Assembly Bill A10377

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10377
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Eachus) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  the  labeling,
   marketing  and  safety  requirements of vapor products and the sale of
   tobacco and vapor 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-bb-1 to read as follows:
   § 1399-BB-1. LABELING, MARKETING AND SAFETY REQUIREMENTS. 1.  MANUFAC-
 TURERS OF VAPOR PRODUCTS SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:
   (A)  E-LIQUID BOTTLES SHALL MEET THE CHILD PROOF CAP AND CHILD RESIST-
 ANT  EFFECTIVENESS  REQUIREMENTS  SET  FORTH  IN  THE   FEDERAL   POISON
 PREVENTION PACKAGING STANDARDS AT 16 CFR 1700.15(B)(1).
   (B)  VAPOR  PRODUCTS  SHALL  INCLUDE  THE  NICOTINE  WARNING STATEMENT
 REQUIREMENTS SET FORTH IN 21 CFR 1143.3.
   2. MANUFACTURERS AND RETAILERS OF VAPOR PRODUCTS  SHALL  NOT  SELL  OR
 OFFER FOR SALE ANY VAPOR PRODUCT THAT:
   (A)  USES,  IN THE LABELING OR DESIGN OF THE PRODUCT OR ITS PACKAGING,
 OR IN ITS MARKETING MATERIALS:
   (I) THE TERMS "CANDY", "CANDIES", OR  VARIANTS  IN  SPELLING  SUCH  AS
 "KANDY" OR "KANDEEZ", (WITH THE EXCEPTION OF USE IN THE NAME OF A LICEN-
 SEE, INCLUDING THE LICENSEE'S DOING BUSINESS AS NAME);
   (II) THE TERMS "BUBBLE GUM", "COTTON CANDY", "GUMMY BEAR", "LOLLIPOP",
 OR  OTHER VARIANTS OF THESE WORDS (WITH THE EXCEPTION OF USE IN THE NAME
 OF A LICENSEE, INCLUDING THE LICENSEE'S DOING BUSINESS AS NAME);
   (III) THE TERMS "CAKE", "CUPCAKE", "PIE", OR ANY  OTHER  VARIATION  OF
 THESE  WORDS, OR ANY OTHER TERM REFERENCING TYPES OF "CAKES", "CUPCAKES"
 OR "PIES" THAT DO NOT INCLUDE THE FOREGOING WORDS;
   (IV) THE TERMS "ICE CREAM", "SHERBET", "POPSICLE", "FUDGE BAR",  "BOMB
 POP", OR ANY OTHER VARIATION OF THESE WORDS;
   (B)  USES,  IN THE LABELING OR DESIGN OF THE PRODUCT OR ITS PACKAGING,
 OR IN ITS MARKETING MATERIALS, IMAGES  OF  OR  REFERENCES  TO  CARTOONS,
 CARTOON  CHARACTERS,  SUPERHEROES,  TELEVISION  SHOWS,  VIDEO  GAMES, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11704-01-3
 A. 10377                            2
 
 MOVIES, OR OTHER  SIMILAR  CHARACTERS  OR  REFERENCES,  THAT  HAVE  BEEN
 COMMONLY USED TO MARKET PRODUCTS TO MINORS;
   (C)  USES,  IN THE LABELING OR DESIGN OF THE PRODUCT OR ITS PACKAGING,
 OR IN ITS MARKETING MATERIALS, TRADE DRESS, TRADEMARKS, OR OTHER RELATED
 IMAGERY THAT IMITATE OR REPLICATE  TRADE  DRESS,  TRADEMARKS,  OR  OTHER
 IMAGERY  OF  FOOD BRANDS OR PRODUCTS THAT HAVE BEEN COMMONLY MARKETED TO
 MINORS SUCH AS BRANDS OF BREAKFAST CEREALS, COOKIES, JUICE DRINKS,  SOFT
 DRINKS, ICE CREAMS, AND FROZEN POPS.
   §  2.  Section 1399-cc of the public health law is amended by adding a
 new subdivision 8 to read as follows:
   8. (A) NO INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE  SHALL  PRESENT  TO
 ANY  RETAILER  OR  OTHER  PERSON ANY FORM OF IDENTIFICATION THAT FALSELY
 REPRESENTS THE INDIVIDUAL'S APPEARANCE, IDENTITY OR AGE.
   (B) IF AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE VIOLATES  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION, HE OR SHE SHALL BE GUILTY OF A PETTY OFFENSE
 AND THE COURT MAY IMPOSE A SENTENCE OF TWENTY-FIVE  HOURS  OF  COMMUNITY
 SERVICE  AND  A  FINE  OF  FIFTY DOLLARS FOR A FIRST VIOLATION. A SECOND
 VIOLATION BY A MINOR THAT OCCURS WITHIN TWELVE MONTHS  AFTER  THE  FIRST
 VIOLATION  SHALL BE PUNISHABLE BY FIFTY HOURS OF COMMUNITY SERVICE AND A
 FINE OF SEVENTY-FIVE DOLLARS. A THIRD OR SUBSEQUENT VIOLATION BY A MINOR
 THAT OCCURS WITHIN TWELVE MONTHS AFTER  THE  FIRST  VIOLATION  SHALL  BE
 PUNISHABLE BY FIFTY HOURS OF COMMUNITY SERVICE AND A FINE OF TWO HUNDRED
 DOLLARS AND SHALL RESULT IN A SUSPENSION OF THE MINOR'S DRIVER'S LICENSE
 FOR A PERIOD NOT TO EXCEED SIX MONTHS, IF APPLICABLE.
   § 3. Section 1399-dd-1 of the public health law is amended by adding a
 new subdivision 3 to read as follows:
   3.  MANUFACTURERS  AND RETAILERS OF TOBACCO PRODUCTS OR VAPOR PRODUCTS
 SHALL NOT ADVERTISE OR MARKET  ANY  TOBACCO  PRODUCT  OR  VAPOR  PRODUCT
 UNLESS THE ADVERTISEMENTS MEET THE FOLLOWING REQUIREMENTS:
   (A)  ADVERTISEMENTS  PLACED  IN  OR  ON BROADCAST OR CABLE TELEVISION,
 RADIO, PRINT, AND DIGITAL COMMUNICATIONS,  OR  ANY  EVENT  MARKETING  OR
 SPONSORSHIPS,  SHALL  ONLY BE MADE WHERE AT LEAST EIGHTY-FIVE PERCENT OF
 THE INTENDED AUDIENCE IS REASONABLY EXPECTED TO BE TWENTY-ONE  YEARS  OF
 AGE OR OLDER, AS DETERMINED BY RELIABLE, UP-TO-DATE AUDIENCE COMPOSITION
 DEMOGRAPHIC DATA OR EVENT ORGANIZER RESTRICTIONS;
   (B)  ADVERTISEMENTS  SHALL  NOT  BE MATERIALLY FALSE OR UNTRUE AND ANY
 STATEMENT  CONTAINED  THEREIN  SHALL  BE  CONSISTENT  WITH  THE  TOBACCO
 PRODUCT'S OR VAPOR PRODUCT'S LABELING;
   (C)  ADVERTISEMENTS SHALL NOT CONTAIN ANY HEALTH, MEDICINAL, OR THERA-
 PEUTIC CLAIMS;
   (D) ADVERTISEMENTS ON BILLBOARD SIGNS SHALL NOT BE WITHIN ONE THOUSAND
 FEET OF A PRIMARY OR SECONDARY  SCHOOL,  PLAYGROUND,  OR  YOUTH  CENTER;
 PROVIDED,  HOWEVER,  THAT WITHIN THE CITY OF NEW YORK, SUCH PROHIBITIONS
 SHALL ONLY APPLY WITHIN FIVE HUNDRED FEET  OF  A  PRIMARY  OR  SECONDARY
 SCHOOL, PLAYGROUND OR YOUTH CENTER; AND
   (E) ANY SPOKESPEOPLE OR MODELS USED IN ANY ADVERTISING SHALL APPEAR TO
 BE AT LEAST TWENTY-SEVEN YEARS OF AGE.
   §  4.  Section 1399-aa of the public health law is amended by adding a
 new subdivision 19 to read as follows:
   19. "ADULT-ONLY STORE" MEANS A RETAIL STORE OPERATED BY A RETAIL DEAL-
 ER OR VAPOR PRODUCTS DEALER TO WHICH ADMISSION IS RESTRICTED TO  PERSONS
 TWENTY-ONE YEARS OF AGE OR OLDER AND WHICH POSTS SIGNAGE ON THE ENTRANCE
 TO  SUCH  STORE  WHICH  STATES  "MINORS UNDER 21 AND UNACCOMPANIED BY AN
 ADULT ARE NOT ALLOWED ON THE PREMISES."
   § 5. Section 1399-mm-1 of the public health law is amended by adding a
 new subdivision 5 to read as follows:
 A. 10377                            3
 
   5. THE PROVISIONS OF  THIS  SECTION  SHALL  NOT  APPLY  TO  ANY  VAPOR
 PRODUCTS  DEALER,  OR  ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER,
 WHO SELLS OR OFFERS FOR SALE, OR WHO POSSESSES WITH INTENT  TO  SELL  OR
 OFFER  FOR  SALE,  ANY  FLAVORED  VAPOR  PRODUCT  INTENDED OR REASONABLY
 EXPECTED  TO  BE  USED  WITH  OR  FOR  THE CONSUMPTION OF NICOTINE IN AN
 ADULT-ONLY STORE.
   § 6. The public  health  law  is  amended  by  adding  a  new  section
 1399-cc-1 to read as follows:
   §  1399-CC-1.  THIRD-PARTY SALES PROHIBITED. 1. ANY PERSON WHO SELLS A
 TOBACCO PRODUCT OR VAPOR PRODUCT TO A CONSUMER WITHOUT A PROPER  LICENSE
 SHALL BE SUBJECT TO THE FOLLOWING PENALTIES:
   (A) THE FIRST VIOLATION SHALL RESULT IN A MINIMUM FINE OF ONE THOUSAND
 DOLLARS;
   (B)  THE SECOND VIOLATION SHALL RESULT IN A MINIMUM FINE OF FIVE THOU-
 SAND DOLLARS;
   (C) THE THIRD VIOLATION  SHALL  RESULT  IN  A  FINE  OF  TEN  THOUSAND
 DOLLARS.
   2.  ANY VIOLATION OF THIS SECTION THAT OCCURS ON SCHOOL PROPERTY SHALL
 BE CONSIDERED AN AGGRAVATING FACTOR AND SHALL AT A MINIMUM BE CONSIDERED
 A MISDEMEANOR UNDER THE LAWS OF THIS STATE.
   3. IT SHALL BE UNLAWFUL TO SELL MORE  THAN  TWO  ELECTRONIC  CIGARETTE
 DEVICES  AND  MORE  THAN  FIVE  PACKAGES  OR  BOTTLES OF E-LIQUID IN ONE
 CONSUMER TRANSACTION.
   § 7. This act shall take effect immediately.