N.Y. Public Health Law § 1399-bb: Distribution of tobacco products, vapor products, or herbal cigarettes without charge

§ 1399-bb. Distribution of tobacco products, vapor products, or herbal

cigarettes without charge. 1. No retail dealer, or any agent or employee

of a retail dealer engaged in the business of selling or otherwise

distributing tobacco products, vapor products intended or reasonably

expected to be used with or for the consumption of nicotine, or herbal

cigarettes for commercial purposes, or any agent or employee of such

retail dealer, or any agent or employee of a retail dealer, shall

knowingly, in furtherance of such business:

(a) distribute without charge any tobacco products, vapor products

intended or reasonably expected to be used with or for the consumption

of nicotine, or herbal cigarettes to any individual, provided that the

distribution of a package containing tobacco products, vapor products

intended or reasonably expected to be used with or for the consumption

of nicotine, or herbal cigarettes in violation of this subdivision shall

constitute a single violation without regard to the number of items in

the package; or

(b) distribute price reduction instruments which are redeemable for

tobacco products, vapor products intended or reasonably expected to be

used with or for the consumption of nicotine, or herbal cigarettes to

any individual, provided that this subdivision shall not apply to

coupons contained in newspapers, magazines or other types of

publications, coupons obtained through the purchase of tobacco products,

vapor products intended or reasonably expected to be used with or for

the consumption of nicotine, or herbal cigarettes or obtained at

locations which sell tobacco products, vapor products intended or

reasonably expected to be used with or for the consumption of nicotine,

or herbal cigarettes provided that such distribution is confined to a

designated area or to coupons sent through the mail.

1-a. No retail dealer engaged in the business of selling or otherwise

distributing tobacco products, herbal cigarettes, or vapor products

intended or reasonably expected to be used with or for the consumption

of nicotine for commercial purposes, or any agent or employee of such

retail dealer, shall knowingly, in furtherance of such business:

(a) honor or accept a price reduction instrument in any transaction

related to the sale of tobacco products, herbal cigarettes, or vapor

products intended or reasonably expected to be used with or for the

consumption of nicotine to a consumer;

(b) sell or offer for sale any tobacco products, herbal cigarettes, or

vapor products intended or reasonably expected to be used with or for

the consumption of nicotine to a consumer through any multi-package

discount or otherwise provide to a consumer any tobacco products, herbal

cigarettes, or vapor products intended or reasonably expected to be used

with or for the consumption of nicotine for less than the listed price

or non-discounted price in exchange for the purchase of any other

tobacco products, herbal cigarettes, or vapor products intended or

reasonably expected to be used with or for the consumption of nicotine

by such consumer;

(c) sell, offer for sale, or otherwise provide any product other than

a tobacco product, herbal cigarette, or vapor product intended or

reasonably expected to be used with or for the consumption of nicotine

to a consumer for less than the listed price or non-discounted price in

exchange for the purchase of a tobacco product, herbal cigarette, or

vapor product intended or reasonably expected to be used with or for the

consumption of nicotine by such consumer; or

(d) sell, offer for sale, or otherwise provide a tobacco product,

herbal cigarette, or vapor product intended or reasonably expected to be

used with or for the consumption of nicotine to a consumer for less than

the listed price or non-discounted price.

2. The prohibitions contained in subdivision one of this section shall

not apply to the following locations:

(a) private social functions when seating arrangements are under the

control of the sponsor of the function and not the owner, operator,

manager or person in charge of such indoor area;

(b) conventions and trade shows; provided that the distribution is

confined to designated areas generally accessible only to persons over

the age of twenty-one;

(c) events sponsored by tobacco, vapor product intended or reasonably

expected to be used with or for the consumption of nicotine, or herbal

cigarette manufacturers provided that the distribution is confined to

designated areas generally accessible only to persons over the age of

twenty-one;

(d) bars as defined in subdivision one of section thirteen hundred

ninety-nine-n of this chapter;

(e) tobacco businesses as defined in subdivision eight of section

thirteen hundred ninety-nine-aa of this article;

(f) factories as defined in subdivision nine of section thirteen

hundred ninety-nine-aa of this article and construction sites; provided

that the distribution is confined to designated areas generally

accessible only to persons over the age of twenty-one.

3. No retail dealer shall distribute tobacco products, vapor products

intended or reasonably expected to be used with or for the consumption

of nicotine, or herbal cigarettes at the locations set forth in

paragraphs (b), (c) and (f) of subdivision two of this section unless

such person gives five days written notice to the enforcement officer.

4. No retail dealer engaged in the business of selling or otherwise

distributing electronic cigarettes or vapor products intended or

reasonably expected to be used with or for the consumption of nicotine

for commercial purposes, or any agent or employee of such person, shall

knowingly, in furtherance of such business, distribute without charge

any electronic cigarettes to any individual under twenty-one years of

age.

5. The distribution of tobacco products, electronic cigarettes, vapor

products intended or reasonably expected to be used with or for the

consumption of nicotine, or herbal cigarettes pursuant to subdivision

two of this section or the distribution without charge of electronic

cigarettes, or vapor products intended or reasonably expected to be used

with or for the consumption of nicotine, shall be made only to an

individual who demonstrates, through (a) a driver's license or

non-driver identification card issued by the commissioner of motor

vehicles, the federal government, any United States territory,

commonwealth, or possession, the District of Columbia, a state

government within the United States, or a provincial government of the

dominion of Canada, (b) a valid passport issued by the United States

government or the government of any other country, or (c) an

identification card issued by the armed forces of the United States,

indicating that the individual is at least twenty-one years of age. Such

identification need not be required of any individual who reasonably

appears to be at least twenty-five years of age; provided, however, that

such appearance shall not constitute a defense in any proceeding

alleging the sale of a tobacco product, electronic cigarette, vapor

product intended or reasonably expected to be used with or for the

consumption of nicotine, or herbal cigarette or the distribution without

charge of electronic cigarettes, or vapor products intended or

reasonably expected to be used with or for the consumption of nicotine

to an individual.