Bill Text: NY S07212 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires all online sellers of smoking products to require a recipient, at the delivery address upon delivery, to demonstrate that the recipient is at least twenty-one years of age by providing a valid form of photographic identification; requires a recipient to sign an electronic or paper form or other acknowledgement of receipt as approved by the department of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-25 - PRINT NUMBER 7212A [S07212 Detail]

Download: New_York-2019-S07212-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7212

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 the regulation  of
          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. The public health law is amended by adding  a  new  section
     2  1399-ccc to read as follows:
     3    §  1399-ccc. Online sale of tobacco products. 1. All online sellers of
     4  tobacco products, herbal cigarettes, liquid  nicotine,  shisha,  rolling
     5  papers,  electronic cigarettes or smoking paraphernalia purchased online
     6  shall ensure that the outside of each shipping container  used  to  ship
     7  such tobacco product, herbal cigarette, liquid nicotine, shisha, rolling
     8  paper,  electronic  cigarette or smoking paraphernalia directly to a New
     9  York resident is conspicuously labeled with the words: "CONTAINS TOBACCO
    10  PRODUCTS - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR  DELIVERY  -
    11  NOT  FOR  RESALE"  or  with  other language specifically approved by the
    12  department.
    13    2. All online sellers of tobacco products, herbal  cigarettes,  liquid
    14  nicotine,  shisha,  rolling  papers,  electronic  cigarettes  or smoking
    15  paraphernalia shall require common carriers to:
    16    (a) require a recipient, at the delivery address,  upon  delivery,  to
    17  demonstrate  that  the  recipient is at least twenty-one years of age by
    18  providing a valid form  of  photographic  identification  authorized  by
    19  subdivision  three  of  section  thirteen hundred ninety-nine-cc of this
    20  article;
    21    (b) require a recipient to sign an electronic or paper form  or  other
    22  acknowledgement of receipt as approved by the department; and
    23    (c)  refuse  delivery  when the proposed recipient appears to be under
    24  twenty-one years of age and refuses to present valid  identification  as
    25  required by paragraph (a) of this subdivision.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02162-01-9