S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    36
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. ZACCARO, BUTTENSCHON, SEAWRIGHT, CRUZ, COLTON,
   DAVILA, RAGA, CHANG, GANDOLFO,  MIKULIN,  GRAY,  K. BROWN,  McDONOUGH,
   GALLAHAN,  BURDICK,  LUCAS, LUNSFORD, EPSTEIN, STIRPE, DILAN, HYNDMAN,
   BICHOTTE HERMELYN, JENSEN, NOVAKHOV, SMULLEN, SLATER, LEMONDES, ZINER-
   MAN, STECK, PHEFFER AMATO, REYES -- Multi-Sponsored by  --  M.  of  A.
   SIMON,  WALSH,  WOERNER  -- read once and referred to the Committee on
   Health
 
 AN ACT to amend the public health law, in relation to public display  or
   advertisements of cannabis products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-dd-1 of the public health  law,  as  added  by
 section  13  of part EE of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 1399-dd-1. Public display of tobacco product  and  electronic  ciga-
 rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
 purposes of this section:
   (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
 graphics or visual images of any kind, or any combination thereof, which
 bear a health warning required by federal statute, the purpose or effect
 of  which  is to identify a brand of a tobacco product, electronic ciga-
 rette, or vapor product intended or reasonably expected to be used  with
 or  for  the  consumption of nicotine, a trademark of a tobacco product,
 electronic cigarette, or vapor product intended or  reasonably  expected
 to  be  used  with or for the consumption of nicotine [or], a trade name
 associated exclusively with a tobacco product, electronic cigarette,  or
 vapor product intended or reasonably expected to be used with or for the
 consumption of nicotine or to promote the use or 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  WORDS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00447-01-5
 A. 36                               2
 
 PICTURES,  PHOTOGRAPHS,  SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND,
 OR ANY COMBINATION THEREOF WHICH ARE ASSOCIATED  WITH  CANNABIS  USE  OR
 CANNABIS  PRODUCTS  AS  DEFINED IN SECTION THREE OF THE CANNABIS LAW AND
 WHICH  ARE  INTENDED  OR REASONABLY EXPECTED TO PROMOTE THE SALE OF SUCH
 PRODUCTS.
   (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
 ing  papers, electronic cigarette, vaporizer or any other device, equip-
 ment or apparatus designed for the inhalation of tobacco or nicotine.
   (c) "Vapor product" means any vapor product,  as  defined  by  section
 thirteen  hundred ninety-nine-aa of this article, intended or reasonably
 expected to be used with or for the consumption of nicotine.
   (d) "Tobacco products" shall have the same meaning as  in  subdivision
 five of section thirteen hundred ninety-nine-aa of this article.
   (e)  "Electronic cigarette" shall have the same meaning as in subdivi-
 sion thirteen of section thirteen hundred ninety-nine-aa of  this  arti-
 cle.
   2.  (a)  No person, corporation, partnership, sole proprietor, limited
 partnership, association or any other business entity may  place,  cause
 to  be  placed, maintain or to cause to be maintained, smoking parapher-
 nalia or ADVERTISEMENTS FOR ANY tobacco product,  electronic  cigarette,
 or  vapor product intended or reasonably expected to be used with or for
 the consumption of nicotine [advertisements] in a store front or exteri-
 or window or any door which is used for entry or egress by the public to
 the building or structure containing a  place  of  business  within  one
 thousand  five  hundred  feet of a school, provided that within New York
 city such prohibitions shall only apply within five hundred  feet  of  a
 school.
   (b)  Any  person,  corporation,  partnership, sole proprietor, limited
 partnership, association or any other business entity  in  violation  of
 this  section  shall be subject to a civil penalty of not more than five
 [hundred] THOUSAND dollars for a first violation and not more than [one]
 TEN thousand dollars for a second or subsequent violation.
   3. AN ENFORCEMENT OFFICER, OR  THE  DEPARTMENT  WHERE  NO  ENFORCEMENT
 OFFICER HAS BEEN DESIGNATED, SHALL CONDUCT RANDOM INSPECTIONS ON A QUAR-
 TERLY  BASIS  OF EACH RETAIL DEALER LICENSED TO SELL CIGARETTES, TOBACCO
 PRODUCTS, OR VAPOR PRODUCTS AT ESTABLISHMENTS LOCATED WITHIN THE  JURIS-
 DICTION  OF  SUCH ENFORCEMENT OFFICER OR OFFICE, TO DETERMINE COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.