Assembly Bill A10657

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10657
 
                           I N  A S S E M B L Y
 
                               May 10, 2018
                                ___________
 
 Introduced by M. of A. PAULIN, L. ROSENTHAL, GOTTFRIED, DINOWITZ, GALEF,
   McDONOUGH, ARROYO, BUCHWALD, DICKENS, D'URSO, FERNANDEZ, TAYLOR, ERRI-
   GO, MONTESANO -- Multi-Sponsored by -- M. of A. SIMON -- read once and
   referred to the Committee on Health
 
 AN  ACT  to  amend the public health law, in relation to including elec-
   tronic cigarettes in the regulation of tobacco products

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 13 of section 1399-aa of the public health law,
 as  amended  by  chapter  542 of the laws of 2014, is amended to read as
 follows:
   13. "Electronic cigarette" or "e-cigarette" means an electronic device
 that delivers vapor which is inhaled by an individual  user,  and  shall
 include  any refill, cartridge and any other component of such a device.
 FOR THE PURPOSES OF THIS ARTICLE, ELECTRONIC CIGARETTES AND E-CIGARETTES
 SHALL BE DEEMED TO BE CIGARETTES.
   § 2. Subdivision 2 of section 1399-gg of the  public  health  law,  as
 added by chapter 513 of the laws of 2004, is amended to read as follows:
   2.  No  person  engaged  in  the business of manufacturing, selling or
 otherwise distributing tobacco products,  herbal  cigarettes,  cigarette
 wrapping  papers,  wrapping leaves or tubes, or any agent or employee of
 such person, shall manufacture or cause to be manufactured for  sale  in
 this  state,  or  sell  or  distribute in this state: (a) any package or
 other container of cigarettes containing fewer  than  twenty  cigarettes
 (OTHER  THAN  ELECTRONIC  CIGARETTES);  (b) any package of roll-your-own
 tobacco containing less than six-tenths of an ounce of tobacco;  or  (c)
 any  package  or  other container of cigarette wrapping papers, wrapping
 leaves or tubes, that are or are held out to be suitable for use or used
 as devices to wrap tobacco for smoking,  containing  fewer  than  twenty
 sheets, leaves or tubes.
   §  3.  Subdivision  2  of section 1399-ll of the public health law, as
 added by chapter 262 of the laws of 2000, is amended to read as follows:
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly transport cigarettes to any person in this state reasonably  believed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15826-01-8

 A. 10657                            2
 
 by  such  carrier  to be other than a person described in paragraph (a),
 (b) or (c) of subdivision one of  this  section.  For  purposes  of  the
 preceding  sentence,  if  cigarettes  are transported to a home or resi-
 dence,  it  shall  be  presumed that the common or contract carrier knew
 that such person was not a person described in paragraph (a), (b) or (c)
 of subdivision one of this section. It shall be unlawful for  any  other
 person  to  knowingly  transport cigarettes to any person in this state,
 other than to a person described in paragraph (a), (b) or (c) of  subdi-
 vision  one  of  this  section.  Nothing  in  this  subdivision shall be
 construed to prohibit a person other than a common or  contract  carrier
 from  transporting not more than eight hundred cigarettes OR TWENTY-FOUR
 ELECTRONIC CIGARETTES at any one time to any person in this state.
   § 4. This act shall take effect immediately.