Assembly Bill A668

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    668
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  requiring  a
   prescription from a licensed physician in order to obtain an electron-
   ic  cigarette;  and  repealing certain provisions of such law relating
   thereto
 
   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. PRESCRIPTION REQUIRED FOR ELECTRONIC CIGARETTE USE. 1. FOR
 PURPOSES OF THIS SECTION, "ELECTRONIC CIGARETTE"  SHALL  HAVE  THE  SAME
 MEANING  AS  IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-AA OF THIS ARTICLE.
   2. (A) ELECTRONIC CIGARETTES SHALL BE MADE AVAILABLE ONLY TO  INDIVID-
 UALS OVER THE AGE OF EIGHTEEN WHO HAVE BEEN PRESCRIBED TO USE SUCH ELEC-
 TRONIC  CIGARETTES  BY  A  LICENSED  PHYSICIAN  AUTHORIZED TO ISSUE SUCH
 PRESCRIPTIONS. PURCHASING,  OBTAINING  OR  USING  ELECTRONIC  CIGARETTES
 WITHOUT  A VALID PRESCRIPTION FROM A LICENSED PHYSICIAN SHALL BE PROHIB-
 ITED AND BE DEEMED A VIOLATION OF THIS SECTION.
   (B) ELECTRONIC CIGARETTES SHALL ONLY BE  MADE  AVAILABLE  THROUGH  ANY
 INDIVIDUAL,  FIRM, CORPORATION OR ASSOCIATION WHO IS LICENSED AND REGIS-
 TERED TO OPERATE AS A PHARMACY PURSUANT TO ARTICLE ONE  HUNDRED  THIRTY-
 SEVEN OF THE EDUCATION LAW.
   3.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. Subdivision 11 of section 1399-n of  the  public  health  law  is
 REPEALED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00798-01-1
              

 A. 668                              2
 
   §  3. Subdivisions 7 and 8 of section 1399-q of the public health law,
 as amended by chapter 335 of the laws of 2017, are amended  to  read  as
 follows:
   7.  Enclosed  rooms  in  food  service  establishments, bars, catering
 halls, convention halls, hotel and motel  conference  rooms,  and  other
 such similar facilities during the time such enclosed areas or rooms are
 being used exclusively for functions where the public is invited for the
 primary purpose of promoting and sampling tobacco products or electronic
 cigarettes,  and  the  service  of  food and drink is incidental to such
 purpose, provided that the sponsor or  organizer  gives  notice  in  any
 promotional  material or advertisements that smoking and vaping will not
 be restricted, and prominently posts  notice  at  the  entrance  of  the
 facility  and  has  provided  notice of such function to the appropriate
 enforcement officer, as defined in subdivision one of  section  thirteen
 hundred  ninety-nine-t of this article, at least two weeks prior to such
 function. The enforcement officer shall keep a  record  of  all  tobacco
 sampling  events,  and  such  record  shall be made available for public
 inspection. No such facility shall permit smoking and vaping under  this
 subdivision for more than two days in any calendar year[; and
   8.  Retail  electronic  cigarette  stores, provided however, that such
 stores may only permit the use of electronic cigarettes].
   § 4. The section heading and opening paragraph of section  1399-dd  of
 the  public  health  law, as amended by chapter 448 of the laws of 2012,
 are amended to read as follows:
   Sale of tobacco products[,] OR herbal cigarettes [or electronic  ciga-
 rettes]  in  vending  machines. No person, firm, partnership, company or
 corporation shall operate a  vending  machine  which  dispenses  tobacco
 products[,]  OR herbal cigarettes [or electronic cigarettes] unless such
 machine is located:
   § 5. Subdivisions 4 and 5 of section 1399-bb of the public health law,
 as by amended section 4 of part EE of chapter 56 of the  laws  of  2020,
 are amended to read as follows:
   4.  No  retail  dealer engaged in the business of selling or otherwise
 distributing [electronic  cigarettes  or]  vapor  products  intended  or
 reasonably  expected  to be used with or for the consumption of nicotine
 for commercial purposes[, or any agent or employee of such person, shall
 knowingly, in furtherance of such business,  distribute  without  charge
 any  electronic  cigarettes  to any individual under twenty-one years of
 age].
   5. The distribution of tobacco products[, electronic  cigarettes,]  OR
 vapor  products  intended  or reasonably expected to be used with or for
 the consumption of nicotine, or herbal cigarettes pursuant  to  subdivi-
 sion  two  of  this section or the distribution without charge of [elec-
 tronic cigarettes, or] vapor products intended or reasonably expected to
 be used with or for the consumption of nicotine, shall be made  only  to
 an  individual  who demonstrates, through (a) a driver's license or non-
 driver 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, (b)
 a valid passport issued by the United States government or  the  govern-
 ment  of  any other country, or (c) an identification card issued by the
 armed forces of the United States, indicating that the individual is  at
 least  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 consti-

 A. 668                              3

 tute a defense in any proceeding alleging the sale of  a  tobacco  prod-
 uct[,  electronic  cigarette,]  OR  vapor product intended or reasonably
 expected to be used with or for the consumption of nicotine,  or  herbal
 cigarette  or the distribution without charge of [electronic cigarettes,
 or] vapor products intended or reasonably expected to be  used  with  or
 for the consumption of nicotine to an individual.
   §  6.  Subdivisions 2, 3 and 7 of section 1399-cc of the public health
 law, as amended by chapter 100 of the laws of 2019, are amended to  read
 as follows:
   2.  Any person operating a place of business wherein tobacco products,
 herbal cigarettes[, liquid nicotine,] OR  shisha  [or  electronic  ciga-
 rettes,]  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 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  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,]  OR
 shisha  [or electronic cigarettes] in such places, other than by a vend-
 ing 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 twenty-one years of age. Such identifi-
 cation 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,  herbal  cigarettes[,  liquid  nicotine,]  OR
 shisha  [or  electronic  cigarettes]  to  an individual under twenty-one
 years of age.
   7. No person operating a place of business wherein  tobacco  products,
 herbal  cigarettes[,  liquid  nicotine,]  OR shisha [or electronic ciga-
 rettes] are sold or offered for sale shall  sell,  permit  to  be  sold,
 offer  for  sale  or  display for sale any tobacco product, herbal ciga-
 rettes[, liquid nicotine,] OR 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  locked  container;  provided,  however,  such
 restriction shall not apply to tobacco businesses, as defined in  subdi-
 vision eight of section thirteen hundred ninety-nine-aa of this article,
 and  to  places  to  which admission is restricted to persons twenty-one
 years of age or older.
   § 7. This act shall take effect immediately.