Bill Text: NY A00341 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Requires that online purchasers of tobacco products digitally upload a government-issued identification for verification of age, and requires sellers to include the words "TOBACCO PRODUCT" on the purchaser's billing statement for online sales.

Spectrum: Slight Partisan Bill (Democrat 19-7)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A00341 Detail]

Download: New_York-2019-A00341-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           341
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to the online sale of
          tobacco products
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (d) of subdivision 1 of section 1399-cc of the
     2  public health law, as amended by chapter 542 of the  laws  of  2014,  is
     3  amended to read as follows:
     4    (d)  "Transaction  scan"  means the process involving an automated bar
     5  code reader by which a licensee, or agent  or  employee  of  a  licensee
     6  under  this chapter reviews a driver's license or non-driver identifica-
     7  tion card presented as a precondition for  the  purchase  of  a  tobacco
     8  product  or  herbal  cigarettes  pursuant  to [subdivision] subdivisions
     9  three and three-a of this section; and
    10    § 2. Section 1399-cc of the public health law is amended by  adding  a
    11  new subdivision 3-a to read as follows:
    12    3-a.  Online sale of tobacco products, herbal cigarettes, liquid nico-
    13  tine, shisha or electronic cigarettes shall be made only to an  individ-
    14  ual  who  digitally  uploads  to  the  website  of the place of business
    15  conducting such sale (a) a valid driver's license or non-driver's  iden-
    16  tification card issued by the commissioner of motor vehicles, the feder-
    17  al  government, any United States territory, commonwealth or possession,
    18  the District of Columbia, a state government within the United States or
    19  a provincial government of the dominion of Canada, or (b) a valid  pass-
    20  port issued by the United States government or any other country, or (c)
    21  an  identification card issued by the armed forces of the United States,
    22  indicating that the individual is of legal age in the county where  such
    23  individual's  billing address is located. The purchaser's government-is-
    24  sued identification shall be uploaded in a format that allows the seller
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02163-01-9
        A. 341                              2
     1  to conduct a transaction scan. Such identification shall be required for
     2  all online purchases, regardless of age. For any purchase made  pursuant
     3  to  this  subdivision,  including  purchases from sellers outside of the
     4  state  of New York, the words "TOBACCO PRODUCT" shall be included on the
     5  monthly billing statement for such transaction.
     6    § 3. This act shall take effect on the sixtieth  day  after  it  shall
     7  have become a law.