N.Y. Public Health Law § 1399-ll*2: Sale of bidis prohibited

* § 1399-ll. Sale of bidis prohibited. 1. No person shall knowingly

sell or provide bidis to any other person. Notwithstanding that bidis is

a tobacco product, no other provision of law authorizing the sale of

tobacco products, other than subdivision two of this section, shall

authorize the sale of bidis. Any person who violates the provisions of

this subdivision shall be subject to a civil fine of not more than five

hundred dollars.

2. (a) The provisions of subdivision one of this section shall not

apply to a tobacco business, as defined in subdivision eight of section

thirteen hundred ninety-nine-aa of this article.

(b) Any person operating a tobacco business wherein bidis is sold or

offered for sale is prohibited from selling such bidis to individuals

under twenty-one years of age, and shall post in a conspicuous place a

sign upon which there shall be imprinted the following statement, "SALE

OF BIDIS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."

Such sign shall be printed on a white card in red letters at least

one-half inch in height.

(c) Sales of bidis by a tobacco business shall be made only to an

individual who demonstrates, through a driver's license or other

photographic identification card issued by a government entity or

educational institution 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 to an

individual under twenty-one years of age.

(d)(i) Any person operating a tobacco business wherein bidis is sold

or offered for sale may perform a transaction scan as a precondition for

such purchases.

(ii) In any instance where the information deciphered by the

transaction scan fails to match the information printed on the driver's

license or non-driver identification card, or if the transaction scan

indicates that the information is false or fraudulent, the attempted

transaction shall be denied.

(iii) In any proceeding pursuant to section thirteen hundred

ninety-nine-ee of this article, it shall be an affirmative defense that

such person had produced a driver's license or non-driver identification

card apparently issued by a governmental entity, successfully completed

that transaction scan, and that the bidis had been sold, delivered or

given to such person in reasonable reliance upon such identification and

transaction scan. In evaluating the applicability of such affirmative

defense the commissioner shall take into consideration any written

policy adopted and implemented by the seller to effectuate the

provisions of this chapter. Use of a transaction scan shall not excuse

any person operating a tobacco business wherein bidis is sold, or the

agent or employee of such person, from the exercise of reasonable

diligence otherwise required by this chapter. Notwithstanding the above

provisions, any such affirmative defense shall not be applicable in any

civil or criminal proceeding, or in any other forum.

(e) A tobacco business or agent or employee of such business shall

only use a device capable of deciphering any electronically readable

format, and shall only use the information recorded and maintained

through the use of such devices, for the purposes contained in paragraph

(d) of this subdivision. No tobacco business or agent or employee of

such business shall resell or disseminate the information recorded

during such a scan to any third person. Such prohibited resale or

dissemination includes but is not limited to any advertising, marketing

or promotional activities. Notwithstanding the restrictions imposed by

this paragraph, such records may be released pursuant to a court ordered

subpoena or pursuant to any other statute that specifically authorizes

the release of such information. Each violation of this paragraph shall

be punishable by a civil penalty of not more than one thousand dollars.

(f) A tobacco business or agent or employee of such business may

electronically or mechanically record and maintain only the information

from a transaction scan necessary to effectuate this section. Such

information shall be limited to the following: (i) name, (ii) date of

birth, (iii) driver's license or non-driver identification number, and

(iv) expiration date.

(g) As used in this subdivision, "a device capable of deciphering any

electronically readable format", "card holder" and "transaction scan"

shall have the same meanings as are ascribed to such terms by section

thirteen hundred ninety-nine-cc of this article.

* NB There are 2 § 1399-ll's