§ 1399-DD-1 — Public display of tobacco product and electronic cigarette advertisements and smoking paraphernalia prohibited

New York § 1399-DD-1

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 13-F: Regulation of Tobacco Products, Herbal Cigarettes, Kratom and Smoking Paraphernalia; Distribution to Minors

Text

§ 1399-dd-1. Public display of tobacco product and electronic\ncigarette advertisements and smoking paraphernalia prohibited. 1. For\npurposes of this section:\n (a) "Advertisement" means words, pictures, photographs, symbols,\ngraphics or visual images of any kind, or any combination thereof, which\nbear a health warning required by federal statute, the purpose or effect\nof which is to identify a brand of a tobacco product, electronic\ncigarette, or vapor product intended or reasonably expected to be used\nwith or for the consumption of nicotine, a trademark of a tobacco\nproduct, electronic cigarette, or vapor product intended or reasonably\nexpected to be used with or for the consumption of nicotine or a trade\nname associated exclusively with a tobacco product, electronic\ncigarette, or vapor product intended or reasonably expected to be used\nwith or for the consumption of nicotine or to promote the use or sale of\na tobacco product, electronic cigarette, or vapor product intended or\nreasonably expected to be used with or for the consumption of nicotine.\n (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,\nrolling papers, electronic cigarette, vaporizer or any other device,\nequipment or apparatus designed for the inhalation of tobacco or\nnicotine.\n (c) "Vapor product" means any vapor product, as defined by section\nthirteen hundred ninety-nine-aa of this article, intended or reasonably\nexpected to be used with or for the consumption of nicotine.\n (d) "Tobacco products" shall have the same meaning as in subdivision\nfive of section thirteen hundred ninety-nine-aa of this article.\n (e) "Electronic cigarette" shall have the same meaning as in\nsubdivision thirteen of section thirteen hundred ninety-nine-aa of this\narticle.\n 2. (a) No person, corporation, partnership, sole proprietor, limited\npartnership, association or any other business entity may place, cause\nto be placed, maintain or to cause to be maintained, smoking\nparaphernalia or tobacco product, electronic cigarette, or vapor product\nintended or reasonably expected to be used with or for the consumption\nof nicotine advertisements in a store front or exterior window or any\ndoor which is used for entry or egress by the public to the building or\nstructure containing a place of business within one thousand five\nhundred feet of a school, provided that within New York city such\nprohibitions shall only apply within five hundred feet of a school.\n (b) Any person, corporation, partnership, sole proprietor, limited\npartnership, association or any other business entity in violation of\nthis section shall be subject to a civil penalty of not more than five\nhundred dollars for a first violation and not more than one thousand\ndollars for a second or subsequent violation.\n