alternative to
tobacco products, these products still contain nicotine, a highly
addictive product. Teenagers are especially susceptible to nicotine
addiction and the earlier they start, the more likely they are to be
addicted later in life. According to the Surgeon General, nicotine
exposure to young adults may have long lasting effects as it occurs
during a critical time of brain development. According to the New York
State School Board Association, the use of electronic cigarettes among
middle school and high school student has doubled from 2011 to 2012.

Recently, New York City and Suffolk county raised the age for the
purchase of tobacco products and electronic cigarettes to 21. New York
State should follow this example and increase the age to purchase
tobacco products and electronic cigarettes to 21 statewide.

Health Commissioner Study

Electronic cigarettes are a relatively new battery operated device
that electronically vaporizes a liquid that contains nicotine for the
user to then inhale. Electronic cigarettes have been marketed as a
"safer" alternative to regular tobacco products since they do not
actually need to be "smoked." They have also been marketed as a
smoking cessation tool. However, little is known about what is in the
liquid that is being vaporized or the vapor that is exhaled by the
user.

Currently, there are two types of electronic cigarettes on the market,
refillable (or open system) and non-refillable (closed system). The
non-refillable electronic cigarettes have a certain amount of uses and
are not intended to be refilled by the user. Refillable or open system


electronic cigarettes are designed to have removable cartridges that
the user can refill themselves with liquid nicotine.

Liquid nicotine is a liquid that contains nicotine and other chemicals
and possibly flavoring. Liquid nicotine has been found to be harmful
if ingested or exposed to someone's skin. Between 2012 and 2013 calls
to poison control centers involving liquid nicotine increased by 300
percent.

Electronic cigarettes and liquid nicotine are not regulated by the
state or FDA because they do not contain tobacco. This means there are
no standards for how much nicotine is present in the liquid nicotine,
how much nicotine is emitted per inhalation of an electronic
cigarette, or what other chemicals are present in the liquid nicotine.
The FDA is currently in the process of developing its own regulations
that would extend its authority to regulate electronic cigarettes as
"tobacco products." However, these regulations have not been
finalized yet.

As much is still unknown about the possible dangers of electronic
cigarettes and liquid nicotine, this bill would authorize the
department of health to examine these potential dangers to the general
public.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None. There may be a decrease in cigarette tax
revenue from raising the age to purchase tobacco products from 18 to
21 years old.

EFFECTIVE DATE: This bill shall take effect immediately, provided that
sections one through eleven of this act shall take effect on the
ninetieth day after it shall become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7737

                            I N  S E N A T E

                              June 3, 2014
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, RIVERA -- 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  the
  vaporization  of  nicotine  within  electronic  cigarettes  in certain
  areas; to amend the public health law, the penal law and the  adminis-
  trative  code  of  the city of New York, in relation to increasing the
  purchasing age for tobacco products  and  electronic  cigarettes  from
  eighteen  to  twenty-one;  and relating to directing the department of
  health to evaluate the health  effects  of  electronic  cigarettes  on
  members of the public

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

  Section 1. Subdivision 8 of section 1399-n of the public  health  law,
as  amended  by  chapter  13  of the laws of 2003, is amended to read as
follows:
  8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
any other matter or substance which contains tobacco OR THE VAPORIZATION
OF NICOTINE OR OTHER CHEMICALS WITHIN AN ELECTRONIC CIGARETTE.
  S  2.  Subdivision  4  of section 1399-aa of the public health law, as
added by chapter 799 of the laws of 1992, is amended to read as follows:
  4. "Private club" means an organization with no more than an insignif-
icant portion of its membership comprised of people  under  the  age  of
[eighteen] TWENTY-ONE years that regularly receives dues and/or payments
from its members for the use of space, facilities and services.
  S  3.  Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb
of the public health law, as amended by chapter 13 of the laws of  2003,
are amended to read as follows:
  (b)  conventions  and  trade  shows; provided that the distribution is
confined to designated areas generally accessible only to  persons  over
the age of [eighteen] TWENTY-ONE;
  (c)  events  sponsored by tobacco [or], herbal cigarette OR ELECTRONIC
CIGARETTE manufacturers provided that the distribution  is  confined  to
designated  areas  generally  accessible only to persons over the age of
[eighteen] TWENTY-ONE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15123-03-4

S. 7737                             2

  (f) factories as defined  in  subdivision  nine  of  section  thirteen
hundred  ninety-nine-aa of this article and construction sites; provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of [eighteen] TWENTY-ONE.
  S  4.  Subdivision  4  of section 1399-bb of the public health law, as
amended by chapter 508 of the laws of 2000, is amended and a new  subdi-
vision 5 is added to read as follows:
  4.  The  distribution  of  tobacco products [or], herbal cigarettes OR
ELECTRONIC CIGARETTES pursuant to subdivision two of this section  shall
be  made  only  to  an  individual  who demonstrates, through a driver's
license or other photographic identification card issued by a government
entity or educational institution indicating that the individual  is  at
least  [eighteen]  TWENTY-ONE years of age. Such identification need not
be required of any individual who reasonably  appears  to  be  at  least
[twenty-five]  THIRTY years of age; provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the  sale
of  a  tobacco product [or], herbal cigarette OR ELECTRONIC CIGARETTE to
an individual UNDER TWENTY-ONE YEARS OF AGE.
  5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE  AUTHORITY  OF
ANY  COUNTY,  CITY,  TOWN  OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER  RESTRICTIONS  AND  CONDITIONS  ON  THE
MINIMUM  AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE  IS  CONSISTENT  WITH  THE  AUTHORITY  TO
PROTECT  THE  ORDER,  CONDUCT,  HEALTH,  SAFETY  AND  GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
  S 5. Subdivisions 2, 3 and 7 of section 1399-cc of the  public  health
law,  as  amended  by chapter 448 of the laws of 2012, are amended and a
new subdivision 8 is added to read as follows:
  2. Any person operating a place of business wherein tobacco  products,
herbal  cigarettes, shisha or electronic cigarettes, are sold or offered
for sale is prohibited from selling such  products,  herbal  cigarettes,
shisha,  electronic  cigarettes  or smoking paraphernalia to individuals
under [eighteen] TWENTY-ONE years of age, and shall post in a  conspicu-
ous  place  a  sign  upon  which  there shall be imprinted the following
statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC-
CO, SHISHA OR OTHER  TOBACCO  PRODUCTS,  HERBAL  CIGARETTES,  ELECTRONIC
CIGARETTES,  ROLLING  PAPERS  OR SMOKING PARAPHERNALIA, TO PERSONS UNDER
[EIGHTEEN] TWENTY-ONE 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, shisha  or  electronic
cigarettes  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]  TWENTY-ONE years of age. Such identification need
not be required of any individual who reasonably appears to be at  least
[twenty-five]  THIRTY years of age, provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the  sale

S. 7737                             3

of a tobacco product, herbal cigarettes, shisha or electronic cigarettes
to an individual under [eighteen] TWENTY-ONE years of age.
  7.  No  person operating a place of business wherein tobacco products,
herbal cigarettes, 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, shisha or electronic  ciga-
rettes 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]
TWENTY-ONE years of age or older.
  8. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE  AUTHORITY  OF
ANY  COUNTY,  CITY,  TOWN  OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER  RESTRICTIONS  AND  CONDITIONS  ON  THE
MINIMUM  AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE  IS  CONSISTENT  WITH  THE  AUTHORITY  TO
PROTECT  THE  ORDER,  CONDUCT,  HEALTH,  SAFETY  AND  GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
  S 6. Section 1399-dd of the public health law, as amended  by  chapter
448 of the laws of 2012, is amended to read as follows:
  S 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
ic cigarettes in vending machines. No person, firm, partnership, company
or  corporation  shall operate a vending machine which dispenses tobacco
products, herbal cigarettes or electronic cigarettes unless such machine
is located: (a) in a bar as defined in subdivision one of section  thir-
teen  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 regu-
lar workforce comprised of people under the age of [eighteen] TWENTY-ONE
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.
  2. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE  AUTHORITY  OF
ANY  COUNTY,  CITY,  TOWN  OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER  RESTRICTIONS  AND  CONDITIONS  ON  THE
MINIMUM  AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE  IS  CONSISTENT  WITH  THE  AUTHORITY  TO
PROTECT  THE  ORDER,  CONDUCT,  HEALTH,  SAFETY  AND  GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
  S 7. Subdivision 1 of section 1399-ff of the  public  health  law,  as
amended  by chapter 448 of the laws of 2012, is amended and a new subdi-
vision 4 is added 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] PERSON

S. 7737                             4

UNDER TWENTY-ONE YEARS OF AGE to whom  tobacco  products,  herbal  ciga-
rettes  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]  PERSON  UNDER  TWENTY-ONE  YEARS  OF AGE, and a brief statement
describing 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.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE  AUTHORITY  OF
ANY  COUNTY,  CITY,  TOWN  OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER  RESTRICTIONS  AND  CONDITIONS  ON  THE
MINIMUM  AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE  IS  CONSISTENT  WITH  THE  AUTHORITY  TO
PROTECT  THE  ORDER,  CONDUCT,  HEALTH,  SAFETY  AND  GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
  S 8. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
public health law, as added by chapter 518 of  the  laws  of  2000,  are
amended to read as follows:
  (b)  Any  person operating a tobacco business wherein bidis is sold or
offered for sale is prohibited from selling such  bidis  to  individuals
under  [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which  there  shall  be  imprinted  the  following
statement,  "SALE  OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE 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.
  (c)  Sales  of  bidis  by  a tobacco business shall be made only to an
individual who demonstrates, through a driver's license or other  photo-
graphic identification card issued by a government entity or educational
institution  indicating that the individual is at least [eighteen] TWEN-
TY-ONE years of age. Such identification need not  be  required  of  any
individual  who  reasonably  appears to be at least [twenty-five] THIRTY
years of age, provided, however, that such appearance shall not  consti-
tute  a defense in any proceeding alleging the sale of a tobacco product
to an individual under [eighteen] TWENTY-ONE years of age.
  S 9. Subdivision 1 and paragraphs (b) and  (c)  of  subdivision  2  of
section 1399-mm of the public health law, as added by chapter 549 of the
laws of 2003, are amended to read as follows:
  1. No person shall knowingly sell or provide gutka to any other person
under  [eighteen]  TWENTY-ONE  years  of  age. No other provision of law
authorizing the sale of tobacco products, other than subdivision two  of
this  section,  shall  authorize  the  sale  of  gutka.   Any person who
violates the provisions of this subdivision shall be subject to a  civil
penalty of not more than five hundred dollars.
  (b)  Any  person operating a tobacco business wherein gutka is sold or
offered for sale is prohibited from selling such  gutka  to  individuals
under  [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which  there  shall  be  imprinted  the  following
statement,  "SALE  OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE 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.

S. 7737                             5

  (c)  Sales  of  gutka  by  a tobacco business shall be made only to an
individual who demonstrates, through a driver's license or other  photo-
graphic identification card issued by a government entity or educational
institution  indicating that the individual is at least [eighteen] TWEN-
TY-ONE  years  of  age.  Such identification need not be required of any
individual who reasonably appears to be at  least  [twenty-five]  THIRTY
years  of age, provided, however, that such appearance shall not consti-
tute a defense in any proceeding alleging the sale of a tobacco  product
to an individual under [eighteen] TWENTY-ONE years of age.
  S  10.  Subdivision  3 of section 260.21 of the penal law, as added by
chapter 362 of the laws of 1992, is amended to read as follows:
  3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than [eighteen] TWENTY-ONE  years  old,  HOWEVER  NOTHING  IN  THIS
SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN
OR  VILLAGE  TO  ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES
STRICTER RESTRICTIONS AND CONDITIONS  ON  THE  MINIMUM  AGE  REQUIREMENT
PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR
ORDINANCE  IS  CONSISTENT  WITH  THE  AUTHORITY  TO  PROTECT  THE ORDER,
CONDUCT, HEALTH, SAFETY AND GENERAL  WELFARE  OF  PERSONS  OR  PROPERTY.
NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL
LAW  OR  ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION.
  S 11. Section 17-714 of the administrative code of  the  city  of  New
York,  as amended by local law number 69 of the city of New York for the
year 2009, is amended to read as follows:
  S 17-714 Sale of herbal cigarettes to minors prohibited. It  shall  be
unlawful  for  any person to sell or offer for sale herbal cigarettes to
an individual under [eighteen] TWENTY-ONE years of age.
  S 12. 1. For the purposes of this section, the following  terms  shall
have the following meanings:
  (a)  "Electronic cigarette" shall have the same meaning as the term is
defined in section 1399-aa of the public health law.
  (b) "Refillable electronic cigarette" shall mean an  electronic  ciga-
rette  that  is  designed  to  allow  for  cartridges  to be removed and
replaced with new cartridges of liquid nicotine.
  (c) "Non-refillable electronic cigarette"  shall  mean  an  electronic
cigarette  that  is  designed  to  have  a finite number of uses and not
intended to be refilled with liquid nicotine cartridges.
  (d) "Liquid nicotine" shall mean a liquid  composed  of  nicotine  and
other chemicals, which is sold as a product that may be used in an elec-
tronic cigarette.
  2. Within sixty days of the effective date of this act, the department
of  health  shall  commence to examine and evaluate the effects of elec-
tronic cigarettes on the public health. Such study shall examine:
  (a) the possible adverse health effects of  the  vapor  released  from
electronic cigarettes;
  (b)  the effectiveness of electronic cigarettes as a smoking cessation
tool;
  (c) the occurrence of nicotine  addiction  when  using  an  electronic
cigarette as opposed to a cigarette or other tobacco products;
  (d)  the  chemical composition of liquid nicotine used to refill elec-
tronic cigarettes and any threat to public health from such liquid nico-
tine;
  (e) the possible adverse health effects from exposure to liquid  nico-
tine that is sold to refill electronic cigarettes; and

S. 7737                             6

  (f)  the different threats to public health from the use of refillable
versus non-refillable electronic cigarette systems.
  3. Within one year of the effective date of this act, the commissioner
of  health  shall report to the governor and the legislature the depart-
ment of health's findings and make any recommendations he or  she  shall
deem necessary.
  S  13.  This  act shall take effect immediately; provided however that
sections one through eleven of this act shall take effect on the nineti-
eth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.