STATE OF NEW YORK ________________________________________________________________________ 340 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 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02162-01-9

A. 340 2 1 (c) refuse delivery when the proposed recipient appears to be under 2 twenty-one years of age and refuses to present valid identification as 3 required by paragraph (a) of this subdivision. 4 § 2. This act shall take effect immediately.