NY Pub Health L § 1399-LL-2 (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*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