STATE OF NEW YORK ________________________________________________________________________ 10657 IN ASSEMBLY May 10, 2018 ___________ Introduced by M. of A. PAULIN, L. ROSENTHAL, GOTTFRIED, DINOWITZ, GALEF, McDONOUGH, ARROYO, BUCHWALD, DICKENS, D'URSO, FERNANDEZ, TAYLOR, ERRI- GO, MONTESANO -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to including elec- tronic cigarettes in the regulation of tobacco products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 13 of section 1399-aa of the public health law, 2 as amended by chapter 542 of the laws of 2014, is amended to read as 3 follows: 4 13. "Electronic cigarette" or "e-cigarette" means an electronic device 5 that delivers vapor which is inhaled by an individual user, and shall 6 include any refill, cartridge and any other component of such a device. 7 For the purposes of this article, electronic cigarettes and e-cigarettes 8 shall be deemed to be cigarettes. 9 § 2. Subdivision 2 of section 1399-gg of the public health law, as 10 added by chapter 513 of the laws of 2004, is amended to read as follows: 11 2. No person engaged in the business of manufacturing, selling or 12 otherwise distributing tobacco products, herbal cigarettes, cigarette 13 wrapping papers, wrapping leaves or tubes, or any agent or employee of 14 such person, shall manufacture or cause to be manufactured for sale in 15 this state, or sell or distribute in this state: (a) any package or 16 other container of cigarettes containing fewer than twenty cigarettes 17 (other than electronic cigarettes); (b) any package of roll-your-own 18 tobacco containing less than six-tenths of an ounce of tobacco; or (c) 19 any package or other container of cigarette wrapping papers, wrapping 20 leaves or tubes, that are or are held out to be suitable for use or used 21 as devices to wrap tobacco for smoking, containing fewer than twenty 22 sheets, leaves or tubes. 23 § 3. Subdivision 2 of section 1399-ll of the public health law, as 24 added by chapter 262 of the laws of 2000, is amended to read as follows: 25 2. It shall be unlawful for any common or contract carrier to knowing- 26 ly transport cigarettes to any person in this state reasonably believed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15826-01-8

A. 10657 2 1 by such carrier to be other than a person described in paragraph (a), 2 (b) or (c) of subdivision one of this section. For purposes of the 3 preceding sentence, if cigarettes are transported to a home or resi- 4 dence, it shall be presumed that the common or contract carrier knew 5 that such person was not a person described in paragraph (a), (b) or (c) 6 of subdivision one of this section. It shall be unlawful for any other 7 person to knowingly transport cigarettes to any person in this state, 8 other than to a person described in paragraph (a), (b) or (c) of subdi- 9 vision one of this section. Nothing in this subdivision shall be 10 construed to prohibit a person other than a common or contract carrier 11 from transporting not more than eight hundred cigarettes or twenty-four 12 electronic cigarettes at any one time to any person in this state. 13 § 4. This act shall take effect immediately.