NY Pub Health L § 1399-LL (2021)
2021 New York Laws PBH - Public Health Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors 1399-LL - Unlawful Shipment or Transport of Cigarettes and Vapor Products.

* §  1399-ll.  Unlawful  shipment or transport of cigarettes and vapor   products. 1. It shall be unlawful for any person engaged in the business   of selling cigarettes to ship or cause to be shipped any  cigarettes  to   any  person  in  this  state  who  is  not:  (a)  a person licensed as a   cigarette tax agent or wholesale dealer under article twenty of the  tax   law  or  registered retail dealer under section four hundred eighty-a of   the tax law; (b) an export warehouse proprietor pursuant to  chapter  52   of  the  internal  revenue  code  or  an  operator  of  a customs bonded   warehouse pursuant to section 1311 or 1555 of title  19  of  the  United   States Code; or (c) a person who is an officer, employee or agent of the   United   States   government,   this  state  or  a  department,  agency,   instrumentality or political subdivision of the United  States  or  this   state  and  presents  himself  or  herself  as such, when such person is   acting in accordance with his or her official duties.  For  purposes  of   this  subdivision,  a person is a licensed or registered agent or dealer   described in paragraph (a) of  this  subdivision  if  his  or  her  name   appears  on a list of licensed or registered agents or dealers published   by the department of taxation and finance, or if such person is licensed   or registered as an agent or dealer under article twenty of the tax law.1-a. It shall be unlawful for any person engaged in  the  business  of   selling vapor products to ship or cause to be shipped any vapor products   intended  or  reasonably expected to be used with or for the consumption   of nicotine to any person in this state who is not: (a)  a  person  that   receives  a certificate of registration as a vapor products dealer under   article  twenty  eight-C  of  the  tax  law;  (b)  an  export  warehouse   proprietor  pursuant  to  chapter  52 of the internal revenue code or an   operator of a customs bonded warehouse pursuant to section 1311 or  1555   of  title  19  of  the  United  States  Code;  or (c) a person who is an   officer, employee or agent of the United States government,  this  state   or a department, agency, instrumentality or political subdivision of the   United  States  or  this  state and presents himself or herself as such,   when such person is acting  in  accordance  with  his  or  her  official   duties.  For  purposes  of  this  subdivision, a person is a licensed or   registered  agent  or  dealer  described  in  paragraph  (a)   of   this   subdivision  if  his  or  her  name  appears  on  a  list of licensed or   registered agents or vapor product dealers published by  the  department   of  taxation and finance, or if such person is licensed or registered as   an agent or dealer under article twenty eight-C of the tax law.2. It shall  be  unlawful  for  any  common  or  contract  carrier  to   knowingly  transport  cigarettes  to any person in this state reasonably   believed by such  carrier  to  be  other  than  a  person  described  in   paragraph  (a),  (b)  or  (c)  of  subdivision  one of this section. For   purposes of the preceding sentence, if cigarettes are transported  to  a   home  or  residence,  it  shall  be presumed that the common or contract   carrier knew that such person was not a person  described  in  paragraph   (a), (b) or (c) of subdivision one of this section. It shall be unlawful   for  any other person to knowingly transport cigarettes to any person in   this state, other than to a person described in paragraph  (a),  (b)  or   (c)  of  subdivision  one  of  this section. Nothing in this subdivision   shall be construed to prohibit a person other than a common or  contract   carrier  from transporting not more than eight hundred cigarettes at any   one time to any person in this state.  It  shall  be  unlawful  for  any   common  or  contract  carrier  to  knowingly  transport  vapor  products   intended or reasonably expected to be used with or for  the  consumption   of  nicotine  to  any  person  in this state reasonably believed by such   carrier to be other than a person described in paragraph (a), (b) or (c)   of subdivision one-a of this section.  For  purposes  of  the  preceding   sentence,  if  vapor products intended or reasonably expected to be used    with or for the consumption of nicotine are transported  to  a  home  or   residence, it shall be presumed that the common or contract carrier knew   that such person was not a person described in paragraph (a), (b) or (c)   of subdivision one-a of this section. It shall be unlawful for any other   person  to  knowingly  transport  vapor  products intended or reasonably   expected to be used with or for  the  consumption  of  nicotine  to  any   person in this state, other than to a person described in paragraph (a),   (b)  or  (c)  of  subdivision  one  of  this  section.  Nothing  in this   subdivision shall be construed to prohibit a person other than a  common   or  contract carrier from transporting vapor products, provided that the   amount of vapor products intended or reasonably expected to be used with   or for the consumption of nicotine shall not exceed the  lesser  of  500   milliliters,  or  a total nicotine content of 3 grams at any one time to   any person in this state.3. When a person engaged in the business of selling  cigarettes  ships   or  causes  to  be  shipped  any cigarettes to any person in this state,   other  than  in  the  cigarette  manufacturer's  original  container  or   wrapping,  the  container or wrapping must be plainly and visibly marked   with the word "cigarettes". When a person engaged  in  the  business  of   selling  vapor products ships or causes to be shipped any vapor products   intended or reasonably expected to be used with or for  the  consumption   of  nicotine  to  any  person  in  this  state,  other than in the vapor   products manufacturer's original container or wrapping, the container or   wrapping must be plainly  and  visibly  marked  with  the  words  "vapor   products".4.  Whenever  a  police  officer  designated  in  section  1.20 of the   criminal procedure law or a peace officer designated in subdivision four   of section 2.10 of such law, acting  pursuant  to  his  or  her  special   duties,  shall  discover  any  cigarettes  or vapor products intended or   reasonably expected to be used with or for the consumption  of  nicotine   which  have  been or which are being shipped or transported in violation   of this section, such person is hereby empowered and authorized to seize   and take possession of such cigarettes or  vapor  products  intended  or   reasonably  expected to be used with or for the consumption of nicotine,   and such cigarettes or vapor products intended or reasonably expected to   be used with or for the consumption of nicotine shall be  subject  to  a   forfeiture  action  pursuant  to  the procedures provided for in article   thirteen-A of the civil practice law  and  rules,  as  if  such  article   specifically  provided  for  forfeiture  of cigarettes or vapor products   intended or reasonably expected to be used with or for  the  consumption   of  nicotine  seized  pursuant  to  this  section  as  a  pre-conviction   forfeiture crime.5. Any person who violates the provisions of subdivision  one,  one-a,   or  two of this section shall be guilty of a class A misdemeanor and for   a second or subsequent violation shall be guilty of a class E felony. In   addition to the criminal penalty, any person who violates the provisions   of subdivision one, one-a, two or three of this section shall be subject   to a civil penalty not to  exceed  the  greater  of  (a)  five  thousand   dollars  for  each such violation; (b) one hundred dollars for each pack   of cigarettes shipped, caused to be shipped or transported in  violation   of  such  subdivision; or (c) one hundred dollars for each vapor product   intended or reasonably expected to be used with or for  the  consumption   of nicotine shipped, caused to be shipped or transported in violation of   such subdivision.6.  The  attorney  general  may  bring  an action to recover the civil   penalties provided by subdivision five of  this  section  and  for  such   other  relief  as  may be deemed necessary. In addition, the corporation   counsel of any political subdivision that imposes a tax on cigarettes or    vapor products intended or reasonably expected to used with or  for  the   consumption  of  nicotine  may  bring  an  action  to  recover the civil   penalties provided by subdivision five of  this  section  and  for  such   other  relief  as may be deemed necessary with respect to any cigarettes   or vapor products intended or reasonably expected to be used with or for   the consumption of nicotine shipped, caused to be shipped or transported   in violation of this section to any person located within such political   subdivision. All civil penalties obtained in any such  action  shall  be   retained  by  the  state  or political subdivision bringing such action,   provided that no person shall be required to pay civil penalties to both   the state and a political subdivision with respect to the same violation   of this section.* NB There are 2 § 1399-ll's