2023 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