Bill Text: NY S02833 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases the age to purchase tobacco products from 18 years old to 21 years old.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2019-07-16 - signed chap.100 [S02833 Detail]
Download: New_York-2019-S02833-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2833 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the penal law, in relation to increasing the purchasing age for tobacco products from eighteen to twenty-one The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 1399-aa of the public health law, 2 as added by chapter 799 of the laws of 1992, is amended to read as 3 follows: 4 4. "Private club" means an organization with no more than an insignif- 5 icant portion of its membership comprised of people under the age of 6 [eighteen] twenty-one years that regularly receives dues and/or payments 7 from its members for the use of space, facilities and services. 8 § 2. Paragraphs (b), (c) and (f) of subdivision 2 of section 1399-bb 9 of the public health law, as amended by chapter 13 of the laws of 2003, 10 are amended to read as follows: 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] twenty-one; 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] twenty-one; 17 (f) factories as defined in subdivision nine of section thirteen 18 hundred ninety-nine-aa of this article and construction sites; provided 19 that the distribution is confined to designated areas generally accessi- 20 ble only to persons over the age of [eighteen] twenty-one. 21 § 3. Subdivisions 4 and 5 of section 1399-bb of the public health law, 22 as amended by chapter 4 of the laws of 2018, are amended to read as 23 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00518-02-9S. 2833 2 1 4. No person engaged in the business of selling or otherwise distrib- 2 uting electronic cigarettes for commercial purposes, or any agent or 3 employee of such person, shall knowingly, in furtherance of such busi- 4 ness, distribute without charge any electronic cigarettes to any indi- 5 vidual under [eighteen] twenty-one years of age. 6 5. The distribution of tobacco products or herbal cigarettes pursuant 7 to subdivision two of this section or the distribution without charge of 8 electronic cigarettes shall be made only to an individual who demon- 9 strates, through a driver's license or other photographic identification 10 card issued by a government entity or educational institution indicating 11 that the individual is at least [eighteen] twenty-one years of age. Such 12 identification need not be required of any individual who reasonably 13 appears to be at least twenty-five years of age; provided, however, that 14 such appearance shall not constitute a defense in any proceeding alleg- 15 ing the sale of a tobacco product, electronic cigarette or herbal ciga- 16 rette or the distribution without charge of electronic cigarettes to an 17 individual. 18 § 4. Subdivisions 2, 3 and 7 of section 1399-cc of the public health 19 law, as amended by chapter 542 of the laws of 2014, are amended to read 20 as follows: 21 2. Any person operating a place of business wherein tobacco products, 22 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are 23 sold or offered for sale is prohibited from selling such products, 24 herbal cigarettes, liquid nicotine, shisha, electronic cigarettes or 25 smoking paraphernalia to individuals under [eighteen] twenty-one years 26 of age, and shall post in a conspicuous place a sign upon which there 27 shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, 28 CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, 29 HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING 30 PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE 31 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a 32 white card in red letters at least one-half inch in height. 33 3. Sale of tobacco products, herbal cigarettes, liquid nicotine, 34 shisha or electronic cigarettes in such places, other than by a vending 35 machine, shall be made only to an individual who demonstrates, through 36 (a) a valid driver's license or non-driver's identification card issued 37 by the commissioner of motor vehicles, the federal government, any 38 United States territory, commonwealth or possession, the District of 39 Columbia, a state government within the United States or a provincial 40 government of the dominion of Canada, or (b) a valid passport issued by 41 the United States government or any other country, or (c) an identifica- 42 tion card issued by the armed forces of the United States, indicating 43 that the individual is at least [eighteen] twenty-one years of age. Such 44 identification need not be required of any individual who reasonably 45 appears to be at least twenty-five years of age, provided, however, that 46 such appearance shall not constitute a defense in any proceeding alleg- 47 ing the sale of a tobacco product, herbal cigarettes, liquid nicotine, 48 shisha or electronic cigarettes to an individual under [eighteen] twen- 49 ty-one years of age. 50 7. No person operating a place of business wherein tobacco products, 51 herbal cigarettes, liquid nicotine, shisha or electronic cigarettes are 52 sold or offered for sale shall sell, permit to be sold, offer for sale 53 or display for sale any tobacco product, herbal cigarettes, liquid nico- 54 tine, shisha or electronic cigarettes in any manner, unless such 55 products and cigarettes are stored for sale (a) behind a counter in an 56 area accessible only to the personnel of such business, or (b) in aS. 2833 3 1 locked container; provided, however, such restriction shall not apply to 2 tobacco businesses, as defined in subdivision eight of section thirteen 3 hundred ninety-nine-aa of this article, and to places to which admission 4 is restricted to persons [eighteen] twenty-one years of age or older. 5 § 5. Subdivision (d) of section 1399-dd of the public health law, as 6 amended by chapter 448 of the laws of 2012, is amended to read as 7 follows: 8 (d) in a place of employment which has an insignificant portion of its 9 regular workforce comprised of people under the age of [eighteen] twen- 10 ty-one years and only in such locations that are not accessible to the 11 general public; provided, however, that in such locations the vending 12 machine is located in plain view and under the direct supervision and 13 control of the person in charge of the location or his or her designated 14 agent or employee. 15 § 6. Subdivision 1 of section 1399-ff of the public health law, as 16 amended by chapter 448 of the laws of 2012, is amended to read as 17 follows: 18 1. Where a civil penalty for a particular incident has not been 19 imposed or an enforcement action regarding an alleged violation for a 20 particular incident is not pending under section thirteen hundred nine- 21 ty-nine-ee of this article, a parent or guardian of a [minor] person 22 under twenty-one years of age to whom tobacco products, herbal ciga- 23 rettes or electronic cigarettes are sold or distributed in violation of 24 this article may submit a complaint to an enforcement officer setting 25 forth the name and address of the alleged violator, the date of the 26 alleged violation, the name and address of the complainant and the 27 [minor] person under twenty-one years of age, and a brief statement 28 describing the alleged violation. The enforcement officer shall notify 29 the alleged violator by certified or registered mail, return receipt 30 requested, that a complaint has been submitted, and shall set a date, at 31 least fifteen days after the mailing of such notice, for a hearing on 32 the complaint. Such notice shall contain the information submitted by 33 the complainant. 34 § 7. Paragraphs (b) and (c) of subdivision 2 of section 1399-ll of the 35 public health law, as added by chapter 518 of the laws of 2000, are 36 amended to read as follows: 37 (b) Any person operating a tobacco business wherein bidis is sold or 38 offered for sale is prohibited from selling such bidis to individuals 39 under [eighteen] twenty-one years of age, and shall post in a conspicu- 40 ous place a sign upon which there shall be imprinted the following 41 statement, "SALE OF BIDIS TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 42 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 43 card in red letters at least one-half inch in height. 44 (c) Sales of bidis by a tobacco business shall be made only to an 45 individual who demonstrates, through a driver's license or other photo- 46 graphic identification card issued by a government entity or educational 47 institution indicating that the individual is at least [eighteen] twen- 48 ty-one years of age. Such identification need not be required of any 49 individual who reasonably appears to be at least twenty-five years of 50 age, provided, however, that such appearance shall not constitute a 51 defense in any proceeding alleging the sale of a tobacco product to an 52 individual under [eighteen] twenty-one years of age. 53 § 8. Subdivision 1 and paragraphs (b) and (c) of subdivision 2 of 54 section 1399-mm of the public health law, as added by chapter 549 of the 55 laws of 2003, are amended to read as follows:S. 2833 4 1 1. No person shall knowingly sell or provide gutka to any other person 2 under [eighteen] twenty-one years of age. No other provision of law 3 authorizing the sale of tobacco products, other than subdivision two of 4 this section, shall authorize the sale of gutka. Any person who 5 violates the provisions of this subdivision shall be subject to a civil 6 penalty of not more than five hundred dollars. 7 (b) Any person operating a tobacco business wherein gutka is sold or 8 offered for sale is prohibited from selling such gutka to individuals 9 under [eighteen] twenty-one years of age, and shall post in a conspicu- 10 ous place a sign upon which there shall be imprinted the following 11 statement, "SALE OF GUTKA TO PERSONS UNDER [EIGHTEEN] TWENTY-ONE YEARS 12 OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white 13 card in red letters at least one-half inch in height. 14 (c) Sales of gutka by a tobacco business shall be made only to an 15 individual who demonstrates, through a driver's license or other photo- 16 graphic identification card issued by a government entity or educational 17 institution indicating that the individual is at least [eighteen] twen- 18 ty-one years of age. Such identification need not be required of any 19 individual who reasonably appears to be at least twenty-five years of 20 age, provided, however, that such appearance shall not constitute a 21 defense in any proceeding alleging the sale of a tobacco product to an 22 individual under [eighteen] twenty-one years of age. 23 § 9. Subdivision 3 of section 260.21 of the penal law, as added by 24 chapter 362 of the laws of 1992, is amended to read as follows: 25 3. He or she sells or causes to be sold tobacco in any form to a child 26 less than [eighteen] twenty-one years old. 27 § 10. This act shall take effect on the one hundred twentieth day 28 after it shall have become a law.