2023 New York Laws › PBH - Public Health › Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors › 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.