Prohibits the sale of electronic cigarettes to persons under 18 years of age.
TITLE OF BILL: An act to amend the public health law, in relation to prohibiting electronic cigarette sales to minors
PURPOSE: To prohibit the sale of electronic cigarettes to minors.
SUMMARY OF PROVISIONS: Section 1 of the bill adds to new subdivisions, 12 and 13, to section 1399-aa of the public health law to define the terms "electronic cigarette" and "electronic cigarette cartridge."
Section 2 amends the subject heading and subdivisions 2,3,4 and 7 of
§1399-cc of the public health law to prohibit the sale of electronic cigarettes to minors.
Section 3 provides the effective date.
EXISTING LAW: Currently, there is no prohibition on the sale of electronic cigarettes to minors.
JUSTIFICATION: The electronic cigarette (e-cigarette) is a battery operated device that emits a nicotine vapor with the help of a computer chip. In addition to nicotine delivery, this vapor also provides a flavor and physical sensation similar to that of inhaled tobacco smoke while no combustion is actually involved in its operation. In addition to tobacco and coffee, flavors such as apple, strawberry, banana and bubble gum have been reported and remind us that these products are being marketed toward young people.
In a recent newsletter sent by the Western Suffolk BOCES and the Tobacco Free Schools program, it was reported that students are bringing e-cigarettes on campus to "smoke" during the school day on school property. The newsletter reveals that e-cigarettes are available for purchase on-line and in certain kiosks and that age verification is not being required by the on-line sellers of the e-cigarette. Alarmingly, preliminary studies report that e-cigarettes contain traces of toxic substances and carcinogens according to the Food and Drug Administration. With limited research available, claims that e-cigarettes are safer than normal cigarettes are unfounded and there is little evidence that they are an effective tobacco cessation tool.
E-cigarettes should not be sold to minors and this bill would prohibit such sales and would protect our children from the dangers of smoking.
LEGISLATIVE HISTORY: 2010: S.6621 - Referred to Health
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2926 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________Introduced by Sens. JOHNSON, BONACIC, DeFRANCISCO, RANZENHOFER, SEWARD -- 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 prohibiting elec- tronic cigarette sales to minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1399-aa of the public health law is amended by adding two new subdivisions 12 and 13 to read as follows: 12. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" MEANS ANY BATTERY OPERATED DEVICE DESIGNED TO EMIT A NICOTINE VAPOR UPON INHALATION WITHOUT BEING LIT. E-CIGARETTES ARE COMPOSED OF A BATTERY, A HEATING ELEMENT OR ATOM- IZER, AND A CARTRIDGE. 13. "ELECTRONIC CIGARETTE CARTRIDGE" OR "E-CIGARETTE CARTRIDGE" MEANS A COMPONENT OF AN E-CIGARETTE THAT CONTAINS LIQUID NICOTINE. S 2. The section heading and subdivisions 2, 3, 4 and 7 of section 1399-cc of the public health law, the section heading and subdivisions 2, 3 and 4 as amended by chapter 508 of the laws of 2000, subdivision 3 as separately amended by chapter 162 of the laws of 2002, and subdivi- sion 7 as amended by chapter 13 of the laws of 2003, are amended to read as follows: Sale of tobacco products, herbal cigarettes, ELECTRONIC CIGARETTES, rolling papers or pipes to minors prohibited. 2. Any person operating a place of business wherein tobacco products, ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered for sale is prohibited from selling such products, herbal cigarettes, ELECTRONIC CIGARETTES, rolling papers or pipes 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, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGARETTES, ROLLING PAPERS OR PIPES, TO PERSONSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07226-01-1 S. 2926 2
UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED 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, ELECTRONIC CIGARETTES or herbal ciga- rettes 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 identification card issued by the armed forces of the United States, indicating 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 alleging the sale of a tobacco product or herbal cigarettes to an individual under eighteen years of age. 4. (a) Any person operating a place of business wherein tobacco products, ELECTRONIC CIGARETTES or herbal cigarettes 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, ELECTRONIC CIGARETTES or herbal cigarettes 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, ELECTRONIC CIGARETTES or herbal ciga- rettes are sold, or the agent or employee of such person, from the exer- cise 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. 7. No person operating a place of business wherein tobacco products, ELECTRONIC CIGARETTES or herbal cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, ELECTRONIC CIGARETTES or herbal 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 eighteen years of age or older. S 3. This act shall take effect immediately.