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Assembly Bill A10450

2017-2018 Legislative Session

Relates to the online sale of tobacco products

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Archive: Last Bill Status - In Assembly Committee

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2017-A10450 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §1399-cc, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A341

2017-A10450 (ACTIVE) - Summary

Requires that online purchasers of tobacco products digitally upload a government-issued identification for verification of age, and requires sellers to include the words "TOBACCO PRODUCT" on the purchaser's billing statement for online sales.

2017-A10450 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10450
 
                           I N  A S S E M B L Y
 
                              April 23, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the online sale of
   tobacco products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d) of subdivision 1 of section 1399-cc of the
 public health law, as amended by chapter 542 of the  laws  of  2014,  is
 amended to read as follows:
   (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] SUBDIVISIONS
 three AND THREE-A of this section; and
   § 2. Section 1399-cc of the public health law is amended by  adding  a
 new subdivision 3-a to read as follows:
   3-A.  ONLINE SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICO-
 TINE, SHISHA OR ELECTRONIC CIGARETTES SHALL BE MADE ONLY TO AN  INDIVID-
 UAL  WHO  DIGITALLY  UPLOADS  TO  THE  WEBSITE  OF THE PLACE OF BUSINESS
 CONDUCTING SUCH SALE (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S  IDEN-
 TIFICATION CARD ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDER-
 AL  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  PASS-
 PORT 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 OF LEGAL AGE IN THE COUNTY WHERE  SUCH
 INDIVIDUAL'S  BILLING ADDRESS IS LOCATED. THE PURCHASER'S GOVERNMENT-IS-
 SUED IDENTIFICATION SHALL BE UPLOADED IN A FORMAT THAT ALLOWS THE SELLER
 TO CONDUCT A TRANSACTION SCAN. SUCH IDENTIFICATION SHALL BE REQUIRED FOR
 ALL ONLINE PURCHASES, REGARDLESS OF AGE. FOR ANY PURCHASE MADE  PURSUANT
 TO  THIS  SUBDIVISION,  INCLUDING  PURCHASES FROM SELLERS OUTSIDE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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