S T A T E O F N E W Y O R K
________________________________________________________________________
11509
I N A S S E M B L Y
May 28, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to restricting the
sale of tobacco products; and to repeal 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. Subdivision 2 of section 1399-bb of the public health law
is REPEALED.
§ 2. Subdivisions 4 and 5 of section 1399-bb of the public health law,
as amended by 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 reason-
ably 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] BORN AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN.
5. The distribution of tobacco products, electronic cigarettes, vapor
products intended or reasonably expected to be used with or for the
consumption of nicotine, or herbal cigarettes pursuant to subdivision
two of this section 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, shall be made only to an indi-
vidual 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15979-02-6
A. 11509 2
of any individual who reasonably appears to be at least twenty-five
years of age; provided, however, that such appearance shall not consti-
tute a defense in any proceeding alleging the sale of a tobacco product,
electronic cigarette, 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] WAS BORN AFTER DECEMBER THIR-
TY-FIRST, TWO THOUSAND SEVEN.
§ 3. 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, 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 twenty-one years of age]
BORN AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN, 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] BORN AFTER
DECEMBER 31, 2007 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 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, shisha or
electronic cigarettes to an individual under twenty-one years of age]
WAS BORN AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVEN.
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
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 admis-
sion is restricted to persons twenty-one years of age or older].
§ 4. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, subdivision (d) as amended by chapter 100 of
the laws of 2019, is amended to read as follows:
A. 11509 3
§ 1399-dd. Sale of tobacco products, herbal cigarettes or electronic
cigarettes in vending machines. No person, firm, partnership, company or
corporation shall operate a vending machine which dispenses tobacco
products, herbal cigarettes or electronic cigarettes [unless such
machine is located: (a) in a bar as defined in subdivision one of
section thirteen hundred ninety-nine-n of this chapter, or the bar area
of a food service establishment with a valid, on-premises full liquor
license; (b) in a private club; (c) in a tobacco business as defined in
subdivision eight of section thirteen hundred ninety-nine-aa of this
article; or (d) in a place of employment which has an insignificant
portion of its regular workforce comprised of people under the age of
twenty-one years and only in such locations that are not accessible to
the general public; provided, however, that in such locations the vend-
ing 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 desig-
nated agent or employee].
§ 5. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
public health law, as amended by chapter 100 of the laws of 2019, 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 twenty-one years of age] BORN AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND SEVEN, and shall post in a conspicuous place a sign upon which
there shall be imprinted the following statement, "SALE OF BIDIS TO
PERSONS [UNDER TWENTY-ONE YEARS OF AGE] BORN AFTER DECEMBER 31, 2007 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 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 alleging the sale of a tobacco product to an individual under
twenty-one years of age] WAS BORN AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND SEVEN.
§ 6. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of
section 1399-mm of the public health law, as amended by chapter 100 of
the laws of 2019, are amended to read as follows:
1. No person shall knowingly sell or provide gutka to any other person
[under twenty-one years of age] BORN AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND SEVEN. 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 twenty-one years of age] BORN AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND SEVEN, and shall post in a conspicuous place a sign upon which
there shall be imprinted the following statement, "SALE OF GUTKA TO
PERSONS [UNDER TWENTY-ONE YEARS OF AGE] BORN AFTER DECEMBER 31, 2007 IS
PROHIBITED BY LAW." Such sign shall be printed on a white card in red
letters at least one-half inch in height.
A. 11509 4
(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 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 alleging the sale of a tobacco product to an individual under
twenty-one years of age] WAS BORN AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND SEVEN.
§ 7. This act shall take effect January 1, 2028.