S T A T E O F N E W Y O R K
________________________________________________________________________
2833
2019-2020 Regular Sessions
I N S E N A T E
January 29, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the penal law, in relation to
increasing the purchasing age for tobacco products from eighteen to
twenty-one
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 1399-aa of the public health law,
as added by chapter 799 of the laws of 1992, is amended to read as
follows:
4. "Private club" means an organization with no more than an insignif-
icant portion of its membership comprised of people under the age of
[eighteen] TWENTY-ONE years that regularly receives dues and/or payments
from its members for the use of space, facilities and services.
§ 2. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb
of the public health law, as amended by chapter 13 of the laws of 2003,
are amended to read as follows:
(b) conventions and trade shows; provided that the distribution is
confined to designated areas generally accessible only to persons over
the age of [eighteen] TWENTY-ONE;
(c) events sponsored by tobacco or herbal cigarette manufacturers
provided that the distribution is confined to designated areas generally
accessible only to persons over the age of [eighteen] TWENTY-ONE;
(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] TWENTY-ONE.
§ 3. Subdivisions 4 and 5 of section 1399-bb of the public health law,
as amended by chapter 4 of the laws of 2018, are amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00518-02-9
S. 2833 2
4. No person engaged in the business of selling or otherwise distrib-
uting electronic cigarettes for commercial purposes, or any agent or
employee of such person, shall knowingly, in furtherance of such busi-
ness, distribute without charge any electronic cigarettes to any indi-
vidual under [eighteen] TWENTY-ONE years of age.
5. The distribution of tobacco products or herbal cigarettes pursuant
to subdivision two of this section or the distribution without charge of
electronic cigarettes shall be made only to an individual who demon-
strates, 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] TWENTY-ONE 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 alleg-
ing the sale of a tobacco product, electronic cigarette or herbal ciga-
rette or the distribution without charge of electronic cigarettes to an
individual.
§ 4. Subdivisions 2, 3 and 7 of section 1399-cc of the public health
law, as amended by chapter 542 of the laws of 2014, are amended to read
as follows:
2. Any person operating a place of business wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
sold or offered for sale is prohibited from selling such products,
herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or
smoking paraphernalia to individuals under [eighteen] TWENTY-ONE years
of age, and shall post in a conspicuous place a sign upon which there
shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS,
CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS,
HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING
PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE
YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a
white card in red letters at least one-half inch in height.
3. Sale of tobacco products, herbal cigarettes, liquid nicotine,
shisha or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who demonstrates, through
(a) a valid driver's license or non-driver's identification card issued
by the commissioner of motor vehicles, the federal 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 passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the United States, indicating
that the individual is at least [eighteen] TWENTY-ONE 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 alleg-
ing the sale of a tobacco product, herbal cigarettes, liquid nicotine,
shisha or electronic cigarettes to an individual under [eighteen] TWEN-
TY-ONE years of age.
7. No person operating a place of business wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are
sold or offered for sale shall sell, permit to be sold, offer for sale
or display for sale any tobacco product, herbal cigarettes, liquid nico-
tine, shisha or electronic cigarettes in any manner, unless such
products and cigarettes are stored for sale (a) behind a counter in an
area accessible only to the personnel of such business, or (b) in a
S. 2833 3
locked container; provided, however, such restriction shall not apply to
tobacco businesses, as defined in subdivision eight of section thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons [eighteen] TWENTY-ONE years of age or older.
§ 5. Subdivision (d) of section 1399-dd of the public health law, as
amended by chapter 448 of the laws of 2012, is amended to read as
follows:
(d) in a place of employment which has an insignificant portion of its
regular workforce comprised of people under the age of [eighteen] TWEN-
TY-ONE years and only in such locations that are not accessible to the
general public; provided, however, that in such locations the vending
machine is located in plain view and under the direct supervision and
control of the person in charge of the location or his or her designated
agent or employee.
§ 6. Subdivision 1 of section 1399-ff of the public health law, as
amended by chapter 448 of the laws of 2012, is amended to read as
follows:
1. Where a civil penalty for a particular incident has not been
imposed or an enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred nine-
ty-nine-ee of this article, a parent or guardian of a [minor] PERSON
UNDER TWENTY-ONE YEARS OF AGE to whom tobacco products, herbal ciga-
rettes or electronic cigarettes are sold or distributed in violation of
this article may submit a complaint to an enforcement officer setting
forth the name and address of the alleged violator, the date of the
alleged violation, the name and address of the complainant and the
[minor] PERSON UNDER TWENTY-ONE YEARS OF AGE, and a brief statement
describing the alleged violation. The enforcement officer shall notify
the alleged violator by certified or registered mail, return receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for a hearing on
the complaint. Such notice shall contain the information submitted by
the complainant.
§ 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
public health law, as added by chapter 518 of the laws of 2000, are
amended to read as follows:
(b) Any person operating a tobacco business wherein bidis is sold or
offered for sale is prohibited from selling such bidis to individuals
under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which there shall be imprinted the following
statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
card in red letters at least one-half inch in height.
(c) Sales of bidis by a tobacco business shall be made only to an
individual who demonstrates, through a driver's license or other photo-
graphic identification card issued by a government entity or educational
institution indicating that the individual is at least [eighteen] TWEN-
TY-ONE 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 of a tobacco product to an
individual under [eighteen] TWENTY-ONE years of age.
§ 8. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of
section 1399-mm of the public health law, as added by chapter 549 of the
laws of 2003, are amended to read as follows:
S. 2833 4
1. No person shall knowingly sell or provide gutka to any other person
under [eighteen] TWENTY-ONE years of age. No other provision of law
authorizing the sale of tobacco products, other than subdivision two of
this section, shall authorize the sale of gutka. Any person who
violates the provisions of this subdivision shall be subject to a civil
penalty of not more than five hundred dollars.
(b) Any person operating a tobacco business wherein gutka is sold or
offered for sale is prohibited from selling such gutka to individuals
under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which there shall be imprinted the following
statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS
OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
card in red letters at least one-half inch in height.
(c) Sales of gutka by a tobacco business shall be made only to an
individual who demonstrates, through a driver's license or other photo-
graphic identification card issued by a government entity or educational
institution indicating that the individual is at least [eighteen] TWEN-
TY-ONE 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 of a tobacco product to an
individual under [eighteen] TWENTY-ONE years of age.
§ 9. Subdivision 3 of section 260.21 of the penal law, as added by
chapter 362 of the laws of 1992, is amended to read as follows:
3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than [eighteen] TWENTY-ONE years old.
§ 10. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
