Senate Bill S6073

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6073
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 the regulation  of
   electronic distributors of vaping products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1399-ddd to read as follows:
   §  1399-DDD.  ONLINE  SALE  OF VAPING PRODUCTS. 1. (A) FOR PURPOSES OF
 THIS SECTION, "VAPING" OR "VAPING PRODUCTS" SHALL MEAN  THE  USE  OF  AN
 ELECTRONIC CIGARETTE OR ANY PRODUCTS ASSOCIATED WITH THE USE OF SUCH.
   (B)  "ELECTRONIC  DISTRIBUTOR" SHALL MEAN ANY LICENSED PERSON OR BUSI-
 NESS WHO ADVERTISES AND SELLS  VAPING  PRODUCTS  TO  THE  PUBLIC  ONLINE
 THROUGH A WEBSITE, WHERE AN INDIVIDUAL IS ABLE TO PURCHASE SUCH PRODUCTS
 AND HAVE THEM DELIVERED DIRECTLY.
   2.  ALL  ELECTRONIC  DISTRIBUTORS OF VAPING PRODUCTS SHALL ENSURE THAT
 THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP SUCH VAPING  PRODUCT
 DIRECTLY  TO A NEW YORK RESIDENT OR ANY RESIDENT OUTSIDE OF THE STATE IS
 CLEARLY AND CONSPICUOUSLY LABELED  WITH  THE  WORDS:  "CONTAINS  TOBACCO
 PRODUCTS-SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY - NOT
 FOR  RESALE" OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED BY THE DEPART-
 MENT.
   3. (A) ALL ELECTRONIC DISTRIBUTORS  SHALL  CLEARLY  AND  CONSPICUOUSLY
 PROVIDE  NOTICE  ON  THEIR  WEBSITE THAT A PURCHASER SHALL BE TWENTY-ONE
 YEARS OF AGE IN ORDER  TO  PURCHASE  SUCH  VAPING  PRODUCTS.  ELECTRONIC
 DISTRIBUTORS  SHALL  BE  RESPONSIBLE  FOR TAKING THE NECESSARY STEPS AND
 EXERCISING DUE DILIGENCE IN PREVENTING  MINORS  FROM  HAVING  ACCESS  TO
 PURCHASE VAPING PRODUCTS FROM THEIR WEBSITES.
   (B)  THE  DEPARTMENT  OF HEALTH SHALL HAVE THE AUTHORITY TO CONDUCT AN
 INVESTIGATION, WHERE NECESSARY,  INTO  ANY  ELECTRONIC  DISTRIBUTOR  AND
 THEIR   WEBSITE   TO   DETERMINE  IF  SUCH  DISTRIBUTOR  HAS  SUFFICIENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11714-01-9

 S. 6073                             2
 
 RESTRICTIONS IN  PLACE  TO  PREVENT  THE  UNAUTHORIZED  SALE  OF  VAPING
 PRODUCTS  TO  MINORS.  IF THE DEPARTMENT SHALL MAKE A DETERMINATION THAT
 SUCH CURRENT RESTRICTIONS ARE  INSUFFICIENT,  THE  DEPARTMENT  SHALL  BE
 AUTHORIZED  TO  SUSPEND THE LICENSE OF SUCH ELECTRONIC DISTRIBUTOR UNTIL
 SUFFICIENT RESTRICTIONS HAVE BEEN ADDED  OR  CURRENT  RESTRICTIONS  HAVE
 BEEN  IMPROVED  AND  THE  DEPARTMENT  HAS DEEMED SUCH RESTRICTIONS TO BE
 SATISFACTORY.
   4. THE ELECTRONIC DISTRIBUTION OF VAPING PRODUCTS SHALL BE  MADE  ONLY
 TO A PURCHASER WHO:
   (A)  DEMONSTRATES  HE  OR  SHE  IS AT LEAST TWENTY-ONE YEARS OF AGE BY
 PROVIDING A VALID FORM  OF  PHOTOGRAPHIC  IDENTIFICATION  AUTHORIZED  BY
 SUBDIVISION  THREE  OF  SECTION  THIRTEEN HUNDRED NINETY-NINE-CC OF THIS
 ARTICLE AND DIGITALLY UPLOADS SUCH PHOTOGRAPHIC  IDENTIFICATION  TO  THE
 WEBSITE  OF THE ELECTRONIC DISTRIBUTOR CONDUCTING SUCH SALE, IN A FORMAT
 THAT ALLOWS THE ELECTRONIC DISTRIBUTOR TO CONDUCT A TRANSACTION SCAN AND
 EFFICIENTLY DETERMINE THE AGE OF SUCH PURCHASER; AND
   (B) SIGNS AN ELECTRONIC OR  PAPER  FORM  OR  OTHER  ACKNOWLEDGMENT  OF
 RECEIPT AS APPROVED BY THE DEPARTMENT.
   5.  AN ELECTRONIC DISTRIBUTOR SHALL REFUSE SALE AND DELIVERY OF VAPING
 PRODUCTS TO PURCHASERS WHO HAVE FAILED TO COMPLY WITH  THE  REQUIREMENTS
 OF SUBDIVISION FOUR OF THIS SECTION.
   6. FOR ANY VIOLATION OF THIS SECTION THAT RESULTS IN THE UNLAWFUL SALE
 OF  VAPING PRODUCTS TO A MINOR, THE FOLLOWING PENALTIES SHALL BE IMPOSED
 UPON AN ELECTRONIC DISTRIBUTOR WHO  IS  RESPONSIBLE  FOR  SUCH  UNLAWFUL
 SALE:
   (A)  A CIVIL PENALTY OF BETWEEN FIVE THOUSAND AND TWENTY-FIVE THOUSAND
 DOLLARS AND A SUSPENSION OF LICENSE FOR UP TO SIX MONTHS FOR  THE  FIRST
 VIOLATION;
   (B)  A  CIVIL  PENALTY  OF  BETWEEN  TEN  THOUSAND AND THIRTY THOUSAND
 DOLLARS AND A SUSPENSION OF LICENSE FOR UP TO THREE YEARS FOR  A  SECOND
 VIOLATION WITHIN A THREE YEAR PERIOD; AND
   (C) A SUSPENSION OF LICENSE FOR UP TO FIVE YEARS FOR A THIRD VIOLATION
 WITHIN A FIVE YEAR PERIOD.
   7.  (A)  A  COMMITTEE SHALL BE ESTABLISHED BY THE DEPARTMENT OF HEALTH
 FOR THE PURPOSE OF MONITORING, REGULATING, INSPECTING AND GRADING  ELEC-
 TRONIC  DISTRIBUTORS  OF  VAPING  PRODUCTS.  THE  MEMBERS  AND AMOUNT OF
 MEMBERS WHO SHALL MAKE UP SUCH COMMITTEE SHALL BE CHOSEN BY THE  DEPART-
 MENT AS IT DEEMS NECESSARY.
   (B)  SUCH  COMMITTEE  SHALL  HAVE  ACCESS  TO  ALL PLACES WHERE VAPING
 PRODUCTS ARE STORED AND MAINTAINED  IN  ORDER  TO  EFFECTIVELY  MONITOR,
 REGULATE,  INSPECT  AND  GRADE  EACH  ELECTRONIC DISTRIBUTOR, AS WELL AS
 ACCESS TO ANY PLATFORM USED BY AN ELECTRONIC DISTRIBUTOR IN  THE  COURSE
 OF SELLING VAPING PRODUCTS.
   (C) SUCH COMMITTEE SHALL REPORT BACK TO THE DEPARTMENT AND COMMISSION-
 ER  WITH  THEIR  FINDINGS ON AN ANNUAL BASIS, AND SHALL MAKE RECOMMENDA-
 TIONS AS TO COURSES OF ACTION THAT SHOULD BE TAKEN, WHERE APPROPRIATE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.