S T A T E O F N E W Y O R K
________________________________________________________________________
4699
2025-2026 Regular Sessions
I N S E N A T E
February 11, 2025
___________
Introduced by Sen. CLEARE -- 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 requiring elec-
tronic cigarettes and e-liquid products to be sold in separate specif-
ic locations where only persons of at least twenty-one years of age
are allowed to enter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 1399-cc of the public health law,
as amended by chapter 100 of the laws of 2019, is amended and a new
subdivision 8 is added to read as follows:
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.
8. NO PERSON OPERATING A PLACE OF BUSINESS WHEREIN LIQUID NICOTINE OR
ELECTRONIC CIGARETTES ARE SOLD OR OFFERED FOR SALE SHALL SELL, PERMIT TO
BE SOLD, OFFER FOR SALE OR DISPLAY FOR SALE ANY LIQUID NICOTINE OR ELEC-
TRONIC CIGARETTES UNLESS SUCH PLACE OF BUSINESS IS A PLACE TO WHICH
ADMISSION IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09387-01-5