A 671: Requires a prescription from a licensed physician in order to obtain an electronic cigarette.

  
  STATE OF NEW YORK ________________________________________________________________________ 671 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to requiring a prescription from a licensed physician in order to obtain an electron- ic cigarette; and to repeal certain provisions of such law relating thereto 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-ddd to read as follows: 3 § 1399-ddd. Prescription required for electronic cigarette use. 1. For 4 purposes of this section, "electronic cigarette" shall have the same 5 meaning as in subdivision thirteen of section thirteen hundred ninety- 6 nine-aa of this article. 7 2. (a) Electronic cigarettes shall be made available only to individ- 8 uals over the age of eighteen who have been prescribed to use such elec- 9 tronic cigarettes by a licensed physician authorized to issue such 10 prescriptions. Purchasing, obtaining or using electronic cigarettes 11 without a valid prescription from a licensed physician shall be prohib- 12 ited and be deemed a violation of this section. 13 (b) Electronic cigarettes shall only be made available through any 14 individual, firm, corporation or association who is licensed and regis- 15 tered to operate as a pharmacy pursuant to article one hundred thirty- 16 seven of the education law. 17 3. The commissioner is authorized to promulgate rules and regulations 18 to implement the provisions of this section. 19 § 2. Subdivision 11 of section 1399-n of the public health law is 20 REPEALED. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02052-01-5 
 A. 671 2 1 § 3. The section heading and opening paragraph of section 1399-dd of 2 the public health law, as amended by chapter 448 of the laws of 2012, 3 are amended to read as follows: 4 Sale of tobacco products[,] or herbal cigarettes [or electronic ciga- 5 rettes] in vending machines. No person, firm, partnership, company or 6 corporation shall operate a vending machine which dispenses tobacco 7 products[,] or herbal cigarettes [or electronic cigarettes] unless such 8 machine is located: 9 § 4. Subdivisions 4 and 5 of section 1399-bb of the public health law, 10 as amended by section 4 of part EE of chapter 56 of the laws of 2020, 11 are amended to read as follows: 12 4. No retail dealer engaged in the business of selling or otherwise 13 distributing [electronic cigarettes or] vapor products intended or 14 reasonably expected to be used with or for the consumption of nicotine 15 for commercial purposes[, or any agent or employee of such person, shall 16 knowingly, in furtherance of such business, distribute without charge 17 any electronic cigarettes to any individual under twenty-one years of 18 age]. 19 5. The distribution of tobacco products[, electronic cigarettes,] or 20 vapor products intended or reasonably expected to be used with or for 21 the consumption of nicotine, or herbal cigarettes pursuant to subdivi- 22 sion two of this section or the distribution without charge of [elec- 23 tronic cigarettes, or] vapor products intended or reasonably expected to 24 be used with or for the consumption of nicotine, shall be made only to 25 an individual who demonstrates, through (a) a driver's license or non- 26 driver identification card issued by the commissioner of motor vehicles, 27 the federal government, any United States territory, commonwealth, or 28 possession, the District of Columbia, a state government within the 29 United States, or a provincial government of the dominion of Canada, (b) 30 a valid passport issued by the United States government or the govern- 31 ment of any other country, or (c) an identification card issued by the 32 armed forces of the United States, indicating that the individual is at 33 least twenty-one years of age. Such identification need not be required 34 of any individual who reasonably appears to be at least twenty-five 35 years of age; provided, however, that such appearance shall not consti- 36 tute a defense in any proceeding alleging the sale of a tobacco prod- 37 uct[, electronic cigarette,] or vapor product intended or reasonably 38 expected to be used with or for the consumption of nicotine, or herbal 39 cigarette or the distribution without charge of [electronic cigarettes, 40 or] vapor products intended or reasonably expected to be used with or 41 for the consumption of nicotine to an individual. 42 § 5. Subdivisions 2, 3 and 7 of section 1399-cc of the public health 43 law, as amended by chapter 100 of the laws of 2019, are amended to read 44 as follows: 45 2. Any person operating a place of business wherein tobacco products, 46 herbal cigarettes[, liquid nicotine,] or shisha [or electronic ciga- 47 rettes,] are sold or offered for sale is prohibited from selling such 48 products, herbal cigarettes, [liquid nicotine,] shisha[, electronic 49 cigarettes] or smoking paraphernalia to individuals under twenty-one 50 years of age, and shall post in a conspicuous place a sign upon which 51 there shall be imprinted the following statement, "SALE OF CIGARETTES, 52 CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO 53 PRODUCTS, HERBAL CIGARETTES, [LIQUID NICOTINE, ELECTRONIC CIGARETTES,] 54 ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE 55 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a 56 white card in red letters at least one-half inch in height. 
 A. 671 3 1 3. Sale of tobacco products, herbal cigarettes[, liquid nicotine,] or 2 shisha [or electronic cigarettes] in such places, other than by a vend- 3 ing machine, shall be made only to an individual who demonstrates, 4 through (a) a valid driver's license or non-driver's identification card 5 issued by the commissioner of motor vehicles, the federal government, 6 any United States territory, commonwealth or possession, the District of 7 Columbia, a state government within the United States or a provincial 8 government of the dominion of Canada, or (b) a valid passport issued by 9 the United States government or any other country, or (c) an identifica- 10 tion card issued by the armed forces of the United States, indicating 11 that the individual is at least twenty-one years of age. Such identifi- 12 cation need not be required of any individual who reasonably appears to 13 be at least twenty-five years of age, provided, however, that such 14 appearance shall not constitute a defense in any proceeding alleging the 15 sale of a tobacco product, herbal cigarettes[, liquid nicotine,] or 16 shisha [or electronic cigarettes] to an individual under twenty-one 17 years of age. 18 7. No person operating a place of business wherein tobacco products, 19 herbal cigarettes[, liquid nicotine,] or shisha [or electronic ciga- 20 rettes] are sold or offered for sale shall sell, permit to be sold, 21 offer for sale or display for sale any tobacco product, herbal ciga- 22 rettes[, liquid nicotine,] or shisha [or electronic cigarettes] in any 23 manner, unless such products and cigarettes are stored for sale (a) 24 behind a counter in an area accessible only to the personnel of such 25 business, or (b) in a locked container; provided, however, such 26 restriction shall not apply to tobacco businesses, as defined in subdi- 27 vision eight of section thirteen hundred ninety-nine-aa of this article, 28 and to places to which admission is restricted to persons twenty-one 29 years of age or older. 30 § 6. This act shall take effect immediately.