Assembly Bill A9731

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

                                  9731

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced  by  M. of A. ROSENTHAL, LUPARDO -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  distribution of electronic cigarettes without charge

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

  Section 1. Section 1399-bb of the public health  law,  as  amended  by
chapter  508 of the laws of 2000, subdivision 2 as amended by chapter 13
of the laws of 2003, is amended to read as follows:
  S 1399-bb. Distribution of tobacco products [or], herbal cigarettes OR
ELECTRONIC CIGARETTES without charge. 1. No person engaged in the  busi-
ness  of selling or otherwise distributing tobacco products [or], herbal
cigarettes, OR ELECTRONIC CIGARETTES for  commercial  purposes,  or  any
agent  or  employee  of  such person, shall knowingly, in furtherance of
such business:
  (a) distribute without charge any tobacco products [or], herbal  ciga-
rettes,  OR  ELECTRONIC  CIGARETTES to any individual, provided that the
distribution of a package containing tobacco products  or  herbal  ciga-
rettes  in  violation  of  this  subdivision  shall  constitute a single
violation without regard to the number of items in the package; or
  (b) distribute coupons which are redeemable for tobacco products [or],
herbal cigarettes, OR ELECTRONIC CIGARETTES to any individual,  provided
that  this  subdivision  shall not apply to coupons contained in newspa-
pers, magazines or other types of publications, coupons obtained through
the purchase of tobacco products [or], herbal cigarettes, OR  ELECTRONIC
CIGARETTES  or  obtained  at  locations  which  sell tobacco products or
herbal cigarettes provided that  such  distribution  is  confined  to  a
designated area or to coupons sent through the mail.
  2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
  (a)  private  social functions when seating arrangements are under the
control of the sponsor of the function  and  not  the  owner,  operator,
manager or person in charge of such indoor area;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14573-02-6
              

A. 9731                             2

  (b)  conventions  and  trade  shows; provided that the distribution is
confined to designated areas generally accessible only to  persons  over
the age of eighteen;
  (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;
  (d) bars as defined in subdivision one  of  section  thirteen  hundred
ninety-nine-n of this chapter;
  (e)  tobacco  businesses  as  defined  in subdivision eight of section
thirteen hundred ninety-nine-aa of this article;
  (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.
  3.  No  person  shall  distribute  tobacco   products   [or],   herbal
cigarettes, OR ELECTRONIC CIGARETTES at the locations set forth in para-
graphs  (b),  (c) and (f) of subdivision two of this section unless such
person gives five days written notice to the enforcement officer.
  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 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] DISTRIBUTION of a  tobacco
product  [or],  herbal cigarette, OR ELECTRONIC CIGARETTE to an individ-
ual.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become law.