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Senate Bill S7212A

2019-2020 Legislative Session

Regulates the online sale of smoking products

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Archive: Last Bill Status - In Senate Committee Health Committee

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Bill Amendments

2019-S7212 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ccc, Pub Health L

2019-S7212 - Summary

Requires all online sellers of smoking products to require a recipient, at the delivery address upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification; requires a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of health.

2019-S7212 - Sponsor Memo

2019-S7212 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7212
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
   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. The public health law is amended by adding  a  new  section
 1399-ccc to read as follows:
   §  1399-CCC. ONLINE SALE OF TOBACCO PRODUCTS. 1. ALL ONLINE SELLERS OF
 TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID  NICOTINE,  SHISHA,  ROLLING
 PAPERS,  ELECTRONIC CIGARETTES OR SMOKING PARAPHERNALIA PURCHASED ONLINE
 SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER  USED  TO  SHIP
 SUCH TOBACCO PRODUCT, HERBAL CIGARETTE, LIQUID NICOTINE, SHISHA, ROLLING
 PAPER,  ELECTRONIC  CIGARETTE OR SMOKING PARAPHERNALIA DIRECTLY TO A NEW
 YORK RESIDENT IS 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
 DEPARTMENT.
   2. ALL ONLINE SELLERS OF TOBACCO PRODUCTS, HERBAL  CIGARETTES,  LIQUID
 NICOTINE,  SHISHA,  ROLLING  PAPERS,  ELECTRONIC  CIGARETTES  OR SMOKING
 PARAPHERNALIA SHALL REQUIRE COMMON CARRIERS TO:
   (A) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS,  UPON  DELIVERY,  TO
 DEMONSTRATE  THAT  THE  RECIPIENT 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;
   (B) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM  OR  OTHER
 ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE DEPARTMENT; AND
   (C)  REFUSE  DELIVERY  WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
 TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID  IDENTIFICATION  AS
 REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02162-01-9

2019-S7212A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ccc, Pub Health L

2019-S7212A (ACTIVE) - Summary

Requires all online sellers of smoking products to require a recipient, at the delivery address upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification; requires a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of health.

2019-S7212A (ACTIVE) - Sponsor Memo

2019-S7212A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7212--A
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  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 the regulation of
   the online sale of smoking 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-ccc to read as follows:
   § 1399-CCC. ONLINE SALE OF SMOKING PRODUCTS. 1. ALL ONLINE SELLERS  OF
 ELECTRONIC  CIGARETTES  OR OTHER VAPING DEVICES, LIQUID NICOTINE, HERBAL
 CIGARETTES, ROLLING PAPERS OR  SMOKING  PARAPHERNALIA  PURCHASED  ONLINE
 SHALL  ENSURE  THAT  THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP
 SUCH ELECTRONIC CIGARETTES OR  OTHER  VAPING  DEVICE,  LIQUID  NICOTINE,
 HERBAL CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA DIRECTLY TO A
 NEW  YORK  RESIDENT  IS  CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS
 SMOKING PRODUCTS - SIGNATURE OF PERSON AGE  21  OR  OLDER  REQUIRED  FOR
 DELIVERY  - NOT FOR RESALE" OR WITH OTHER LANGUAGE SPECIFICALLY APPROVED
 BY THE DEPARTMENT.
   2. ALL  ONLINE  SELLERS  OF  ELECTRONIC  CIGARETTES  OR  OTHER  VAPING
 DEVICES,  LIQUID  NICOTINE, HERBAL CIGARETTES, ROLLING PAPERS OR SMOKING
 PARAPHERNALIA SHALL REQUIRE COMMON CARRIERS TO:
   (A) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS,  UPON  DELIVERY,  TO
 DEMONSTRATE  THAT  THE  RECIPIENT 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;
   (B) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM  OR  OTHER
 ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE DEPARTMENT; AND
   (C)  REFUSE  DELIVERY  WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
 TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID  IDENTIFICATION  AS
 REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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