* § 1399-ll. Unlawful shipment or transport of cigarettes and vapor
products. 1. It shall be unlawful for any person engaged in the business
of selling cigarettes to ship or cause to be shipped any cigarettes to
any person in this state who is not: (a) a person licensed as a
cigarette tax agent or wholesale dealer under article twenty of the tax
law or registered retail dealer under section four hundred eighty-a of
the tax law; (b) an export warehouse proprietor pursuant to chapter 52
of the internal revenue code or an operator of a customs bonded
warehouse pursuant to section 1311 or 1555 of title 19 of the United
States Code; or (c) a person who is an officer, employee or agent of the
United States government, this state or a department, agency,
instrumentality or political subdivision of the United States or this
state and presents himself or herself as such, when such person is
acting in accordance with his or her official duties. For purposes of
this subdivision, a person is a licensed or registered agent or dealer
described in paragraph (a) of this subdivision if his or her name
appears on a list of licensed or registered agents or dealers published
by the department of taxation and finance, or if such person is licensed
or registered as an agent or dealer under article twenty of the tax law.

1-a. It shall be unlawful for any person engaged in the business of
selling vapor products to ship or cause to be shipped any vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine to any person in this state who is not: (a) a person that
receives a certificate of registration as a vapor products dealer under
article twenty eight-C of the tax law; (b) an export warehouse
proprietor pursuant to chapter 52 of the internal revenue code or an
operator of a customs bonded warehouse pursuant to section 1311 or 1555
of title 19 of the United States Code; or (c) a person who is an
officer, employee or agent of the United States government, this state
or a department, agency, instrumentality or political subdivision of the
United States or this state and presents himself or herself as such,
when such person is acting in accordance with his or her official
duties. For purposes of this subdivision, a person is a licensed or
registered agent or dealer described in paragraph (a) of this
subdivision if his or her name appears on a list of licensed or
registered agents or vapor product dealers published by the department
of taxation and finance, or if such person is licensed or registered as
an agent or dealer under article twenty eight-C of the tax law.

2. It shall be unlawful for any common or contract carrier to
knowingly transport cigarettes to any person in this state reasonably
believed by such carrier to be other than a person described in
paragraph (a), (b) or (c) of subdivision one of this section. For
purposes of the preceding sentence, if cigarettes are transported to a
home or residence, it shall be presumed that the common or contract
carrier knew that such person was not a person described in paragraph
(a), (b) or (c) of subdivision one of this section. It shall be unlawful
for any other person to knowingly transport cigarettes to any person in
this state, other than to a person described in paragraph (a), (b) or
(c) of subdivision one of this section. Nothing in this subdivision
shall be construed to prohibit a person other than a common or contract
carrier from transporting not more than eight hundred cigarettes at any
one time to any person in this state. It shall be unlawful for any
common or contract carrier to knowingly transport vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine to any person in this state reasonably believed by such
carrier to be other than a person described in paragraph (a), (b) or (c)
of subdivision one-a of this section. For purposes of the preceding
sentence, if vapor products intended or reasonably expected to be used
with or for the consumption of nicotine are transported to a home or
residence, it shall be presumed that the common or contract carrier knew
that such person was not a person described in paragraph (a), (b) or (c)
of subdivision one-a of this section. It shall be unlawful for any other
person to knowingly transport vapor products intended or reasonably
expected to be used with or for the consumption of nicotine to any
person in this state, other than to a person described in paragraph (a),
(b) or (c) of subdivision one of this section. Nothing in this
subdivision shall be construed to prohibit a person other than a common
or contract carrier from transporting vapor products, provided that the
amount of vapor products intended or reasonably expected to be used with
or for the consumption of nicotine shall not exceed the lesser of 500
milliliters, or a total nicotine content of 3 grams at any one time to
any person in this state.

3. When a person engaged in the business of selling cigarettes ships
or causes to be shipped any cigarettes to any person in this state,
other than in the cigarette manufacturer's original container or
wrapping, the container or wrapping must be plainly and visibly marked
with the word "cigarettes". When a person engaged in the business of
selling vapor products ships or causes to be shipped any vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine to any person in this state, other than in the vapor
products manufacturer's original container or wrapping, the container or
wrapping must be plainly and visibly marked with the words "vapor
products".

4. Whenever a police officer designated in section 1.20 of the
criminal procedure law or a peace officer designated in subdivision four
of section 2.10 of such law, acting pursuant to his or her special
duties, shall discover any cigarettes or vapor products intended or
reasonably expected to be used with or for the consumption of nicotine
which have been or which are being shipped or transported in violation
of this section, such person is hereby empowered and authorized to seize
and take possession of such cigarettes or vapor products intended or
reasonably expected to be used with or for the consumption of nicotine,
and such cigarettes or vapor products intended or reasonably expected to
be used with or for the consumption of nicotine shall be subject to a
forfeiture action pursuant to the procedures provided for in article
thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes or vapor products
intended or reasonably expected to be used with or for the consumption
of nicotine seized pursuant to this section as a pre-conviction
forfeiture crime.

5. Any person who violates the provisions of subdivision one, one-a,
or two of this section shall be guilty of a class A misdemeanor and for
a second or subsequent violation shall be guilty of a class E felony. In
addition to the criminal penalty, any person who violates the provisions
of subdivision one, one-a, two or three of this section shall be subject
to a civil penalty not to exceed the greater of (a) five thousand
dollars for each such violation; (b) one hundred dollars for each pack
of cigarettes shipped, caused to be shipped or transported in violation
of such subdivision; or (c) one hundred dollars for each vapor product
intended or reasonably expected to be used with or for the consumption
of nicotine shipped, caused to be shipped or transported in violation of
such subdivision.

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
penalties 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 transported
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 penalties to both
the state and a political subdivision with respect to the same violation
of this section.

* NB There are 2 § 1399-ll's