S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    187
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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  requiring  a
   prescription from a licensed physician in order to obtain an electron-
   ic  cigarette;  and  repealing 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.  The  public health law is amended by adding a new section
 1399-ddd to read as follows:
   § 1399-DDD. PRESCRIPTION REQUIRED FOR ELECTRONIC CIGARETTE USE. 1. FOR
 PURPOSES OF THIS SECTION, "ELECTRONIC CIGARETTE"  SHALL  HAVE  THE  SAME
 MEANING  AS  IN SUBDIVISION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-
 NINE-AA OF THIS ARTICLE.
   2. (A) ELECTRONIC CIGARETTES SHALL BE MADE AVAILABLE ONLY TO  INDIVID-
 UALS OVER THE AGE OF EIGHTEEN WHO HAVE BEEN PRESCRIBED TO USE SUCH ELEC-
 TRONIC  CIGARETTES  BY  A  LICENSED  PHYSICIAN  AUTHORIZED TO ISSUE SUCH
 PRESCRIPTIONS. PURCHASING,  OBTAINING  OR  USING  ELECTRONIC  CIGARETTES
 WITHOUT  A VALID PRESCRIPTION FROM A LICENSED PHYSICIAN SHALL BE PROHIB-
 ITED AND BE DEEMED A VIOLATION OF THIS SECTION.
   (B) ELECTRONIC CIGARETTES SHALL ONLY BE  MADE  AVAILABLE  THROUGH  ANY
 INDIVIDUAL,  FIRM, CORPORATION OR ASSOCIATION WHO IS LICENSED AND REGIS-
 TERED TO OPERATE AS A PHARMACY PURSUANT TO ARTICLE ONE  HUNDRED  THIRTY-
 SEVEN OF THE EDUCATION LAW.
   3.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. Subdivision 11 of section 1399-n of  the  public  health  law  is
 REPEALED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00679-01-3
 A. 187                              2
              

 
   §  3.  The section heading and opening paragraph of section 1399-dd of
 the public health law, as amended by chapter 448 of the  laws  of  2012,
 are amended to read as follows:
   Sale  of tobacco products[,] OR herbal cigarettes [or electronic ciga-
 rettes] in vending machines. No person, firm,  partnership,  company  or
 corporation  shall  operate  a  vending  machine which dispenses tobacco
 products[,] OR herbal cigarettes [or electronic cigarettes] unless  such
 machine is located:
   § 4. 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
 reasonably 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].
   5.  The  distribution of tobacco products[, electronic cigarettes,] OR
 vapor products intended or reasonably expected to be used  with  or  for
 the  consumption  of nicotine, or herbal cigarettes pursuant to subdivi-
 sion two of this section or the distribution without  charge  of  [elec-
 tronic cigarettes, or] vapor products intended or reasonably expected to
 be  used  with or for the consumption of nicotine, shall be made only to
 an individual 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
 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 prod-
 uct[, electronic cigarette,] OR 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.
   § 5. 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,]  OR shisha [or electronic ciga-
 rettes,] 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,  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 IS PROHIBITED BY LAW." Such sign  shall  be  printed  on  a
 white card in red letters at least one-half inch in height.
 A. 187                              3
 
   3.  Sale of tobacco products, herbal cigarettes[, liquid nicotine,] OR
 shisha [or electronic cigarettes] in such places, other than by a  vend-
 ing  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,]  OR
 shisha  [or  electronic  cigarettes]  to  an individual under twenty-one
 years of age.
   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.
   § 6. This act shall take effect immediately.