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

                                  5164

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced by M. of A. MAYER, PICHARDO, JAFFEE, MOSLEY, RYAN, GOTTFRIED,
  DINOWITZ  --  Multi-Sponsored  by -- M. of A. BARRON, DUPREY, GLICK --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  use  of  coupons or use of a "price reduction instrument" to lower the
  price of certain tobacco products

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

  Section  1.  Legislative  findings. The legislature finds that tobacco
use is a leading cause of preventable  premature  death  in  the  United
States and the State of New York.
  Given the substantial human and economic costs associated with tobacco
use, New York State has taken numerous steps to reduce tobacco use among
adults  and  to  stop persons under the age of eighteen from starting to
use cigarettes and tobacco products. Because tobacco use persists  among
adults  and  young  adults under the age of eighteen, however, the state
must take further action. Preventing adults and young adults  under  the
age  of eighteen from taking up smoking is critical as 80% of adults who
become daily smokers start smoking before reaching the  age  of  twenty-
one, and nationwide, 99% of smokers start by age twenty-six.
  The  legislature  finds,  based on numerous studies, that high tobacco
prices reduce tobacco consumption among both adults  and  persons  under
the age of eighteen, who are especially price-sensitive.
  Just  as high tobacco prices decrease demand, the availability of low-
priced cigarettes and tobacco products increases demand and  contributes
to continued tobacco use. Low-priced cigarettes and tobacco products are
widely available in New York State through a number of sources.
  The  use of coupons, especially those directed to young people, reduce
prices  for  tobacco  products  and  increase   smoking   among   youth.
Discounts,  particularly  those  marketed  to  youth  entice  consumers,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04572-03-5

              

A. 5164                             2

including price-sensitive youth, to purchase deadly and highly addictive
products.
  The  legislature  hereby declares that enactment of this act is neces-
sary to address the persistent availability of low-priced cigarettes and
tobacco products in New York State. This act will ban the redemption  of
coupons  and other price reduction instruments in the sale of cigarettes
and tobacco products to consumers. Such actions are necessary  to  maxi-
mize the public health impact of high tobacco prices.
  S  2.  The  public  health  law  is  amended  by  adding a new section
1399-bb-1 to read as follows:
  S 1399-BB-1. PROHIBITION ON THE  SALE  OF  DISCOUNTED  CIGARETTES  AND
TOBACCO PRODUCTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "CIGAR"  MEANS ANY ROLL OF TOBACCO FOR SMOKING THAT IS WRAPPED IN
LEAF TOBACCO OR IN ANY SUBSTANCE CONTAINING TOBACCO, WITH OR  WITHOUT  A
TIP  OR  MOUTHPIECE. CIGAR DOES NOT INCLUDE A LITTLE CIGAR AS DEFINED IN
THIS SECTION.
  (B) "CIGARETTE" MEANS ANY ROLL FOR SMOKING MADE WHOLLY OR IN  PART  OF
TOBACCO OR ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE OR SHAPE AND WHETH-
ER  OR  NOT  SUCH TOBACCO OR SUBSTANCE IS FLAVORED, ADULTERATED OR MIXED
WITH ANY OTHER INGREDIENT, THE WRAPPER OR COVER  OF  WHICH  IS  MADE  OF
PAPER  OR ANY OTHER SUBSTANCE OR MATERIAL BUT IS NOT MADE IN WHOLE OR IN
PART OF TOBACCO.
  (C) "ELECTRONIC CIGARETTE" MEANS AN ELECTRONIC  DEVICE  THAT  DELIVERS
VAPOR  FOR  INHALATION.  ELECTRONIC  CIGARETTE SHALL INCLUDE ANY REFILL,
CARTRIDGE, AND ANY OTHER COMPONENT OF AN ELECTRONIC  CIGARETTE.    ELEC-
TRONIC  CIGARETTE SHALL NOT INCLUDE ANY PRODUCT APPROVED BY THE FOOD AND
DRUG ADMINISTRATION FOR SALE AS A DRUG OR MEDICAL DEVICE.
  (D) "LISTED PRICE" MEANS THE PRICE LISTED FOR  CIGARETTES  OR  TOBACCO
PRODUCTS  ON  THEIR PACKAGES OR ON ANY RELATED SHELVING, POSTING, ADVER-
TISING OR DISPLAY AT THE PLACE WHERE THE CIGARETTES OR TOBACCO  PRODUCTS
ARE SOLD OR OFFERED FOR SALE, INCLUDING ALL APPLICABLE TAXES.
  (E)  "LITTLE  CIGAR"  MEANS  ANY  ROLL  OF TOBACCO FOR SMOKING THAT IS
WRAPPED IN LEAF TOBACCO OR IN ANY SUBSTANCE CONTAINING TOBACCO AND  THAT
WEIGHS  NO MORE THAN FOUR POUNDS PER THOUSAND OR HAS A CELLULOSE ACETATE
OR OTHER INTEGRATED FILTER.
  (F) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, PARTNERSHIP, FIRM,
ORGANIZATION OR OTHER LEGAL ENTITY.
  (G) "PRICE REDUCTION INSTRUMENT" MEANS ANY  COUPON,  VOUCHER,  REBATE,
CARD,  PAPER,  NOTE,  FORM,  STATEMENT,  TICKET,  IMAGE, OR OTHER ISSUE,
WHETHER IN PAPER, DIGITAL,  OR  ANY  OTHER  FORM,  USED  FOR  COMMERCIAL
PURPOSES TO RECEIVE AN ARTICLE, PRODUCT, SERVICE, OR ACCOMMODATION WITH-
OUT CHARGE OR AT A DISCOUNTED PRICE.
  (H) "TOBACCO PRODUCT" MEANS ANY PRODUCT WHICH CONTAINS TOBACCO THAT IS
INTENDED FOR HUMAN CONSUMPTION, INCLUDING ANY COMPONENT, PART, OR ACCES-
SORY  OF SUCH PRODUCT. TOBACCO PRODUCT SHALL INCLUDE, BUT NOT BE LIMITED
TO,  ANY  CIGAR,  LITTLE   CIGAR,   CHEWING   TOBACCO,   PIPE   TOBACCO,
ROLL-YOUR-OWN  TOBACCO, SNUS, BIDI, SNUFF, TOBACCO-CONTAINING SHISHA, OR
DISSOLVABLE TOBACCO PRODUCT. TOBACCO PRODUCT  SHALL  NOT  INCLUDE  CIGA-
RETTES  OR  ANY PRODUCT THAT HAS BEEN APPROVED BY THE UNITED STATES FOOD
AND DRUG ADMINISTRATION FOR SALE AS A TOBACCO USE CESSATION  PRODUCT  OR
FOR  OTHER  MEDICAL  PURPOSES AND THAT IS BEING MARKETED AND SOLD SOLELY
FOR SUCH PURPOSES.
  2. PROHIBITION ON THE SALE OF CIGARETTES  FOR  LESS  THAN  THE  LISTED
PRICE.  NO PERSON SHALL:
  (A)  HONOR  OR  ACCEPT A COUPON OR OTHER PRICE REDUCTION INSTRUMENT IN
ANY TRANSACTION RELATED TO THE SALE OF CIGARETTES TO A CONSUMER;

A. 5164                             3

  (B) SELL OR OFFER FOR  SALE  CIGARETTES  TO  A  CONSUMER  THROUGH  ANY
MULTI-PACKAGE DISCOUNT OR OTHERWISE PROVIDE TO A CONSUMER ANY CIGARETTES
FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE OF ANY OTHER
CIGARETTES BY THE CONSUMER;
  (C)  SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER THAN
CIGARETTES TO A CONSUMER FOR LESS THAN THE LISTED PRICE IN EXCHANGE  FOR
THE PURCHASER OF CIGARETTES BY THE CONSUMER; OR
  (D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE CIGARETTES TO A CONSUM-
ER FOR LESS THAN THE LISTED PRICE.
  3. PROHIBITION ON THE SALE OF TOBACCO PRODUCTS FOR LESS THAN THE LIST-
ED PRICE. NO PERSON SHALL:
  (A)  HONOR  OR  ACCEPT A COUPON OR OTHER PRICE REDUCTION INSTRUMENT IN
ANY TRANSACTION RELATED TO THE SALE OF TOBACCO PRODUCTS TO A CONSUMER;
  (B) SELL OR OFFER FOR SALE TOBACCO PRODUCTS TO A CONSUMER THROUGH  ANY
MULTI-PACKAGE  DISCOUNT  OR  OTHERWISE PROVIDE TO A CONSUMER ANY TOBACCO
PRODUCT FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE  PURCHASE  OF
ANY OTHER TOBACCO PRODUCT BY THE CONSUMER;
  (C)  SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER THAN
A TOBACCO PRODUCT TO A CONSUMER  FOR  LESS  THAN  THE  LISTED  PRICE  IN
EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT BY THE CONSUMER; OR
  (D)  SELL,  OFFER FOR SALE, OR OTHERWISE PROVIDE TOBACCO PRODUCTS TO A
CONSUMER FOR LESS THAN THE LISTED PRICE.
  4. EXEMPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  TO
THE SALE OF ELECTRONIC CIGARETTES.
  (B)  THE  PROVISIONS  OF  THIS  SECTION SHALL NOT APPLY TO THE SALE OF
CIGARETTES IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE PERSONS.
  5. RULES.  THE COMMISSIONER OR HIS OR HER  DELEGATE  SHALL  PROMULGATE
ANY  RULES  AS MAY BE NECESSARY OR DESIRABLE FOR THE PURPOSE OF CARRYING
OUT THIS SECTION.
  6. ENFORCEMENT AND PENALTIES. (A) WHENEVER THERE SHALL BE A  VIOLATION
OF  THIS  SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN
THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO A COURT  OR  JUSTICE
HAVING  JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND
UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR
JUSTICE,  ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
VIOLATION  OF  THIS  SECTION  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY IN THE FOLLOWING AMOUNTS:
  (1) ONE THOUSAND DOLLARS FOR A  FIRST  VIOLATION  WITHIN  A  FIVE-YEAR
PERIOD;
  (2)  TWO  THOUSAND  DOLLARS  FOR A SECOND VIOLATION WITHIN A FIVE-YEAR
PERIOD; AND
  (3) FIVE THOUSAND DOLLARS FOR A THIRD  VIOLATION  WITHIN  A  FIVE-YEAR
PERIOD.
  (B)  NO  PERSON  SHALL  BE LIABLE UNDER THIS SECTION FOR MORE THAN ONE
VIOLATION OF ANY OF SUBDIVISIONS TWO OR THREE OF THIS SECTION  DURING  A
SINGLE DAY.
  (C)  IN  CONNECTION WITH ANY APPLICATION AS DESCRIBED IN PARAGRAPH (A)
OF THIS SUBDIVISION, THE ATTORNEY GENERAL IS AUTHORIZED  TO  TAKE  PROOF

A. 5164                             4

AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                 5164--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced by M. of A. MAYER, PICHARDO, JAFFEE, MOSLEY, RYAN, GOTTFRIED,
  DINOWITZ,  ROBINSON,  ARROYO, BARRETT, GALEF, GOODELL, PERRY -- Multi-
  Sponsored by -- M. of A. BARRON, COOK, CRESPO, DUPREY, GLICK  --  read
  once  and referred to the Committee on Health -- 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
  use of coupons or use of a "price reduction instrument" to  lower  the
  price of certain tobacco products

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

  Section 1. Legislative findings. The legislature  finds  that  tobacco
use  is  a  leading  cause  of preventable premature death in the United
States and the state of New York.    Given  the  substantial  human  and
economic  costs  associated  with  tobacco use, New York state has taken
numerous steps to reduce tobacco use among adults and to prevent  minors
from taking up cigarette smoking or using other tobacco products. Howev-
er,  the  legislature finds that the state should take further action to
discourage adults and young adults from  taking  up  and  continuing  to
smoke cigarettes, use e-cigarettes, or use other tobacco products.
  Despite  New  York  state's laws which prohibit the sale of cigarettes
and e-cigarettes to children under  age  18,  tobacco  use  among  young
adults  persists.  According to recent findings, nine out of ten smokers
first tried cigarettes by age eighteen, and  ninety-nine  percent  first
tried  cigarettes by age twenty-six. In addition, a recent report issued
by the Centers for Disease Control and Prevention and the U.S. Food  and
Drug Administration's Center for Tobacco Products noted that while ciga-
rette  use  among  high  school  students  has  declined,  it still is a
substantial share (9.2%) of the most commonly used tobacco  products  by
these students. Of particular importance, the report notes that e-cigar-
ette  use  tripled  among middle and high school students from 2013-2014

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04572-06-5
              

A. 5164--A                          2

and that e-cigarette use has surpassed the current use  of  every  other
tobacco product overall.
  The  legislature  finds  that  the  use of price reduction promotions,
especially coupons targeted in mailing, design and  marketing  to  young
adults,  results  in additional and unwanted incentives for tobacco use.
By  encouraging  purchase  by  price  reduction,  these   youth-directed
promotions  unquestionably  encourage youth use of tobacco products, and
should be disallowed.
  The legislature hereby declares that enactment of this act  is  neces-
sary to address the persistent availability of low-priced cigarettes and
tobacco  products  targeted  to young people in New York state. This act
will ban the redemption of coupons and other price reduction instruments
in the sale of  cigarettes  and  tobacco  products  to  consumers.  Such
actions are necessary to discourage the use of tobacco products by youn-
ger people in New York state.
  S  2.  The  public  health  law  is  amended  by  adding a new section
1399-bb-1 to read as follows:
  S 1399-BB-1. PROHIBITION ON THE  SALE  OF  DISCOUNTED  CIGARETTES  AND
TOBACCO PRODUCTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "CIGAR"  MEANS ANY ROLL OF TOBACCO FOR SMOKING THAT IS WRAPPED IN
LEAF TOBACCO OR IN ANY SUBSTANCE CONTAINING TOBACCO, WITH OR  WITHOUT  A
TIP  OR  MOUTHPIECE. CIGAR DOES NOT INCLUDE A LITTLE CIGAR AS DEFINED IN
THIS SECTION.
  (B) "CIGARETTE" MEANS ANY ROLL FOR SMOKING MADE WHOLLY OR IN  PART  OF
TOBACCO OR ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE OR SHAPE AND WHETH-
ER  OR  NOT  SUCH TOBACCO OR SUBSTANCE IS FLAVORED, ADULTERATED OR MIXED
WITH ANY OTHER INGREDIENT, THE WRAPPER OR COVER  OF  WHICH  IS  MADE  OF
PAPER  OR ANY OTHER SUBSTANCE OR MATERIAL BUT IS NOT MADE IN WHOLE OR IN
PART OF TOBACCO.
  (C) "ELECTRONIC CIGARETTE" MEANS AN ELECTRONIC  DEVICE  THAT  DELIVERS
VAPOR  FOR  INHALATION.  ELECTRONIC  CIGARETTE SHALL INCLUDE ANY REFILL,
CARTRIDGE, AND ANY OTHER COMPONENT OF AN ELECTRONIC CIGARETTE.  THE TERM
INCLUDES ANY SUCH DEVICE, WHETHER MANUFACTURED, DISTRIBUTED, MARKETED OR
SOLD AS AN E-CIGARETTE, E-CIGAR, E-PIPE, E-HOOKAH OR VAPE PEN, OR  UNDER
ANY  OTHER  PRODUCT  NAME OR DESCRIPTOR.  ELECTRONIC CIGARETTE SHALL NOT
INCLUDE ANY PRODUCT APPROVED BY THE FOOD  AND  DRUG  ADMINISTRATION  FOR
SALE AS A DRUG OR MEDICAL DEVICE.
  (D)  "LITTLE  CIGAR"  MEANS  ANY  ROLL  OF TOBACCO FOR SMOKING THAT IS
WRAPPED IN LEAF TOBACCO OR IN ANY SUBSTANCE CONTAINING TOBACCO AND  THAT
WEIGHS  NO MORE THAN FOUR POUNDS PER THOUSAND OR HAS A CELLULOSE ACETATE
OR OTHER INTEGRATED FILTER.
  (E) "LISTED PRICE" MEANS THE PRICE LISTED FOR  CIGARETTES  OR  TOBACCO
PRODUCTS  ON  THEIR PACKAGES OR ON ANY RELATED SHELVING, POSTING, ADVER-
TISING OR DISPLAY AT THE PLACE WHERE THE CIGARETTES OR TOBACCO  PRODUCTS
ARE SOLD OR OFFERED FOR SALE, INCLUDING ALL APPLICABLE TAXES.
  (F) "PERSON" MEANS ANY NATURAL PERSON, CORPORATION, PARTNERSHIP, FIRM,
ORGANIZATION OR OTHER LEGAL ENTITY.
  (G)  "PRICE  REDUCTION  INSTRUMENT" MEANS ANY COUPON, VOUCHER, REBATE,
CARD, PAPER, NOTE, FORM,  STATEMENT,  TICKET,  IMAGE,  OR  OTHER  ISSUE,
WHETHER  IN  PAPER,  DIGITAL,  OR  ANY  OTHER  FORM, USED FOR COMMERCIAL
PURPOSES TO RECEIVE AN ARTICLE, PRODUCT, SERVICE, OR ACCOMMODATION WITH-
OUT CHARGE OR AT A DISCOUNTED PRICE.
  (H) "TOBACCO PRODUCT" MEANS ANY PRODUCT WHICH CONTAINS TOBACCO THAT IS
INTENDED FOR HUMAN CONSUMPTION, INCLUDING ANY COMPONENT, PART, OR ACCES-
SORY OF SUCH PRODUCT. TOBACCO PRODUCT SHALL INCLUDE, BUT NOT BE  LIMITED
TO,   ANY   CIGAR,   LITTLE   CIGAR,   CHEWING  TOBACCO,  PIPE  TOBACCO,

A. 5164--A                          3

ROLL-YOUR-OWN TOBACCO, SNUS, BIDI, SNUFF, TOBACCO-CONTAINING SHISHA,  OR
DISSOLVABLE  TOBACCO  PRODUCT.  TOBACCO  PRODUCT SHALL NOT INCLUDE CIGA-
RETTES OR ANY PRODUCT THAT HAS BEEN APPROVED BY THE UNITED  STATES  FOOD
AND  DRUG  ADMINISTRATION FOR SALE AS A TOBACCO USE CESSATION PRODUCT OR
FOR OTHER MEDICAL PURPOSES AND THAT IS BEING MARKETED  AND  SOLD  SOLELY
FOR SUCH PURPOSES.
  2.  PROHIBITION  ON  THE  SALE  OF CIGARETTES FOR LESS THAN THE LISTED
PRICE.  NO PERSON SHALL:
  (A) HONOR OR ACCEPT A COUPON OR OTHER PRICE  REDUCTION  INSTRUMENT  IN
ANY TRANSACTION RELATED TO THE SALE OF CIGARETTES TO A CONSUMER;
  (B)  SELL  OR  OFFER  FOR  SALE  CIGARETTES  TO A CONSUMER THROUGH ANY
MULTI-PACKAGE DISCOUNT OR OTHERWISE PROVIDE TO A CONSUMER ANY CIGARETTES
FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE OF ANY OTHER
CIGARETTES BY THE CONSUMER;
  (C) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER  THAN
CIGARETTES  TO A CONSUMER FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR
THE PURCHASER OF CIGARETTES BY THE CONSUMER; OR
  (D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE CIGARETTES TO A CONSUM-
ER FOR LESS THAN THE LISTED PRICE.
  3. PROHIBITION ON THE SALE OF TOBACCO PRODUCTS FOR LESS THAN THE LIST-
ED PRICE. NO PERSON SHALL:
  (A) HONOR OR ACCEPT A COUPON OR OTHER PRICE  REDUCTION  INSTRUMENT  IN
ANY TRANSACTION RELATED TO THE SALE OF TOBACCO PRODUCTS TO A CONSUMER;
  (B)  SELL OR OFFER FOR SALE TOBACCO PRODUCTS TO A CONSUMER THROUGH ANY
MULTI-PACKAGE DISCOUNT OR OTHERWISE PROVIDE TO A  CONSUMER  ANY  TOBACCO
PRODUCT  FOR  LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE OF
ANY OTHER TOBACCO PRODUCT BY THE CONSUMER;
  (C) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER  THAN
A  TOBACCO  PRODUCT  TO  A  CONSUMER  FOR  LESS THAN THE LISTED PRICE IN
EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT BY THE CONSUMER; OR
  (D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE TOBACCO PRODUCTS  TO  A
CONSUMER FOR LESS THAN THE LISTED PRICE.
  4.  PROHIBITION ON THE SALE OF ELECTRONIC CIGARETTES FOR LESS THAN THE
LISTED PRICE. NO PERSON SHALL:
  (A) HONOR OR ACCEPT A COUPON OR OTHER PRICE  REDUCTION  INSTRUMENT  IN
ANY  TRANSACTION  RELATED  TO  THE  SALE OF AN ELECTRONIC CIGARETTE TO A
CONSUMER;
  (B) SELL OR OFFER FOR SALE ELECTRONIC CIGARETTES TO A CONSUMER THROUGH
ANY MULTI-PACKAGE DISCOUNT OR OTHERWISE PROVIDE TO A CONSUMER ANY TOBAC-
CO PRODUCT FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR  THE  PURCHASE
OF ANY OTHER ELECTRONIC CIGARETTES BY THE CONSUMER;
  (C)  SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER THAN
AN ELECTRONIC CIGARETTE TO A CONSUMER FOR LESS THAN THE LISTED PRICE  IN
EXCHANGE FOR THE PURCHASE OF AN ELECTRONIC CIGARETTE BY THE CONSUMER; OR
  (D)  SELL,  OFFER FOR SALE, OR OTHERWISE PROVIDE ELECTRONIC CIGARETTES
TO A CONSUMER FOR LESS THAN THE LISTED PRICE.
  5. RULES.  THE COMMISSIONER OR HIS OR HER  DELEGATE  SHALL  PROMULGATE
ANY  RULES  AS MAY BE NECESSARY OR DESIRABLE FOR THE PURPOSE OF CARRYING
OUT THIS SECTION.
  6. ENFORCEMENT AND PENALTIES. (A) WHENEVER THERE SHALL BE A  VIOLATION
OF  THIS  SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN
THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, TO A COURT  OR  JUSTICE
HAVING  JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND
UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN

A. 5164--A                          4

FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR
JUSTICE,  ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
VIOLATION  OF  THIS  SECTION  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY IN THE FOLLOWING AMOUNTS:
  (1) ONE THOUSAND DOLLARS FOR A  FIRST  VIOLATION  WITHIN  A  FIVE-YEAR
PERIOD;
  (2)  TWO  THOUSAND  DOLLARS  FOR A SECOND VIOLATION WITHIN A FIVE-YEAR
PERIOD; AND
  (3) FIVE THOUSAND DOLLARS FOR A THIRD  VIOLATION  WITHIN  A  FIVE-YEAR
PERIOD.
  (B)  NO  PERSON  SHALL  BE LIABLE UNDER THIS SECTION FOR MORE THAN ONE
VIOLATION OF ANY OF SUBDIVISIONS TWO OR THREE OF THIS SECTION  DURING  A
SINGLE DAY.
  (C)  IN  CONNECTION WITH ANY APPLICATION AS DESCRIBED IN PARAGRAPH (A)
OF THIS SUBDIVISION, THE ATTORNEY GENERAL IS AUTHORIZED  TO  TAKE  PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.