S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9299

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the administrative code of the
  city of New York, in relation to prohibiting the sale of liquid  nico-
  tine to minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-cc of the public health  law,  as  amended  by
chapter  131  of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended
by chapter 448 of the laws of 2012, is amended to read as follows:
  S 1399-cc. Sale of tobacco products, herbal cigarettes,  LIQUID  NICO-
TINE,  shisha, rolling papers or smoking paraphernalia to minors prohib-
ited. 1. As used in this section:
  (a) "A device  capable  of  deciphering  any  electronically  readable
format"  or  "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading  the
information  encoded  on  the  bar  code or magnetic strip of a driver's
license or non-driver identification card issued by  the  state  commis-
sioner of motor vehicles;
  (b)  "Card  holder"  means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
designed for the inhalation of tobacco; [and]
  (d) "Transaction scan" means the process involving  an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section; AND
  (E)  "LIQUID NICOTINE" OR "E-LIQUID" MEANS ANY LIQUID PRODUCT COMPOSED
EITHER IN WHOLE OR IN PART OF PURE NICOTINE  AND  PROPYLENE  GLYCOL  AND
MANUFACTURED  FOR  USE  WITH  ELECTRONIC  CIGARETTES  OR  OTHER  SMOKING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14563-02-4

A. 9299                             2

PARAPHERNALIA THAT MAY BE FLAVORED AND MAY HAVE ADDED COLORINGS OR CHEM-
ICALS.
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes, are
sold or offered for sale  is  prohibited  from  selling  such  products,
herbal  cigarettes,  LIQUID  NICOTINE,  shisha, electronic cigarettes or
smoking paraphernalia to individuals under eighteen years  of  age,  and
shall  post  in  a  conspicuous  place  a sign upon which there shall be
imprinted the following statement, "SALE OF CIGARETTES, CIGARS,  CHEWING
TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR  OTHER TOBACCO PRODUCTS, HERBAL
CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,  ROLLING  PAPERS  OR
SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
ITED  BY LAW." Such sign shall be printed on a white card in red letters
at least one-half inch in height.
  3. Sale of  tobacco  products,  herbal  cigarettes,  LIQUID  NICOTINE,
shisha  or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who  demonstrates,  through
(a)  a valid driver's license or non-driver's identification card issued
by the commissioner of  motor  vehicles,  the  federal  government,  any
United  States  territory,  commonwealth  or possession, the District of
Columbia, a state government within the United States  or  a  provincial
government  of the dominion of Canada, or (b) a valid passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the  United  States,  indicating
that  the individual is at least eighteen years of age. Such identifica-
tion need not be required of any individual who reasonably appears to be
at least twenty-five years of age, provided, however, that such  appear-
ance  shall not constitute a defense in any proceeding alleging the sale
of a tobacco product, herbal  cigarettes,  LIQUID  NICOTINE,  shisha  or
electronic cigarettes to an individual under eighteen years of age.
  4.  (a)  Any  person  operating  a  place  of business wherein tobacco
products, herbal cigarettes, LIQUID NICOTINE, shisha or electronic ciga-
rettes are sold or offered for sale may perform a transaction scan as  a
precondition for such purchases.
  (b)  In  any  instance  where the information deciphered by the trans-
action scan fails to match  the  information  printed  on  the  driver's
license  or  non-driver  identification card, or if the transaction scan
indicates that the information is false  or  fraudulent,  the  attempted
transaction shall be denied.
  (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative  defense  that  such
person had produced a driver's license or non-driver identification card
apparently  issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product [or],  herbal  cigarettes
OR  LIQUID  NICOTINE had been sold, delivered or given to such person in
reasonable reliance upon such identification and  transaction  scan.  In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, herbal cigarettes,  LIQUID  NICOTINE,
shisha  or  electronic  cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such
affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.

A. 9299                             3

  5. A licensee or agent or employee of such licensee shall only  use  a
device  capable  of  deciphering any electronically readable format, and
shall only use the information recorded and maintained through  the  use
of  such devices, for the purposes contained in subdivision four of this
section.  No licensee or agent or employee of a licensee shall resell or
disseminate the information recorded during such a  scan  to  any  third
person.  Such  prohibited  resale  or  dissemination includes but is not
limited  to  any  advertising,  marketing  or  promotional   activities.
Notwithstanding  the  restrictions  imposed  by  this  subdivision, such
records may be released pursuant to a court ordered subpoena or pursuant
to any other statute that specifically authorizes the  release  of  such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  6.  A  licensee  or agent or employee of such a licensee may electron-
ically or mechanically record and maintain only the information  from  a
transaction  scan necessary to effectuate this section. Such information
shall be limited to the following: (a) name,  (b)  date  of  birth,  (c)
driver's license or non-driver identification number, and (d) expiration
date.  The  commissioner  and state commissioner of motor vehicles shall
jointly promulgate any regulations necessary to govern the recording and
maintenance of these records by  a  licensee  under  this  chapter.  The
commissioner and the state liquor authority shall jointly promulgate any
regulation  necessary to ensure quality control in the use of the trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.
  7. No person operating a place of business wherein  tobacco  products,
herbal  cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes are
sold or offered for sale shall sell, permit to be sold, offer  for  sale
or display for sale any tobacco product, herbal cigarettes, LIQUID NICO-
TINE,  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 subdivision eight of section  thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons eighteen years of age or older.
  S  2.  Section  17-706  of  the administrative code of the city of New
York, as amended by local law number 94 of the city of New York for  the
year 2013, is amended to read as follows:
  S  17-706  Sale  of  cigarettes, tobacco products, LIQUID NICOTINE, or
electronic cigarettes to minors and young adults prohibited.
  a. Any person operating a place of business wherein cigarettes, tobac-
co products, LIQUID NICOTINE,  or  electronic  cigarettes  are  sold  or
offered  for  sale  is  prohibited from selling such cigarettes, tobacco
products, LIQUID NICOTINE, or electronic cigarettes to individuals under
twenty-one years of age. Sale of cigarettes,  tobacco  products,  LIQUID
NICOTINE,  or electronic cigarettes in such places shall be made only to
an individual who demonstrates, through  a  driver's  license  or  other
photographic identification card issued by a government entity or educa-
tional  institution, that the individual is at least twenty-one years of
age. Such identification need not be  required  of  any  individual  who
reasonably  appears to be at least thirty years of age, provided, howev-
er, that such appearance shall not constitute a defense in any  proceed-
ing  alleging  the sale of cigarettes, tobacco products, LIQUID NICOTINE
or electronic cigarettes to an individual under twenty-one years of age.

A. 9299                             4

  b. Any person  operating  a  place  of  business  wherein  non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited  from  selling such non-tobacco shisha, pipes, or rolling papers to
individuals under eighteen years of age.  Sale  of  non-tobacco  shisha,
pipes,  or  rolling papers in such places shall be made only to an indi-
vidual who demonstrates, through a driver's license or other photograph-
ic identification card issued by  a  government  entity  or  educational
institution, that the individual is at least eighteen years of age. Such
identification  need  not  be  required of any individual who reasonably
appears to be at least twenty-five years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding  alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
  c. Any person operating a place of business wherein cigarettes, tobac-
co  products, LIQUID NICOTINE, electronic cigarettes, herbal cigarettes,
non-tobacco shisha, pipes, or rolling papers are  sold  or  offered  for
sale  shall  post  in a conspicuous place a sign, in accordance with the
rules of the department, advising persons about the minimum age require-
ments for the purchase of such items.
  S 3. This act shall take effect immediately; provided,  however,  that
if  local  law number 94 of the city of New York for the year 2013 shall
not have taken effect on or before such date then section  two  of  this
act  shall  take effect on the same date and in the same manner as local
law number 94 of the city of New York for the year 2013, takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9299--A

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the administrative code of the
  city  of New York, in relation to prohibiting the sale of liquid nico-
  tine to minors; and to amend the general business law, in relation  to
  the labeling and packaging of electronic liquid

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-cc of the public health  law,  as  amended  by
chapter  131  of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended
by chapter 448 of the laws of 2012, is amended to read as follows:
  S 1399-cc. Sale of tobacco products, herbal cigarettes,  LIQUID  NICO-
TINE,  shisha, rolling papers or smoking paraphernalia to minors prohib-
ited. 1. As used in this section:
  (a) "A device  capable  of  deciphering  any  electronically  readable
format"  or  "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading  the
information  encoded  on  the  bar  code or magnetic strip of a driver's
license or non-driver identification card issued by  the  state  commis-
sioner of motor vehicles;
  (b)  "Card  holder"  means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
designed for the inhalation of tobacco; [and]
  (d) "Transaction scan" means the process involving  an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14563-04-4
              

A. 9299--A                          2

  (E)  "LIQUID  NICOTINE",  "ELECTRONIC  LIQUID"  OR  "E-LIQUID" MEANS A
LIQUID COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS SOLD AS  A
PRODUCT THAT MAY BE USED IN AN ELECTRONIC CIGARETTE.
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes, are
sold or offered for sale  is  prohibited  from  selling  such  products,
herbal  cigarettes,  LIQUID  NICOTINE,  shisha, electronic cigarettes or
smoking paraphernalia to individuals under eighteen years  of  age,  and
shall  post  in  a  conspicuous  place  a sign upon which there shall be
imprinted the following statement, "SALE OF CIGARETTES, CIGARS,  CHEWING
TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR  OTHER TOBACCO PRODUCTS, HERBAL
CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,  ROLLING  PAPERS  OR
SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
ITED  BY LAW." Such sign shall be printed on a white card in red letters
at least one-half inch in height.
  3. Sale of  tobacco  products,  herbal  cigarettes,  LIQUID  NICOTINE,
shisha  or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who  demonstrates,  through
(a)  a valid driver's license or non-driver's identification card issued
by the commissioner of  motor  vehicles,  the  federal  government,  any
United  States  territory,  commonwealth  or possession, the District of
Columbia, a state government within the United States  or  a  provincial
government  of the dominion of Canada, or (b) a valid passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the  United  States,  indicating
that  the individual is at least eighteen years of age. Such identifica-
tion need not be required of any individual who reasonably appears to be
at least twenty-five years of age, provided, however, that such  appear-
ance  shall not constitute a defense in any proceeding alleging the sale
of a tobacco product, herbal  cigarettes,  LIQUID  NICOTINE,  shisha  or
electronic cigarettes to an individual under eighteen years of age.
  4.  (a)  Any  person  operating  a  place  of business wherein tobacco
products, herbal cigarettes, LIQUID NICOTINE, shisha or electronic ciga-
rettes are sold or offered for sale may perform a transaction scan as  a
precondition for such purchases.
  (b)  In  any  instance  where the information deciphered by the trans-
action scan fails to match  the  information  printed  on  the  driver's
license  or  non-driver  identification card, or if the transaction scan
indicates that the information is false  or  fraudulent,  the  attempted
transaction shall be denied.
  (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative  defense  that  such
person had produced a driver's license or non-driver identification card
apparently  issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product [or],  herbal  cigarettes
OR  LIQUID  NICOTINE had been sold, delivered or given to such person in
reasonable reliance upon such identification and  transaction  scan.  In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, herbal cigarettes,  LIQUID  NICOTINE,
shisha  or  electronic  cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such

A. 9299--A                          3

affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.
  5.  A  licensee or agent or employee of such licensee shall only use a
device capable of deciphering any electronically  readable  format,  and
shall  only  use the information recorded and maintained through the use
of such devices, for the purposes contained in subdivision four of  this
section.  No licensee or agent or employee of a licensee shall resell or
disseminate the information recorded during such a  scan  to  any  third
person.  Such  prohibited  resale  or  dissemination includes but is not
limited  to  any  advertising,  marketing  or  promotional   activities.
Notwithstanding  the  restrictions  imposed  by  this  subdivision, such
records may be released pursuant to a court ordered subpoena or pursuant
to any other statute that specifically authorizes the  release  of  such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  6.  A  licensee  or agent or employee of such a licensee may electron-
ically or mechanically record and maintain only the information  from  a
transaction  scan necessary to effectuate this section. Such information
shall be limited to the following: (a) name,  (b)  date  of  birth,  (c)
driver's license or non-driver identification number, and (d) expiration
date.  The  commissioner  and state commissioner of motor vehicles shall
jointly promulgate any regulations necessary to govern the recording and
maintenance of these records by  a  licensee  under  this  chapter.  The
commissioner and the state liquor authority shall jointly promulgate any
regulation  necessary to ensure quality control in the use of the trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.
  7. No person operating a place of business wherein  tobacco  products,
herbal  cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes are
sold or offered for sale shall sell, permit to be sold, offer  for  sale
or display for sale any tobacco product, herbal cigarettes, LIQUID NICO-
TINE,  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 subdivision eight of section  thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons eighteen years of age or older.
  S  2.  Section  17-706  of  the administrative code of the city of New
York, as amended by local law number 94 of the city of New York for  the
year 2013, is amended to read as follows:
  S  17-706  Sale  of  cigarettes, tobacco products, LIQUID NICOTINE, or
electronic cigarettes to minors and young adults prohibited.
  a. Any person operating a place of business wherein cigarettes, tobac-
co products, LIQUID NICOTINE,  or  electronic  cigarettes  are  sold  or
offered  for  sale  is  prohibited from selling such cigarettes, tobacco
products, LIQUID NICOTINE, or electronic cigarettes to individuals under
twenty-one years of age. Sale of cigarettes,  tobacco  products,  LIQUID
NICOTINE,  or electronic cigarettes in such places shall be made only to
an individual who demonstrates, through  a  driver's  license  or  other
photographic identification card issued by a government entity or educa-
tional  institution, that the individual is at least twenty-one years of
age. Such identification need not be  required  of  any  individual  who
reasonably  appears to be at least thirty years of age, provided, howev-
er, that such appearance shall not constitute a defense in any  proceed-

A. 9299--A                          4

ing  alleging  the sale of cigarettes, tobacco products, LIQUID NICOTINE
or electronic cigarettes to an individual under twenty-one years of age.
  b.  Any  person  operating  a  place  of  business wherein non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited from selling such non-tobacco shisha, pipes, or rolling  papers  to
individuals  under  eighteen  years  of age. Sale of non-tobacco shisha,
pipes, or rolling papers in such places shall be made only to  an  indi-
vidual who demonstrates, through a driver's license or other photograph-
ic  identification  card  issued  by  a government entity or educational
institution, that the individual is at least eighteen years of age. Such
identification need not be required of  any  individual  who  reasonably
appears to be at least twenty-five years of age, provided, however, that
such  appearance shall not constitute a defense in any proceeding alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
  c. Any person operating a place of business wherein cigarettes, tobac-
co products, LIQUID NICOTINE, electronic cigarettes, herbal  cigarettes,
non-tobacco  shisha,  pipes,  or  rolling papers are sold or offered for
sale shall post in a conspicuous place a sign, in  accordance  with  the
rules of the department, advising persons about the minimum age require-
ments for the purchase of such items.
  S  3. The general business law is amended by adding a new section 399-
gg to read as follows:
  S 399-GG. LABELING AND PACKAGING OF ELECTRONIC LIQUID.  1. NO  PERSON,
FIRM  OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRONIC LIQUID,
AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION  THIRTEEN
HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS THERE IS PRINTED
ON  THE  PACKAGE  IN WHICH SUCH ELECTRONIC LIQUID IS SOLD OR OFFERED FOR
SALE A CONSPICUOUS NOTICE STATING:
  (A) THE PERCENTAGE OF NICOTINE IN SUCH ELECTRONIC LIQUID; AND
  (B) A LIST OF ANY OTHER INGREDIENTS IN SUCH ELECTRONIC LIQUID.
  2. ANY ELECTRONIC LIQUID CONTAINING ANY PERCENTAGE OF  NICOTINE  SHALL
CONTAIN  A WARNING LABEL, PROMINENTLY DISPLAYED, WHICH STATES, "WARNING:
THIS PRODUCT CONTAINS NICOTINE DERIVED  FROM  TOBACCO.  NICOTINE  IS  AN
ADDICTIVE CHEMICAL."
  3.  NO  PERSON,  FIRM  OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY
ELECTRONIC LIQUID, AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF
SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS
THE  ELECTRONIC  LIQUID IS SOLD OR OFFERED FOR SALE IN A CHILD RESISTANT
BOTTLE WHICH IS DESIGNED TO PREVENT ACCIDENTAL EXPOSURE OF  CHILDREN  TO
ELECTRONIC LIQUIDS.
  4. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED ONE THOUSAND DOLLARS.
  S  4.  This act shall take effect immediately; provided, however, that
if local law number 94 of the city of New York for the year  2013  shall
not  have  taken  effect on or before such date then section two of this
act shall take effect on the same date and in the same manner  as  local
law number 94 of the city of New York for the year 2013, takes effect.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9299--B
                                                        Cal. No. 853

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of A. ROSENTHAL, WEPRIN -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to  the  Committee  on  Codes  --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the public health law and the administrative code of the
  city of New York, in relation to prohibiting the sale of liquid  nico-
  tine  to minors; and to amend the general business law, in relation to
  the labeling and packaging of electronic liquid

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  13 of section 1399-aa of the public health
law, as added by chapter 448 of the laws of 2012, is amended to read  as
follows:
  13.  "Electronic cigarette" or "e-cigarette" means [a battery-operated
device that contains cartridges filled with a combination  of  nicotine,
flavor  and chemicals that are turned into vapor which is inhaled by the
user] AN ELECTRONIC DEVICE THAT DELIVERS VAPOR FOR INHALATION. ELECTRON-
IC CIGARETTE OR E-CIGARETTE SHALL INCLUDE ANY REFILL, CARTRIDGE AND  ANY
OTHER COMPONENT OF AN ELECTRONIC CIGARETTE OR E-CIGARETTE.
  S  2.  Section 1399-cc of the public health law, as amended by chapter
131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by  chap-
ter 448 of the laws of 2012, is amended to read as follows:
  S  1399-cc.  Sale of tobacco products, herbal cigarettes, LIQUID NICO-
TINE, shisha, rolling papers or smoking paraphernalia to minors  prohib-
ited. 1. As used in this section:
  (a)  "A  device  capable  of  deciphering  any electronically readable
format" or "device" shall mean any commercial device or  combination  of
devices  used at a point of sale or entry that is capable of reading the
information encoded on the bar code or  magnetic  strip  of  a  driver's
license  or  non-driver  identification card issued by the state commis-
sioner of motor vehicles;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14563-06-4

A. 9299--B                          2

  (b) "Card holder" means any person presenting a  driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, vaporizer  or  any  other  device,  equipment  or  apparatus
designed for the inhalation of tobacco; [and]
  (d)  "Transaction  scan"  means the process involving an automated bar
code reader by which a licensee, or agent  or  employee  of  a  licensee
under  this chapter reviews a driver's license or non-driver identifica-
tion card presented as a precondition for  the  purchase  of  a  tobacco
product  or  herbal  cigarettes  pursuant  to  subdivision three of this
section; AND
  (E) "LIQUID NICOTINE",  "ELECTRONIC  LIQUID"  OR  "E-LIQUID"  MEANS  A
LIQUID  COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS SOLD AS A
PRODUCT THAT MAY BE USED IN AN ELECTRONIC CIGARETTE.
  2. Any person operating a place of business wherein tobacco  products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes, are
sold  or  offered  for  sale  is  prohibited from selling such products,
herbal cigarettes, LIQUID NICOTINE,  shisha,  electronic  cigarettes  or
smoking  paraphernalia  to  individuals under eighteen years of age, and
shall post in a conspicuous place a  sign  upon  which  there  shall  be
imprinted  the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING
TOBACCO, POWDERED TOBACCO, SHISHA  OR  OTHER  TOBACCO  PRODUCTS,  HERBAL
CIGARETTES,  LIQUID  NICOTINE,  ELECTRONIC CIGARETTES, ROLLING PAPERS OR
SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
ITED BY LAW." Such sign shall be printed on a white card in red  letters
at least one-half inch in height.
  3.  Sale  of  tobacco  products,  herbal  cigarettes, LIQUID NICOTINE,
shisha or electronic cigarettes in such places, other than by a  vending
machine,  shall  be made only to an individual who demonstrates, through
(a) a valid driver's license or non-driver's identification card  issued
by  the  commissioner  of  motor  vehicles,  the federal government, any
United States territory, commonwealth or  possession,  the  District  of
Columbia,  a  state  government within the United States or a provincial
government of the dominion of Canada, or (b) a valid passport issued  by
the United States government or any other country, or (c) an identifica-
tion  card  issued  by the armed forces of the United States, indicating
that the individual is at least eighteen years of age. Such  identifica-
tion need not be required of any individual who reasonably appears to be
at  least twenty-five years of age, provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the  sale
of  a  tobacco  product,  herbal  cigarettes, LIQUID NICOTINE, shisha or
electronic cigarettes to an individual under eighteen years of age.
  4. (a) Any person  operating  a  place  of  business  wherein  tobacco
products, herbal cigarettes, LIQUID NICOTINE, shisha or electronic ciga-
rettes  are sold or offered for sale may perform a transaction scan as a
precondition for such purchases.
  (b) In any instance where the information  deciphered  by  the  trans-
action  scan  fails  to  match  the  information printed on the driver's
license or non-driver identification card, or if  the  transaction  scan
indicates  that  the  information  is false or fraudulent, the attempted
transaction shall be denied.
  (c) In any proceeding pursuant to  section  thirteen  hundred  ninety-
nine-ee  of  this  article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed  that

A. 9299--B                          3

transaction  scan,  and that the tobacco product [or], herbal cigarettes
OR LIQUID NICOTINE had been sold, delivered or given to such  person  in
reasonable  reliance  upon  such identification and transaction scan. In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, herbal cigarettes,  LIQUID  NICOTINE,
shisha  or  electronic  cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such
affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.
  5. A licensee or agent or employee of such licensee shall only  use  a
device  capable  of  deciphering any electronically readable format, and
shall only use the information recorded and maintained through  the  use
of  such devices, for the purposes contained in subdivision four of this
section. No licensee or agent or employee of a licensee shall resell  or
disseminate  the  information  recorded  during such a scan to any third
person. Such prohibited resale or  dissemination  includes  but  is  not
limited   to  any  advertising,  marketing  or  promotional  activities.
Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
records may be released pursuant to a court ordered subpoena or pursuant
to  any  other  statute that specifically authorizes the release of such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  6. A licensee or agent or employee of such a  licensee  may  electron-
ically  or  mechanically record and maintain only the information from a
transaction scan necessary to effectuate this section. Such  information
shall  be  limited  to  the  following: (a) name, (b) date of birth, (c)
driver's license or non-driver identification number, and (d) expiration
date. The commissioner and state commissioner of  motor  vehicles  shall
jointly promulgate any regulations necessary to govern the recording and
maintenance  of  these  records  by  a  licensee under this chapter. The
commissioner and the state liquor authority shall jointly promulgate any
regulation necessary to ensure quality control in the use of the  trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.
  7.  No  person operating a place of business wherein tobacco products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes  are
sold  or  offered for sale shall sell, permit to be sold, offer for sale
or display for sale any tobacco product, herbal cigarettes, LIQUID NICO-
TINE, 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 subdivision eight of section thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons eighteen years of age or older.
  S 3. Section 17-706 of the administrative code  of  the  city  of  New
York,  as amended by local law number 94 of the city of New York for the
year 2013, is amended to read as follows:
  S 17-706 Sale of cigarettes, tobacco  products,  LIQUID  NICOTINE,  or
electronic cigarettes to minors and young adults prohibited.
  a. Any person operating a place of business wherein cigarettes, tobac-
co  products,  LIQUID  NICOTINE,  or  electronic  cigarettes are sold or

A. 9299--B                          4

offered for sale is prohibited from  selling  such  cigarettes,  tobacco
products, LIQUID NICOTINE, or electronic cigarettes to individuals under
twenty-one  years  of  age. Sale of cigarettes, tobacco products, LIQUID
NICOTINE,  or electronic cigarettes in such places shall be made only to
an individual who demonstrates, through  a  driver's  license  or  other
photographic identification card issued by a government entity or educa-
tional  institution, that the individual is at least twenty-one years of
age. Such identification need not be  required  of  any  individual  who
reasonably  appears to be at least thirty years of age, provided, howev-
er, that such appearance shall not constitute a defense in any  proceed-
ing  alleging  the sale of cigarettes, tobacco products, LIQUID NICOTINE
or electronic cigarettes to an individual under twenty-one years of age.
  b. Any person  operating  a  place  of  business  wherein  non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited  from  selling such non-tobacco shisha, pipes, or rolling papers to
individuals under eighteen years of age.  Sale  of  non-tobacco  shisha,
pipes,  or  rolling papers in such places shall be made only to an indi-
vidual who demonstrates, through a driver's license or other photograph-
ic identification card issued by  a  government  entity  or  educational
institution, that the individual is at least eighteen years of age. Such
identification  need  not  be  required of any individual who reasonably
appears to be at least twenty-five years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding  alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
  c. Any person operating a place of business wherein cigarettes, tobac-
co  products, LIQUID NICOTINE, electronic cigarettes, herbal cigarettes,
non-tobacco shisha, pipes, or rolling papers are  sold  or  offered  for
sale  shall  post  in a conspicuous place a sign, in accordance with the
rules of the department, advising persons about the minimum age require-
ments for the purchase of such items.
  S 4. The general business law is amended by adding a new section  399-
gg to read as follows:
  S  399-GG. LABELING AND PACKAGING OF ELECTRONIC LIQUID.  1. NO PERSON,
FIRM OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRONIC  LIQUID,
AS  DEFINED  IN  PARAGRAPH  (E)  OF  SUBDIVISION ONE OF SECTION THIRTEEN
HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS THERE IS PRINTED
ON THE PACKAGE IN WHICH SUCH ELECTRONIC LIQUID IS SOLD  OR  OFFERED  FOR
SALE A CONSPICUOUS NOTICE STATING:
  (A) THE PERCENTAGE OF NICOTINE IN SUCH ELECTRONIC LIQUID; AND
  (B) A LIST OF ANY OTHER INGREDIENTS IN SUCH ELECTRONIC LIQUID.
  2.  ANY  ELECTRONIC LIQUID CONTAINING ANY PERCENTAGE OF NICOTINE SHALL
CONTAIN A WARNING LABEL, PROMINENTLY DISPLAYED, WHICH STATES,  "WARNING:
THIS  PRODUCT  CONTAINS  NICOTINE  DERIVED  FROM TOBACCO. NICOTINE IS AN
ADDICTIVE CHEMICAL."
  3. NO PERSON, FIRM OR CORPORATION SHALL SELL OR  OFFER  FOR  SALE  ANY
ELECTRONIC  LIQUID,  AS  DEFINED  IN PARAGRAPH (E) OF SUBDIVISION ONE OF
SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS
THE ELECTRONIC LIQUID IS SOLD OR OFFERED FOR SALE IN A  CHILD  RESISTANT
BOTTLE  WHICH  IS DESIGNED TO PREVENT ACCIDENTAL EXPOSURE OF CHILDREN TO
ELECTRONIC LIQUIDS.
  4. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED ONE THOUSAND DOLLARS.
  S 5. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9299--C
                                                        Cal. No. 853

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, WEPRIN, GOTTFRIED -- read once and
  referred to the Committee on  Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee  on  Codes  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading --  again
  amended  on  third  reading, ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the public health law and the administrative code of the
  city of New York, in relation to prohibiting the sale of liquid  nico-
  tine  to minors; and to amend the general business law, in relation to
  the labeling and packaging of electronic liquid

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision  13 of section 1399-aa of the public health
law, as added by chapter 448 of the laws of 2012, is amended to read  as
follows:
  13.  "Electronic cigarette" or "e-cigarette" means [a battery-operated
device that contains cartridges filled with a combination  of  nicotine,
flavor  and chemicals that are turned into vapor which is inhaled by the
user] AN ELECTRONIC DEVICE THAT DELIVERS VAPOR WHICH IS  INHALED  BY  AN
INDIVIDUAL  USER  AND  SHALL INCLUDE ANY REFILL, CARTRIDGE AND ANY OTHER
COMPONENT OF SUCH A DEVICE.
  S 2.  Section 1399-cc of the public health law, as amended by  chapter
131  of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by chap-
ter 448 of the laws of 2012, is amended to read as follows:
  S 1399-cc. Sale of tobacco products, herbal cigarettes,  LIQUID  NICO-
TINE,  shisha, rolling papers or smoking paraphernalia to minors prohib-
ited. 1. As used in this section:
  (a) "A device  capable  of  deciphering  any  electronically  readable
format"  or  "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading  the
information  encoded  on  the  bar  code or magnetic strip of a driver's

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14563-09-4

A. 9299--C                          2

license or non-driver identification card issued by  the  state  commis-
sioner of motor vehicles;
  (b)  "Card  holder"  means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
ing  papers,  vaporizer  or  any  other  device,  equipment or apparatus
designed for the inhalation of tobacco; [and]
  (d) "Transaction scan" means the process involving  an  automated  bar
code  reader  by  which  a  licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver  identifica-
tion  card  presented  as  a  precondition for the purchase of a tobacco
product or herbal cigarettes  pursuant  to  subdivision  three  of  this
section; AND
  (E)  "LIQUID  NICOTINE",  "ELECTRONIC  LIQUID"  OR  "E-LIQUID" MEANS A
LIQUID COMPOSED OF NICOTINE AND OTHER CHEMICALS, AND WHICH IS SOLD AS  A
PRODUCT THAT MAY BE USED IN AN ELECTRONIC CIGARETTE.
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes, are
sold or offered for sale  is  prohibited  from  selling  such  products,
herbal  cigarettes,  LIQUID  NICOTINE,  shisha, electronic cigarettes or
smoking paraphernalia to individuals under eighteen years  of  age,  and
shall  post  in  a  conspicuous  place  a sign upon which there shall be
imprinted the following statement, "SALE OF CIGARETTES, CIGARS,  CHEWING
TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR  OTHER TOBACCO PRODUCTS, HERBAL
CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,  ROLLING  PAPERS  OR
SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
ITED  BY LAW." Such sign shall be printed on a white card in red letters
at least one-half inch in height.
  3. Sale of  tobacco  products,  herbal  cigarettes,  LIQUID  NICOTINE,
shisha  or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who  demonstrates,  through
(a)  a valid driver's license or non-driver's identification card issued
by the commissioner of  motor  vehicles,  the  federal  government,  any
United  States  territory,  commonwealth  or possession, the District of
Columbia, a state government within the United States  or  a  provincial
government  of the dominion of Canada, or (b) a valid passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the  United  States,  indicating
that  the individual is at least eighteen years of age. Such identifica-
tion need not be required of any individual who reasonably appears to be
at least twenty-five years of age, provided, however, that such  appear-
ance  shall not constitute a defense in any proceeding alleging the sale
of a tobacco product, herbal  cigarettes,  LIQUID  NICOTINE,  shisha  or
electronic cigarettes to an individual under eighteen years of age.
  4.  (a)  Any  person  operating  a  place  of business wherein tobacco
products, herbal cigarettes, LIQUID NICOTINE, shisha or electronic ciga-
rettes are sold or offered for sale may perform a transaction scan as  a
precondition for such purchases.
  (b)  In  any  instance  where the information deciphered by the trans-
action scan fails to match  the  information  printed  on  the  driver's
license  or  non-driver  identification card, or if the transaction scan
indicates that the information is false  or  fraudulent,  the  attempted
transaction shall be denied.
  (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative  defense  that  such

A. 9299--C                          3

person had produced a driver's license or non-driver identification card
apparently  issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product [or],  herbal  cigarettes
OR  LIQUID  NICOTINE had been sold, delivered or given to such person in
reasonable reliance upon such identification and  transaction  scan.  In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, herbal cigarettes,  LIQUID  NICOTINE,
shisha  or  electronic  cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such
affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.
  5. A licensee or agent or employee of such licensee shall only  use  a
device  capable  of  deciphering any electronically readable format, and
shall only use the information recorded and maintained through  the  use
of  such devices, for the purposes contained in subdivision four of this
section. No licensee or agent or employee of a licensee shall resell  or
disseminate  the  information  recorded  during such a scan to any third
person. Such prohibited resale or  dissemination  includes  but  is  not
limited   to  any  advertising,  marketing  or  promotional  activities.
Notwithstanding the  restrictions  imposed  by  this  subdivision,  such
records may be released pursuant to a court ordered subpoena or pursuant
to  any  other  statute that specifically authorizes the release of such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  6. A licensee or agent or employee of such a  licensee  may  electron-
ically  or  mechanically record and maintain only the information from a
transaction scan necessary to effectuate this section. Such  information
shall  be  limited  to  the  following: (a) name, (b) date of birth, (c)
driver's license or non-driver identification number, and (d) expiration
date. The commissioner and state commissioner of  motor  vehicles  shall
jointly promulgate any regulations necessary to govern the recording and
maintenance  of  these  records  by  a  licensee under this chapter. The
commissioner and the state liquor authority shall jointly promulgate any
regulation necessary to ensure quality control in the use of the  trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.
  7.  No  person operating a place of business wherein tobacco products,
herbal cigarettes, LIQUID NICOTINE, shisha or electronic cigarettes  are
sold  or  offered for sale shall sell, permit to be sold, offer for sale
or display for sale any tobacco product, herbal cigarettes, LIQUID NICO-
TINE, 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 subdivision eight of section thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons eighteen years of age or older.
  S 3. Section 17-706 of the administrative code  of  the  city  of  New
York,  as amended by local law number 94 of the city of New York for the
year 2013, is amended to read as follows:
  S 17-706 Sale of cigarettes, tobacco  products,  LIQUID  NICOTINE,  or
electronic cigarettes to minors and young adults prohibited.

A. 9299--C                          4

  a. Any person operating a place of business wherein cigarettes, tobac-
co  products,  LIQUID  NICOTINE,  or  electronic  cigarettes are sold or
offered for sale is prohibited from  selling  such  cigarettes,  tobacco
products, LIQUID NICOTINE, or electronic cigarettes to individuals under
twenty-one  years  of  age. Sale of cigarettes, tobacco products, LIQUID
NICOTINE, or electronic cigarettes in such places shall be made only  to
an  individual  who  demonstrates,  through  a driver's license or other
photographic identification card issued by a government entity or educa-
tional institution, that the individual is at least twenty-one years  of
age.  Such  identification  need  not  be required of any individual who
reasonably appears to be at least thirty years of age, provided,  howev-
er,  that such appearance shall not constitute a defense in any proceed-
ing alleging the sale of cigarettes, tobacco products,  LIQUID  NICOTINE
or electronic cigarettes to an individual under twenty-one years of age.
  b.  Any  person  operating  a  place  of  business wherein non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited from selling such non-tobacco shisha, pipes, or rolling  papers  to
individuals  under  eighteen  years  of age. Sale of non-tobacco shisha,
pipes, or rolling papers in such places shall be made only to  an  indi-
vidual who demonstrates, through a driver's license or other photograph-
ic  identification  card  issued  by  a government entity or educational
institution, that the individual is at least eighteen years of age. Such
identification need not be required of  any  individual  who  reasonably
appears to be at least twenty-five years of age, provided, however, that
such  appearance shall not constitute a defense in any proceeding alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
  c. Any person operating a place of business wherein cigarettes, tobac-
co products, LIQUID NICOTINE, electronic cigarettes, herbal  cigarettes,
non-tobacco  shisha,  pipes,  or  rolling papers are sold or offered for
sale shall post in a conspicuous place a sign, in  accordance  with  the
rules of the department, advising persons about the minimum age require-
ments for the purchase of such items.
  S  4. The general business law is amended by adding a new section 399-
gg to read as follows:
  S 399-GG. LABELING AND PACKAGING OF ELECTRONIC LIQUID.  1. NO  PERSON,
FIRM  OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY ELECTRONIC LIQUID,
AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF  SECTION  THIRTEEN
HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS THERE IS PRINTED
ON  THE  PACKAGE  IN WHICH SUCH ELECTRONIC LIQUID IS SOLD OR OFFERED FOR
SALE A CONSPICUOUS NOTICE STATING:
  (A) THE PERCENTAGE OF NICOTINE IN SUCH ELECTRONIC LIQUID; AND
  (B) A LIST OF ANY OTHER INGREDIENTS IN SUCH ELECTRONIC LIQUID.
  2. ANY ELECTRONIC LIQUID CONTAINING ANY PERCENTAGE OF  NICOTINE  SHALL
CONTAIN  A WARNING LABEL, PROMINENTLY DISPLAYED, WHICH STATES, "WARNING:
THIS PRODUCT CONTAINS NICOTINE DERIVED  FROM  TOBACCO.  NICOTINE  IS  AN
ADDICTIVE CHEMICAL."
  3.  NO  PERSON,  FIRM  OR CORPORATION SHALL SELL OR OFFER FOR SALE ANY
ELECTRONIC LIQUID, AS DEFINED IN PARAGRAPH (E)  OF  SUBDIVISION  ONE  OF
SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW, UNLESS
THE  ELECTRONIC  LIQUID IS SOLD OR OFFERED FOR SALE IN A CHILD RESISTANT
BOTTLE WHICH IS DESIGNED TO PREVENT ACCIDENTAL EXPOSURE OF  CHILDREN  TO
ELECTRONIC LIQUIDS.
  4. ANY VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENAL-
TY NOT TO EXCEED ONE THOUSAND DOLLARS.
  S 5. This act shall take effect immediately.