NY State Senate Bill 2023-S3356

Senate Bill S3356

2023-2024 Legislative Session

Requires electronic cigarettes and e-liquid products to be sold in separate specific locations where only persons of at least twenty-one years of age are allowed to enter

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to health
Jan 31, 2023	referred to health

2023-S3356 (ACTIVE) - Details

See Assembly Version of this Bill:: A3520
Law Section:: Public Health Law
Laws Affected:: Amd §1399-cc, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8162
2021-2022: S3904, A5700

2023-S3356 (ACTIVE) - Summary

Requires electronic cigarettes and e-liquid products to be sold in separate specific locations where only persons of at least twenty-one years of age are allowed to enter.

2023-S3356 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3356

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring elec-
tronic cigarettes and e-liquid products to be sold in separate specific
locations where only persons of at least twenty-one years of age are
allowed to enter

 
PURPOSE:

This legislation would require that liquid nicotine and electronic ciga-
rettes only be sold, displayed, or offered in specialty stores where
admission is restricted to 21 years of age or older

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section to the public health law to prohibit a
person operating a place of business where liquid nicotine or electronic
cigarettes are sold or offered for sale to sell, permit to be sold,
offer for sale or display for sale any liquid nicotine or electronic

cigarettes unless the admission to said place of business is restricted
to individuals twenty-one years of age or older.

Section two establishes the effective date.

 
JUSTIFICATION:

According to the Center for Disease Control, if cigarette smoking
continues at the current rate among youth in this country, 5.6 million
of today's Americans younger than 18 will die early from a smoking-re-
lated illness. That's about 1 of every 13 Americans aged 17 years or
younger who are alive today This legislation will prohibit a place of
business from selling, displaying, or offering liquid nicotine or elec-
tronic cigarettes unless admission to the place of business is
restricted to individuals twenty-one years of age or older. By requiring
electronic cigarettes and liquid nicotine to be sold in specialty
stores, where an individual must be 21 years of age enter, minors will
have significantly less access to these products.

 
LEGISLATIVE HISTORY:

2021-22: S.3904/A.5700

2020: S.8162 Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S3356 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3356
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  requiring  elec-
   tronic cigarettes and e-liquid products to be sold in separate specif-
   ic  locations  where  only persons of at least twenty-one years of age
   are allowed to enter
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 7 of section 1399-cc of the public health law,
 as amended by chapter 100 of the laws of 2019,  is  amended  and  a  new
 subdivision 8 is added to read as follows:
   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.
   8.  NO PERSON OPERATING A PLACE OF BUSINESS WHEREIN LIQUID NICOTINE OR
 ELECTRONIC CIGARETTES ARE SOLD OR OFFERED FOR SALE SHALL SELL, PERMIT TO
 BE SOLD, OFFER FOR SALE OR DISPLAY FOR SALE ANY LIQUID NICOTINE OR ELEC-
 TRONIC CIGARETTES UNLESS SUCH PLACE OF BUSINESS  IS  A  PLACE  TO  WHICH
 ADMISSION IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07411-01-3

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