S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9110
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law and the tax law,  in  relation  to
   prohibiting the storage of flavored vapor products near where vapor or
   tobacco products are sold at retail or wholesale
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 17 and 18 of section 1399-aa of the  public
 health  law, subdivision 1 as amended by chapter 13 of the laws of 2003,
 and subdivisions 17 and 18 as added by section 2 of part EE  of  chapter
 56 of the laws of 2020, are amended to read as follows:
   1.  "Enforcement  officer"  means  the  enforcement officer designated
 pursuant to article thirteen-E of this chapter to enforce  such  article
 and hold hearings pursuant thereto; provided that in a city with a popu-
 lation of more than one million it shall also mean an officer or employ-
 ee  or  any  agency of such city that is authorized to enforce any local
 law of such city related to the regulation of the  sale  of  CIGARETTES,
 tobacco products, OR VAPOR PRODUCTS to minors.
   17.  "Vapor  products" means any noncombustible liquid or gel, regard-
 less of the presence of nicotine therein, that is  manufactured  into  a
 finished  product  for  use  in an electronic [cigarette, including any]
 device THAT DELIVERS VAPOR  WHICH  IS  INHALED,  INCLUDING  ANY  REFILL,
 CARTRIDGE,    DEVICE, OR COMPONENT THEREOF, that contains OR IS INTENDED
 TO BE USED WITH such noncombustible liquid or gel. "Vapor product" shall
 not include any device, or any component thereof, that does not  contain
 such noncombustible liquid or gel, or any product approved by the United
 States  food  and  drug  administration  as a drug or medical device, AS
 THOSE TERMS ARE DEFINED IN THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,  or
 manufactured  and  dispensed  pursuant  to [title five-A] ARTICLE THREE,
 FOUR, OR FIVE of [article thirty-three of  this  chapter]  THE  CANNABIS
 LAW.
   18. "Vapor products dealer" means a person licensed by the commission-
 er  of taxation and finance to sell vapor products [in this state], OR A
 PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11096-06-4
 A. 9110                             2
 
   § 2. Subdivision 2 and paragraph  (f)  of  subdivision  3  of  section
 1399-ee  of the   public  health law, as amended by section 6 of part EE
 of chapter 56 of the laws  of  2020, are amended to read as follows:
   2.  If  the  enforcement  officer  determines  after  a hearing that a
 violation of this article has occurred, [he or she] OR THAT A  STATE  OR
 LOCAL HEALTH OFFICIAL WAS DENIED ACCESS TO A RETAIL STORE INCLUDING  ALL
 PRODUCT DISPLAY AND STORAGE AREAS, FOR THE PURPOSE OF EVALUATING COMPLI-
 ANCE  WITH  THIS ARTICLE, THEY shall impose a civil penalty of a minimum
 of  three  hundred  dollars, but not to exceed one thousand five hundred
 dollars for a first violation, and a minimum of  one  thousand  dollars,
 but  not to exceed two thousand five hundred dollars for each subsequent
 violation, unless a different penalty  is  otherwise  provided  in  this
 article.  The  enforcement  officer  shall advise the retail dealer that
 upon the accumulation of three or more points pursuant to  this  section
 the department of taxation and finance shall suspend the dealer's regis-
 tration.  If  the  enforcement officer determines after a hearing that a
 retail dealer was selling tobacco OR VAPOR products while  their  regis-
 tration  was  suspended  or  permanently revoked pursuant to subdivision
 three or four of this section, [he or she] THEY  shall  impose  a  civil
 penalty of twenty-five hundred dollars.
   (f)  Surcharge.  A  [two]  FOUR hundred [fifty] dollar surcharge to be
 assessed for every violation will be made available to enforcement offi-
 cers and shall be used solely for compliance checks to be  conducted  to
 determine compliance with this section.
   §  3.  Subdivision  1  of section 1399-ff of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  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 person under twen-
 ty-one years of age to  whom  tobacco  products,  herbal  cigarettes  or
 [electronic  cigarettes]  VAPOR  PRODUCTS  are  sold  or  distributed in
 violation of this article may submit a complaint to an enforcement offi-
 cer 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 person under twenty-one years of age, and a brief statement describ-
 ing  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.  Subdivision  1  of section 1399-gg of the public health law, as
 amended by chapter 513 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  All  tobacco cigarettes OR VAPOR PRODUCTS sold or offered for sale
 by a retail dealer shall be sold or offered for  sale  in  the  package,
 box,  carton  or other container provided by the manufacturer, importer,
 or packager which bears all health warnings required by applicable law.
   § 5. The opening paragraph and subdivisions 2 and 3 of section 1399-hh
 of the public health law, as amended by section 8 of part EE of  chapter
 56 of the laws of 2020, are amended to read as follows:
   The  commissioner  shall  develop,  plan and implement a comprehensive
 program to reduce the prevalence of tobacco [use,] and  vapor  product[,
 intended  or  reasonably expected to be used with or for the consumption
 A. 9110                             3

 of nicotine,] use, particularly among persons less than twenty-one years
 of age. This program shall include, but not be limited to,  support  for
 enforcement of this article.
   2. The commissioner shall distribute such monies as are made available
 for  such purpose to enforcement officers and, in so doing, consider the
 number  of  licensed  vapor  products  dealers  OR  SELLERS  and  retail
 locations registered to sell tobacco products within the jurisdiction of
 the  enforcement  officer  and the level of proposed activities. FOR THE
 PURPOSES OF THIS SECTION, "SELLER" MEANS A PERSON, SOLE  PROPRIETORSHIP,
 CORPORATION,  LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE
 THAT DISTRIBUTES, SELLS OR OFFERS TO SELL,  WHETHER  THROUGH  RETAIL  OR
 WHOLESALE,  OR EXCHANGES OR OFFERS TO EXCHANGE FOR ANY FORM OF CONSIDER-
 ATION, CIGARETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS.  THIS DEFINITION
 IS WITHOUT REGARD TO THE QUANTITY OF CIGARETTES,  TOBACCO  PRODUCTS,  OR
 VAPOR  PRODUCTS  DISTRIBUTED,  SOLD,  OFFERED  FOR  SALE,  EXCHANGED, OR
 OFFERED FOR EXCHANGE.
   3. Monies made available to  enforcement  officers  pursuant  to  this
 section  shall  only  be  used  for  local  tobacco  and vapor product[,
 intended or reasonably expected to be used with or for  the  consumption
 of nicotine,] enforcement activities approved by the commissioner.
   §  6.  Subdivision  2  of section 1399-ii of the public health law, as
 amended by section 12 of part EE of chapter 56 of the laws of  2020,  is
 amended to read as follows:
   2.  The  department  shall  support  tobacco  and  vapor  product  use
 prevention and control activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use and use of
 vapor products;
   (c) Marketing and advertising to discourage tobacco[,] AND vapor prod-
 uct [and liquid nicotine] use, ESPECIALLY   AMONG   CONSUMERS    HISTOR-
 ICALLY TARGETED BY TOBACCO AND VAPOR PRODUCT ADVERTISING AND MANUFACTUR-
 ERS;
   (d) Nicotine cessation programs for youth and adults;
   (e)  Special  projects to reduce the disparities in smoking prevalence
 among various populations;
   (f)  Restriction  of  youth  access  to  tobacco  products  and  vapor
 products;
   (g) Surveillance of smoking and vaping rates; and
   (h)  Any  other activities determined by the commissioner to be neces-
 sary to implement the provisions of this section.
   Such programs shall be selected by the commissioner through an  appli-
 cation process which takes into account whether a program utilizes meth-
 ods  recognized  as  effective  in  reducing [nicotine] TOBACCO OR VAPOR
 PRODUCT use. Eligible applicants may include, but not be limited  to,  a
 health  care  provider, schools, a college or university, a local public
 health department, a public health organization, a health care  provider
 organization,  association  or  society,  municipal  corporation,  or  a
 professional education organization.
   § 7. Section 1399-ii-1 of the public health law, as added  by  section
 11  of  part EE of chapter 56 of the laws of 2020, is amended to read as
 follows:
   §  1399-ii-1.  [Electronic  cigarette  and   vaping]   VAPOR   PRODUCT
 prevention,  awareness  and  control program. The commissioner shall, in
 consultation and  collaboration  with  the  commissioner  of  education,
 establish and develop [an electronic cigarette and vaping] A VAPOR PROD-
 A. 9110                             4
 
 UCT  prevention,  control  and  awareness program within the department.
 Such program shall be designed to educate students, parents  and  school
 personnel  about  the health risks associated with vapor product use and
 control  measures to reduce the prevalence of vaping, particularly among
 persons less than twenty-one years of age.  Such program shall  include,
 but  not  be  limited  to, the creation of age-appropriate instructional
 tools and materials that may be used by all schools, and  marketing  and
 advertising materials to discourage [electronic cigarette] VAPOR PRODUCT
 use.
   §  8.  Subdivision  6  of section 1399-ll of the public health law, as
 amended by section 3 of part EE of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   6.  The  attorney  general  may  bring  an action to recover the civil
 penalties provided by subdivision five of  this  section  and  for  such
 other  relief  as  may be deemed necessary. In addition, the corporation
 counsel of any political subdivision that imposes a tax on cigarettes or
 vapor products [intended or reasonably expected to used with or for  the
 consumption of nicotine] may bring an action to recover the civil penal-
 ties  provided  by  subdivision  five of this section and for such other
 relief as may be deemed necessary with  respect  to  any  cigarettes  or
 vapor  products  [intended or reasonably expected to be used with or for
 the consumption of nicotine] shipped, caused to  be  shipped  or  trans-
 ported  in  violation  of this section to any person located within such
 political subdivision. All civil penalties obtained in any  such  action
 shall  be  retained  by the state or political subdivision bringing such
 action[, provided that no person shall be required to pay  civil  penal-
 ties  to  both the state and a political subdivision with respect to the
 same violation of this section].
   § 9. Section 1399-mm-1 of the public health law, as added by section 1
 of part EE of chapter 56 of the laws of 2020,  is  amended  to  read  as
 follows:
   § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
 of  this  section  "flavored"  shall mean any vapor product [intended or
 reasonably expected to be used with or for the consumption of nicotine,]
 with a [distinguishable] taste, [or] aroma, OR COOLING OR NUMBING SENSA-
 TION, DISTINGUISHABLE BY AN ORDINARY CUSTOMER, other than the  taste  or
 aroma of tobacco, imparted either prior to or during consumption of such
 product or a component part thereof, including but not limited to tastes
 or  aromas  relating  to  any  fruit,  chocolate, vanilla, honey, candy,
 cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb  or
 spice,  or  any  concept  flavor  that  imparts a taste or aroma that is
 distinguishable from tobacco flavor but may not relate to any particular
 known flavor. A vapor product [intended or  reasonably  expected  to  be
 used  with  or for the consumption of nicotine,] shall be presumed to be
 flavored if a product's  retailer,  manufacturer,  or  a  manufacturer's
 agent  or  employee  has  made  a  statement  or claim, OR OTHER ACTION,
 directed to consumers or the public, whether expressed or implied,  that
 such  product  or  device  has a [distinguishable] taste [or], aroma, OR
 COOLING OR NUMBING SENSATION, AS DISTINGUISHABLE BY THE ORDINARY CONSUM-
 ER, other than the taste [or], aroma, OR SENSATION of tobacco.
   2. No vapor products dealer, SELLER or any  agent  or  employee  of  a
 vapor products dealer OR SELLER, shall sell or offer for sale [at retail
 in  the  state],  OR  EXCHANGE  OR  OFFER  FOR EXCHANGE, FOR ANY FORM OF
 CONSIDERATION,  any  flavored  vapor  product  [intended  or  reasonably
 expected  to  be  used with or for the consumption of nicotine], WHETHER
 THROUGH RETAIL OR WHOLESALE.  FOR THE PURPOSES OF THIS  SECTION,  SELLER
 A. 9110                             5
 
 MEANS  A  PERSON,  SOLE  PROPRIETORSHIP,  CORPORATION, LIMITED LIABILITY
 COMPANY, PARTNERSHIP OR OTHER  ENTERPRISE  THAT  DISTRIBUTES,  SELLS  OR
 OFFERS  TO  SELL,  WHETHER  THROUGH RETAIL OR WHOLESALE, OR EXCHANGES OR
 OFFERS  TO EXCHANGE, FOR ANY FORM OF CONSIDERATION, VAPOR PRODUCTS. THIS
 DEFINITION IS WITHOUT REGARD TO THE QUANTITY OF VAPOR PRODUCTS  DISTRIB-
 UTED, SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE.
   3.  NO  VAPOR  PRODUCTS DEALER OR SELLER OR ANY AGENT OR EMPLOYEE OF A
 VAPOR PRODUCTS DEALER OR SELLER, ACTING IN THE CAPACITY  THEREOF,  SHALL
 KEEP  IN  INVENTORY,  STORE, STOW, WAREHOUSE, PROCESS, PACKAGE, SHIP, OR
 DISTRIBUTE FLAVORED VAPOR OR TOBACCO PRODUCTS ANYWHERE IN, ADJACENT  TO,
 OR  ACCESSIBLE  TO  A PLACE OF BUSINESS OR PREMISES WHERE VAPOR PRODUCTS
 ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR  ANY
 FORM OF CONSIDERATION, AT RETAIL.
   4.  Any vapor products dealer OR SELLER, or any agent or employee of a
 vapor products dealer OR SELLER, who violates  the  provisions  of  this
 section shall be subject to a civil penalty of not more than [one] THREE
 hundred  dollars  for  each individual package of flavored vapor product
 [intended or reasonably expected to be used with or for the  consumption
 of  nicotine]  sold  or  offered for sale, [provided, however, that with
 respect to a manufacturer, it shall be an affirmative defense to a find-
 ing of violation pursuant to this section that such sale] or  [offer  of
 sale,  as  applicable, occurred without the knowledge, consent, authori-
 zation, or involvement, direct] EXCHANGED  or  [indirect,]  OFFERED  FOR
 EXCHANGE,  FOR  ANY  FORM  of [such manufacturer] CONSIDERATION, WHETHER
 THROUGH RETAIL OR WHOLESALE, OR KEPT IN INVENTORY, STORED, STOWED, WARE-
 HOUSED, PROCESSED, PACKAGED, SHIPPED, OR  DISTRIBUTED  ANYWHERE  IN,  OR
 ADJACENT  TO,  A  PLACE  OF BUSINESS WHERE VAPOR OR TOBACCO PRODUCTS ARE
 SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR ANY FORM
 OF CONSIDERATION, AT RETAIL.   Violations  of  THE  PROVISIONS  OF  this
 section  shall  be  enforced  pursuant  to  [section]  SECTIONS THIRTEEN
 HUNDRED NINETY-NINE-EE AND thirteen hundred ninety-nine-ff of this arti-
 cle,  [except];  PROVIDED,  HOWEVER,  that  [any]  VIOLATIONS   OF   THE
 PROVISIONS  OF  THIS  SECTION  MAY ALSO BE ENFORCED BY THE COMMISSIONER;
 PROVIDED, FURTHER,  HOWEVER,  THAT  ANY  MONIES  OBTAINED  IN  ANY  SUCH
 ENFORCEMENT  ACTION TAKEN BY THE COMMISSIONER SHALL BE MADE AVAILABLE TO
 SUPPORT TOBACCO AND VAPOR PRODUCT ENFORCEMENT PROGRAMS OPERATING  PURSU-
 ANT  TO  SECTION  THIRTEEN  HUNDRED  NINETY-NINE-HH OF THIS ARTICLE. ANY
 person may submit a complaint to an enforcement officer that a violation
 of this section has occurred.
   [4. The provisions of this  section  shall  not  apply  to  any  vapor
 products  dealer,  or  any agent or employee of a vapor products dealer,
 who sells or offers for sale, or who possess  with  intent  to  sell  or
 offer  for  sale,  any  flavored  vapor  product  intended or reasonably
 expected to be used with or for the consumption  of  nicotine  that  the
 U.S.  Food  and  Drug Administration has authorized to legally market as
 defined under 21 U.S.C. § 387j and that has received a premarket  review
 approval order under 21 U.S.C. § 387j(c) et seq.]
   5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  PENALIZE THE
 PURCHASE, USE, OR POSSESSION OF A TOBACCO PRODUCT OR  VAPOR  PRODUCT  BY
 ANY PERSON NOT ENGAGED AS A VAPOR PRODUCTS DEALER, RETAIL DEALER, TOBAC-
 CO OR VAPOR SELLER, OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER,
 RETAIL DEALER, OR TOBACCO OR VAPOR SELLER.
   §  10.  Paragraph  (e)  of  section  1183  of the tax law, as added by
 section 1 of part UU of chapter 59 of the laws of 2019,  is  amended  to
 read as follows:
 A. 9110                             6
 
   (e) (1) If a vapor products [dealer] DEALER'S CERTIFICATE OR REGISTRA-
 TION  is  suspended, cancelled or revoked and such vapor products dealer
 sells vapor products through more than one place  of  business  in  this
 state, the vapor products dealer's certificate of registration issued to
 that  place  of  business,  cart,  stand,  truck  or other merchandising
 device, where such violation occurred, shall be  suspended,  revoked  or
 cancelled.  Provided,  however,  upon  a  vapor  products dealer's third
 suspension, cancellation or revocation within a five-year period for any
 one or more businesses owned or operated by the vapor  products  dealer,
 such suspension, cancellation, or revocation of the vapor products deal-
 er's  certificate  of registration shall apply to all places of business
 where he or she sells vapor products in this state.
   (2) IF A VAPOR PRODUCTS DEALER DOES NOT POSSESS A VALID CERTIFICATE OF
 REGISTRATION, EITHER BECAUSE IT FAILED TO OBTAIN A REGISTRATION  OR  ITS
 REGISTRATION  IS  SUSPENDED  OR  REVOKED  AND  THE COMMISSIONER OR THEIR
 DESIGNEE, PURSUANT TO THEIR AUTHORITY UNDER THIS  ARTICLE,  ATTEMPTS  TO
 INSPECT  SUCH  PREMISES  FOR  A VIOLATION OF THIS SECTION AND SUCH VAPOR
 PRODUCTS DEALER, INCLUDING AN AGENT THEREOF, IS FOUND, AFTER NOTICE  AND
 OPPORTUNITY  TO  BE  HEARD,  TO HAVE REFUSED SUCH INSPECTION, SUCH VAPOR
 PRODUCTS DEALER SHALL BE SUBJECT TO A PENALTY OF  UP  TO  FOUR  THOUSAND
 DOLLARS  FOR  A  FIRST  REFUSAL  AND  UP TO EIGHT THOUSAND DOLLARS FOR A
 SECOND OR SUBSEQUENT REFUSAL WITHIN THREE YEARS OF A PRIOR REFUSAL.
   § 11. Section 1183 of the tax law is amended by adding two new  subdi-
 visions (i) and (j) to read as follows:
   (I) AT THE TIME OF DELIVERING VAPOR PRODUCTS TO ANY PERSON, EACH VAPOR
 PRODUCTS  DEALER SHALL MAKE A TRUE DUPLICATE INVOICE SHOWING THE DATE OF
 DELIVERY, THE NUMBER OF PACKAGES AND NUMBER OF VAPOR PRODUCTS  CONTAINED
 THEREIN, IN EACH SHIPMENT OF VAPOR PRODUCTS DELIVERED, AND THE ITEMS AND
 QUANTITY  AND  WHOLESALE  PRICE  OF  EACH ITEM IN EACH SHIPMENT OF VAPOR
 PRODUCTS DELIVERED, AND THE NAME OF THE PURCHASER TO  WHOM  DELIVERY  IS
 MADE,  AND  SHALL  RETAIN  SUCH DUPLICATE INVOICES FOR A PERIOD OF THREE
 YEARS SUBJECT TO THE USE AND INSPECTION OF THE COMMISSIONER. EACH  VAPOR
 PRODUCTS  DEALER SHALL PROCURE AND RETAIN INVOICES SHOWING THE NUMBER OF
 PACKAGES AND NUMBER OF VAPOR PRODUCTS CONTAINED THEREIN, IN  EACH  SHIP-
 MENT OF VAPOR PRODUCTS RECEIVED BY HIM OR HER, AND THE ITEMS AND QUANTI-
 TY  AND  WHOLESALE PRICE OF EACH ITEM IN EACH SHIPMENT OF VAPOR PRODUCTS
 RECEIVED BY HIM OR HER, THE DATE THEREOF, AND THE NAME OF  THE  SHIPPER,
 AND  SHALL  RETAIN  SUCH INVOICES FOR A PERIOD OF THREE YEARS SUBJECT TO
 THE USE AND INSPECTION OF THE COMMISSIONER. THE  COMMISSIONER  BY  REGU-
 LATION  MAY  PROVIDE  THAT  WHENEVER VAPOR PRODUCTS ARE SHIPPED INTO THE
 STATE, THE RAILROAD COMPANY, EXPRESS COMPANY, TRUCKING COMPANY OR  OTHER
 PUBLIC  CARRIER  TRANSPORTING  ANY  SHIPMENT THEREOF SHALL FILE WITH THE
 COMMISSIONER A COPY OF THE FREIGHT BILL WITHIN TEN DAYS AFTER THE DELIV-
 ERY IN THE STATE OF EACH SHIPMENT.  ALL  VAPOR  PRODUCTS  DEALERS  SHALL
 MAINTAIN  AND  KEEP  FOR  A  PERIOD OF THREE YEARS SUCH OTHER RECORDS OF
 VAPOR PRODUCTS RECEIVED, SOLD OR DELIVERED WITHIN THE STATE, AS  MAY  BE
 REQUIRED  BY  THE COMMISSIONER. THE COMMISSIONER IS HEREBY AUTHORIZED TO
 EXAMINE THE BOOKS, PAPERS, INVOICES AND OTHER RECORDS OF ANY  PERSON  IN
 POSSESSION,  CONTROL  OR  OCCUPANCY OF ANY PREMISES WHERE VAPOR PRODUCTS
 ARE PLACED, STORED, SOLD OR OFFERED FOR SALE, AND THE EQUIPMENT  OF  ANY
 SUCH  PERSON PERTAINING TO THE SALE AND DELIVERY OF VAPOR PRODUCTS TAXA-
 BLE UNDER THIS ARTICLE, AS WELL AS THE STOCK OF VAPOR  PRODUCTS  IN  ANY
 SUCH  PREMISES OR VEHICLE. TO VERIFY THE ACCURACY OF THE TAX IMPOSED AND
 ASSESSED BY THIS ARTICLE,  EACH  SUCH  PERSON  IS  HEREBY  DIRECTED  AND
 REQUIRED  TO  GIVE  TO  THE  COMMISSIONER  OR HIS OR HER DULY AUTHORIZED
 A. 9110                             7
 
 REPRESENTATIVES, THE MEANS, FACILITIES AND OPPORTUNITY FOR SUCH EXAMINA-
 TIONS AS ARE HEREIN PROVIDED FOR AND REQUIRED.
   (J) IF A VAPOR PRODUCTS DEALER, INCLUDING AN AGENT THEREOF, REFUSES TO
 COMPLY  WITH  THE  REQUIREMENTS OF THIS SECTION, ITS REGISTRATION MAY BE
 REVOKED (I) FOR A PERIOD OF ONE YEAR, (II) FOR A SECOND  SUCH  VIOLATION
 WITHIN  A  PERIOD  OF  FIVE YEARS, FOR UP TO THREE YEARS, OR (III) FOR A
 THIRD OR SUBSEQUENT VIOLATION WITHIN A PERIOD  OF  SEVEN  YEARS,  FOR  A
 PERIOD  UP TO TEN YEARS. A VAPOR PRODUCTS DEALER'S REGISTRATION SHALL BE
 CONSIDERED TO BE REVOKED PURSUANT TO THIS SUBDIVISION  IMMEDIATELY  UPON
 SUCH  DEALER'S  RECEIPT OF WRITTEN NOTICE OF REVOCATION FROM THE COMMIS-
 SIONER.
   § 12. Severability. If any clause, sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to have  been  the  intent  of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 13. This act shall take effect on the ninetieth day after  it  shall
 have become a law.