LBD15123-03-4
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(f) factories as defined in subdivision nine of section thirteen
hundred ninety-nine-aa of this article and construction sites; provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of [eighteen] TWENTY-ONE.
S 4. Subdivision 4 of section 1399-bb of the public health law, as
amended by chapter 508 of the laws of 2000, is amended and a new subdi-
vision 5 is added to read as follows:
4. The distribution of tobacco products [or], herbal cigarettes OR
ELECTRONIC CIGARETTES pursuant to subdivision two of this section shall
be made only to an individual who demonstrates, through a driver's
license or other photographic identification card issued by a government
entity or educational institution indicating that the individual is at
least [eighteen] TWENTY-ONE years of age. Such identification need not
be required of any individual who reasonably appears to be at least
[twenty-five] THIRTY years of age; provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the sale
of a tobacco product [or], herbal cigarette OR ELECTRONIC CIGARETTE to
an individual UNDER TWENTY-ONE YEARS OF AGE.
5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
S 5. Subdivisions 2, 3 and 7 of section 1399-cc of the public health
law, as amended by chapter 448 of the laws of 2012, are amended and a
new subdivision 8 is added to read as follows:
2. Any person operating a place of business wherein tobacco products,
herbal cigarettes, shisha or electronic cigarettes, are sold or offered
for sale is prohibited from selling such products, herbal cigarettes,
shisha, electronic cigarettes or smoking paraphernalia to individuals
under [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which there shall be imprinted the following
statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBAC-
CO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC
CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER
[EIGHTEEN] 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, 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 driv-
er's license or non-driver's identification card issued by the commis-
sioner 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 identification card issued by
the armed forces of the United States, indicating that the individual is
at least [eighteen] TWENTY-ONE years of age. Such identification need
not be required of any individual who reasonably appears to be at least
[twenty-five] THIRTY years of age, provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the sale
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of a tobacco product, herbal cigarettes, shisha or electronic cigarettes
to an individual under [eighteen] TWENTY-ONE years of age.
7. No person operating a place of business wherein tobacco products,
herbal cigarettes, 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, shisha or electronic ciga-
rettes 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 [eighteen]
TWENTY-ONE years of age or older.
8. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
S 6. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, is amended to read as follows:
S 1399-dd. 1. Sale of tobacco products, herbal cigarettes or electron-
ic 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 thir-
teen 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 regu-
lar workforce comprised of people under the age of [eighteen] TWENTY-ONE
years and only in such locations that are not accessible to the general
public; provided, however, that in such locations the vending 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 designated agent or
employee.
2. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
S 7. Subdivision 1 of section 1399-ff of the public health law, as
amended by chapter 448 of the laws of 2012, is amended and a new subdi-
vision 4 is added to read as follows:
1. Where a civil penalty for a particular incident has not been
imposed or an enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred nine-
ty-nine-ee of this article, a parent or guardian of a [minor] PERSON
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UNDER TWENTY-ONE YEARS OF AGE to whom tobacco products, herbal ciga-
rettes or electronic cigarettes are sold or distributed in violation of
this article may submit a complaint to an enforcement officer setting
forth the name and address of the alleged violator, the date of the
alleged violation, the name and address of the complainant and the
[minor] PERSON UNDER TWENTY-ONE YEARS OF AGE, and a brief statement
describing the alleged violation. The enforcement officer shall notify
the alleged violator by certified or registered mail, return receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for a hearing on
the complaint. Such notice shall contain the information submitted by
the complainant.
4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF
ANY COUNTY, CITY, TOWN OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR
ORDINANCE WHICH IMPOSES STRICTER RESTRICTIONS AND CONDITIONS ON THE
MINIMUM AGE REQUIREMENT PROVIDED OR AUTHORIZED BY THIS SECTION, SO LONG
AS SUCH LOCAL LAW OR ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO
PROTECT THE ORDER, CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF
PERSONS OR PROPERTY. NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR
INVALIDATE ANY LOCAL LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF
THIS SUBDIVISION.
S 8. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the
public health law, as added by chapter 518 of the laws of 2000, 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 [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which there shall be imprinted the following
statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] 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.
(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 [eighteen] TWEN-
TY-ONE years of age. Such identification need not be required of any
individual who reasonably appears to be at least [twenty-five] THIRTY
years of age, provided, however, that such appearance shall not consti-
tute a defense in any proceeding alleging the sale of a tobacco product
to an individual under [eighteen] TWENTY-ONE years of age.
S 9. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of
section 1399-mm of the public health law, as added by chapter 549 of the
laws of 2003, are amended to read as follows:
1. No person shall knowingly sell or provide gutka to any other person
under [eighteen] TWENTY-ONE years of age. 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 [eighteen] TWENTY-ONE years of age, and shall post in a conspicu-
ous place a sign upon which there shall be imprinted the following
statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] 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.
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(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 [eighteen] TWEN-
TY-ONE years of age. Such identification need not be required of any
individual who reasonably appears to be at least [twenty-five] THIRTY
years of age, provided, however, that such appearance shall not consti-
tute a defense in any proceeding alleging the sale of a tobacco product
to an individual under [eighteen] TWENTY-ONE years of age.
S 10. Subdivision 3 of section 260.21 of the penal law, as added by
chapter 362 of the laws of 1992, is amended to read as follows:
3. He OR SHE sells or causes to be sold tobacco in any form to a child
less than [eighteen] TWENTY-ONE years old, HOWEVER NOTHING IN THIS
SECTION SHALL BE DEEMED TO LIMIT THE AUTHORITY OF ANY COUNTY, CITY, TOWN
OR VILLAGE TO ADOPT OR AMEND ANY LOCAL LAW OR ORDINANCE WHICH IMPOSES
STRICTER RESTRICTIONS AND CONDITIONS ON THE MINIMUM AGE REQUIREMENT
PROVIDED OR AUTHORIZED BY THIS SUBDIVISION, SO LONG AS SUCH LOCAL LAW OR
ORDINANCE IS CONSISTENT WITH THE AUTHORITY TO PROTECT THE ORDER,
CONDUCT, HEALTH, SAFETY AND GENERAL WELFARE OF PERSONS OR PROPERTY.
NOTHING IN THIS SECTION SHALL BE DEEMED TO ALTER OR INVALIDATE ANY LOCAL
LAW OR ORDINANCE IN EFFECT ON THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND FOURTEEN THAT AMENDED THIS SUBDIVISION.
S 11. Section 17-714 of the administrative code of the city of New
York, as amended by local law number 69 of the city of New York for the
year 2009, is amended to read as follows:
S 17-714 Sale of herbal cigarettes to minors prohibited. It shall be
unlawful for any person to sell or offer for sale herbal cigarettes to
an individual under [eighteen] TWENTY-ONE years of age.
S 12. 1. For the purposes of this section, the following terms shall
have the following meanings:
(a) "Electronic cigarette" shall have the same meaning as the term is
defined in section 1399-aa of the public health law.
(b) "Refillable electronic cigarette" shall mean an electronic ciga-
rette that is designed to allow for cartridges to be removed and
replaced with new cartridges of liquid nicotine.
(c) "Non-refillable electronic cigarette" shall mean an electronic
cigarette that is designed to have a finite number of uses and not
intended to be refilled with liquid nicotine cartridges.
(d) "Liquid nicotine" shall mean a liquid composed of nicotine and
other chemicals, which is sold as a product that may be used in an elec-
tronic cigarette.
2. Within sixty days of the effective date of this act, the department
of health shall commence to examine and evaluate the effects of elec-
tronic cigarettes on the public health. Such study shall examine:
(a) the possible adverse health effects of the vapor released from
electronic cigarettes;
(b) the effectiveness of electronic cigarettes as a smoking cessation
tool;
(c) the occurrence of nicotine addiction when using an electronic
cigarette as opposed to a cigarette or other tobacco products;
(d) the chemical composition of liquid nicotine used to refill elec-
tronic cigarettes and any threat to public health from such liquid nico-
tine;
(e) the possible adverse health effects from exposure to liquid nico-
tine that is sold to refill electronic cigarettes; and
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(f) the different threats to public health from the use of refillable
versus non-refillable electronic cigarette systems.
3. Within one year of the effective date of this act, the commissioner
of health shall report to the governor and the legislature the depart-
ment of health's findings and make any recommendations he or she shall
deem necessary.
S 13. This act shall take effect immediately; provided however that
sections one through eleven of this act shall take effect on the nineti-
eth day after it shall have become a law.