S05266 Summary:

Amd §§1399-aa & 1399-bb, Pub Health L
Prohibits the low-cost or no-cost promotion of flavored electronic cigarettes by any entity other than a manufacturer.
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S05266 Actions:

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S05266 Committee Votes:

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S05266 Floor Votes:

There are no votes for this bill in this legislative session.
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S05266 Memo:

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S05266 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 17, 2017
        Introduced by Sens. HOYLMAN, KAMINSKY, SERRANO -- read twice and ordered
          printed, and when printed to be committed to the Committee on Health
        AN  ACT  to amend public health law, in relation to the sale of flavored
          electronic cigarettes at low or no cost
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  1399-aa  of  the public health law is amended by
     2  adding two new subdivisions 14 and 15 to read as follows:
     3    14. "Flavored electronic cigarette" or "flavored e-cigarette" means an
     4  electronic cigarette or e-cigarette, as defined in subdivision  thirteen
     5  of  this  section  that  contains  a characterizing flavor in any of its
     6  component parts.
     7    15. "Characterizing flavor" shall  mean  a  distinguishable  taste  or
     8  aroma,  including  but  not  limited  to: any fruit; chocolate; vanilla;
     9  honey; candy; cocoa; dessert; alcoholic beverage; herb; or spice flavor-
    10  ing, but shall not include: tobacco; clove; or menthol.
    11    § 2. Section 1399-bb of the public health law, as amended  by  chapter
    12  508  of  the laws of 2000, subdivision 2 as amended by chapter 13 of the
    13  laws of 2003, is amended to read as follows:
    14    § 1399-bb. Distribution of tobacco products [or], herbal cigarettes or
    15  flavored electronic cigarettes without charge. 1. No person  engaged  in
    16  the  business  of  selling or otherwise distributing tobacco products or
    17  herbal cigarettes for commercial purposes, or any agent or  employee  of
    18  such person, shall knowingly, in furtherance of such business:
    19    (a)  distribute  without  charge  any tobacco products or herbal ciga-
    20  rettes to any individual, provided that the distribution  of  a  package
    21  containing  tobacco  products  or herbal cigarettes in violation of this
    22  subdivision shall constitute a single violation without  regard  to  the
    23  number of items in the package; or
    24    (b)  distribute  coupons  which are redeemable for tobacco products or
    25  herbal cigarettes to any  individual,  provided  that  this  subdivision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5266                             2
     1  shall  not  apply to coupons contained in newspapers, magazines or other
     2  types of publications, coupons obtained through the purchase of  tobacco
     3  products or herbal cigarettes or obtained at locations which sell tobac-
     4  co  products  or  herbal  cigarettes  provided that such distribution is
     5  confined to a designated area or to coupons sent through the mail.
     6    2. The prohibitions contained in subdivision one of this section shall
     7  not apply to the following locations:
     8    (a) private social functions when seating arrangements are  under  the
     9  control  of  the  sponsor  of  the function and not the owner, operator,
    10  manager or person in charge of such indoor area;
    11    (b) conventions and trade shows; provided  that  the  distribution  is
    12  confined  to  designated areas generally accessible only to persons over
    13  the age of eighteen;
    14    (c) events sponsored by  tobacco  or  herbal  cigarette  manufacturers
    15  provided that the distribution is confined to designated areas generally
    16  accessible only to persons over the age of eighteen;
    17    (d)  bars  as  defined  in subdivision one of section thirteen hundred
    18  ninety-nine-n of this chapter;
    19    (e) tobacco businesses as defined  in  subdivision  eight  of  section
    20  thirteen hundred ninety-nine-aa of this article;
    21    (f)  factories  as  defined  in  subdivision  nine of section thirteen
    22  hundred ninety-nine-aa of this article and construction sites;  provided
    23  that the distribution is confined to designated areas generally accessi-
    24  ble only to persons over the age of eighteen.
    25    3. No person shall distribute tobacco products or herbal cigarettes at
    26  the  locations  set  forth in paragraphs (b), (c) and (f) of subdivision
    27  two of this section unless such person gives five days written notice to
    28  the enforcement officer.
    29    4. The distribution of tobacco products or herbal cigarettes  pursuant
    30  to  subdivision  two of this section shall be made only to an individual
    31  who demonstrates, through a driver's license or other photographic iden-
    32  tification card issued by a government entity or educational institution
    33  indicating that the individual is at least eighteen years of  age.  Such
    34  identification  need  not  be  required of any individual who reasonably
    35  appears to be at least twenty-five years of age; provided, however, that
    36  such appearance shall not constitute a defense in any proceeding  alleg-
    37  ing the sale of a tobacco product or herbal cigarette to an individual.
    38    5. No person, either directly or indirectly by an agent or employee of
    39  such  person,  or  by a vending machine owned by or located in an estab-
    40  lishment owned by such person, shall sell, offer  for  sale,  distribute
    41  for  commercial  purposes  at no cost or minimal cost or with coupons or
    42  rebate offers, give or furnish, to a person in this state  any  flavored
    43  electronic cigarette as defined in section thirteen hundred ninety-nine-
    44  aa of this article.
    45    6. Any person other than a manufacturer who violates the provisions of
    46  subdivision  five of this section shall be subject to penalties pursuant
    47  to section thirteen hundred ninety-nine-ee of this article.
    48    7. Violations of subdivision five of this section  shall  be  enforced
    49  pursuant  to  section  thirteen  hundred ninety-nine-ff of this article,
    50  except that any person may submit a complaint to an enforcement  officer
    51  reporting that a violation of this section has occurred.
    52    § 3. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.
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