Relates to prohibiting the distribution without charge of electronic cigarettes to minors

Title of bill

An act to amend the public health law, in relation to prohibiting the distribution without charge of electronic cigarettes to minors

Purpose or general idea of bill

This bill prohibits the distribution or sale of electronic cigarettes to minors, by any person engaged in the business of selling or distributing electronic cigarettes for commercial purposes, or by any agent and or employee.

Summary of specific provisions

Section 1 states that no person engaged in the business of selling or distributing electronic cigarettes for commercial purposes, may knowingly distribute without charge or sell electronic cigarettes to individuals under the age of eighteen. The distribution or sale of electronic cigarettes may only be made to an individual who can demonstrate that they are at least eighteen years old, by providing a driver's license or government issued form of photographic identification to the distributor.

If the person appears to be at least twenty-five years of age, they shall not be required to have such identification. However, this appearance shall not constitute a defense in any proceeding relating to an alleged sale of an electronic cigarette.

Justification

Currently, New York State's public health law does not specifically include electronic cigarettes in the distribution of tobacco products without charge to minors, despite it being illegal to sell electronic cigarettes those under eighteen. Due to this oversight, manufacturers are able to distribute free samples of electronic cigarettes to those under eighteen years of age. Although it can happen anywhere, it's been a particular problem at music festivals and other large events.

According to the U.S. Centers for Disease Control Prevention, the use of e-cigarettes has nearly tripled in just one year's time, including an increase in those under eighteen. While electronic cigarettes do not contain tobacco, they contain nicotine which has been proven to be addictive, have negative effects on working memory, cause attention issues, and create cognitive and behavioral impairments on youth.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.