2023 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