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This entry was published on 2014-09-22
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SECTION 480-C
Prohibition against the sale of certain tobacco products
Tax (TAX) CHAPTER 60, ARTICLE 20
§ 480-c. Prohibition against the sale of certain tobacco products. 1.
Every tobacco product manufacturer, as defined by section thirteen
hundred ninety-nine-oo of the public health law, whose roll-your-own
tobacco is sold for consumption in this state, must annually certify
under penalty of perjury that, as of the date of that certification, the
tobacco product manufacturer: (a) is a participating manufacturer as
defined in subdivision one of section thirteen hundred ninety-nine-pp of
the public health law; or (b) is in full compliance with subdivision two
of section thirteen hundred ninety-nine-pp of the public health law. The
certification must be executed and delivered to the commissioner, the
attorney general, and any distributor of roll-your-own tobacco of such
tobacco product manufacturer, no earlier than the sixteenth day of April
and no later than the thirtieth day of April of each year, and must be
accompanied by a list setting forth each of the brands of roll-your-own
tobacco of the tobacco product manufacturer sold for consumption in New
York state. Distributors must retain the certifications for a period of
five years.

2. A distributor must not offer for sale or cause to be sold in this
state roll-your-own tobacco of a tobacco product manufacturer if either:
(a) the tobacco product manufacturer of the roll-your-own tobacco has
not provided the distributor with the certification required by
subdivision one of this section; or (b) the commissioner has notified
the distributor that the tobacco product manufacturer is in violation of
section thirteen hundred ninety-nine-pp of the public health law, or has
filed a false certification under subdivision one of this section, and
the distributor has not been notified by the commissioner that the
violation has ceased.

3. The commissioner must prescribe the form of the certification
required to be filed pursuant to subdivision one of this section, and is
authorized to collect and retain any information he or she may require
to assure compliance with this section by distributors and tobacco
product manufacturers.