Assembly Bill A10434

2017-2018 Legislative Session

Regulates the online sale of tobacco products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A10434 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ccc, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
A340

2017-A10434 (ACTIVE) - Summary

Requires all online sellers of tobacco products to require a recipient, at the delivery address upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification; requires a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of health.

2017-A10434 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10434
 
                           I N  A S S E M B L Y
 
                              April 20, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to the regulation  of
   the online sale of tobacco 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-ccc to read as follows:
   §  1399-CCC. ONLINE SALE OF TOBACCO PRODUCTS. 1. ALL ONLINE SELLERS OF
 TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID  NICOTINE,  SHISHA,  ROLLING
 PAPERS,  ELECTRONIC CIGARETTES OR SMOKING PARAPHERNALIA PURCHASED ONLINE
 SHALL ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER  USED  TO  SHIP
 SUCH TOBACCO PRODUCT, HERBAL CIGARETTE, LIQUID NICOTINE, SHISHA, ROLLING
 PAPER,  ELECTRONIC  CIGARETTE OR SMOKING PARAPHERNALIA DIRECTLY TO A NEW
 YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE WORDS: "CONTAINS TOBACCO
 PRODUCTS - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR  DELIVERY  -
 NOT  FOR  RESALE"  OR  WITH  OTHER LANGUAGE SPECIFICALLY APPROVED BY THE
 DEPARTMENT.
   2. ALL ONLINE SELLERS OF TOBACCO PRODUCTS, HERBAL  CIGARETTES,  LIQUID
 NICOTINE,  SHISHA,  ROLLING  PAPERS,  ELECTRONIC  CIGARETTES  OR SMOKING
 PARAPHERNALIA SHALL REQUIRE COMMON CARRIERS TO:
   (A) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS,  UPON  DELIVERY,  TO
 DEMONSTRATE  THAT  THE  RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY
 PROVIDING A VALID FORM  OF  PHOTOGRAPHIC  IDENTIFICATION  AUTHORIZED  BY
 SUBDIVISION  THREE  OF  SECTION  THIRTEEN HUNDRED NINETY-NINE-CC OF THIS
 ARTICLE;
   (B) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM  OR  OTHER
 ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE DEPARTMENT; AND
   (C)  REFUSE  DELIVERY  WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
 TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID  IDENTIFICATION  AS
 REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15343-02-8

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