§ 1399-LL — Unlawful shipment or transport of cigarettes and vapor products

* § 1399-ll. Unlawful shipment or transport of cigarettes and vapor\nproducts. 1. It shall be unlawful for any person engaged in the business\nof selling cigarettes to ship or cause to be shipped any cigarettes to\nany person in this state who is not: (a) a person licensed as a\ncigarette tax agent or wholesale dealer under article twenty of the tax\nlaw or registered retail dealer under section four hundred eighty-a of\nthe tax law; (b) an export warehouse proprietor pursuant to chapter 52\nof the internal revenue code or an operator of a customs bonded\nwarehouse pursuant to section 1311 or 1555 of title 19 of the United\nStates Code; or (c) a person who is an officer, employee or agent of the\nUnited States government, this state or a department, agency,\ninstrumentality or political subdivision of the United States or this\nstate and presents himself or herself as such, when such person is\nacting in accordance with his or her official duties. For purposes of\nthis subdivision, a person is a licensed or registered agent or dealer\ndescribed in paragraph (a) of this subdivision if his or her name\nappears on a list of licensed or registered agents or dealers published\nby the department of taxation and finance, or if such person is licensed\nor registered as an agent or dealer under article twenty of the tax law.\n 1-a. It shall be unlawful for any person engaged in the business of\nselling vapor products to ship or cause to be shipped any vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine to any person in this state who is not: (a) a person that\nreceives a certificate of registration as a vapor products dealer under\narticle twenty eight-C of the tax law; (b) an export warehouse\nproprietor pursuant to chapter 52 of the internal revenue code or an\noperator of a customs bonded warehouse pursuant to section 1311 or 1555\nof title 19 of the United States Code; or (c) a person who is an\nofficer, employee or agent of the United States government, this state\nor a department, agency, instrumentality or political subdivision of the\nUnited States or this state and presents himself or herself as such,\nwhen such person is acting in accordance with his or her official\nduties. For purposes of this subdivision, a person is a licensed or\nregistered agent or dealer described in paragraph (a) of this\nsubdivision if his or her name appears on a list of licensed or\nregistered agents or vapor product dealers published by the department\nof taxation and finance, or if such person is licensed or registered as\nan agent or dealer under article twenty eight-C of the tax law.\n 2. It shall be unlawful for any common or contract carrier to\nknowingly transport cigarettes to any person in this state reasonably\nbelieved by such carrier to be other than a person described in\nparagraph (a), (b) or (c) of subdivision one of this section. For\npurposes of the preceding sentence, if cigarettes are transported to a\nhome or residence, it shall be presumed that the common or contract\ncarrier knew that such person was not a person described in paragraph\n(a), (b) or (c) of subdivision one of this section. It shall be unlawful\nfor any other person to knowingly transport cigarettes to any person in\nthis state, other than to a person described in paragraph (a), (b) or\n(c) of subdivision one of this section. Nothing in this subdivision\nshall be construed to prohibit a person other than a common or contract\ncarrier from transporting not more than eight hundred cigarettes at any\none time to any person in this state. It shall be unlawful for any\ncommon or contract carrier to knowingly transport vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine to any person in this state reasonably believed by such\ncarrier to be other than a person described in paragraph (a), (b) or (c)\nof subdivision one-a of this section. For purposes of the preceding\nsentence, if vapor products intended or reasonably expected to be used\nwith or for the consumption of nicotine are transported to a home or\nresidence, it shall be presumed that the common or contract carrier knew\nthat such person was not a person described in paragraph (a), (b) or (c)\nof subdivision one-a of this section. It shall be unlawful for any other\nperson to knowingly transport vapor products intended or reasonably\nexpected to be used with or for the consumption of nicotine to any\nperson in this state, other than to a person described in paragraph (a),\n(b) or (c) of subdivision one of this section. Nothing in this\nsubdivision shall be construed to prohibit a person other than a common\nor contract carrier from transporting vapor products, provided that the\namount of vapor products intended or reasonably expected to be used with\nor for the consumption of nicotine shall not exceed the lesser of 500\nmilliliters, or a total nicotine content of 3 grams at any one time to\nany person in this state.\n 3. When a person engaged in the business of selling cigarettes ships\nor causes to be shipped any cigarettes to any person in this state,\nother than in the cigarette manufacturer's original container or\nwrapping, the container or wrapping must be plainly and visibly marked\nwith the word "cigarettes". When a person engaged in the business of\nselling vapor products ships or causes to be shipped any vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine to any person in this state, other than in the vapor\nproducts manufacturer's original container or wrapping, the container or\nwrapping must be plainly and visibly marked with the words "vapor\nproducts".\n 4. Whenever a police officer designated in section 1.20 of the\ncriminal procedure law or a peace officer designated in subdivision four\nof section 2.10 of such law, acting pursuant to his or her special\nduties, shall discover any cigarettes or vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine\nwhich have been or which are being shipped or transported in violation\nof this section, such person is hereby empowered and authorized to seize\nand take possession of such cigarettes or vapor products intended or\nreasonably expected to be used with or for the consumption of nicotine,\nand such cigarettes or vapor products intended or reasonably expected to\nbe used with or for the consumption of nicotine shall be subject to a\nforfeiture action pursuant to the procedures provided for in article\nthirteen-A of the civil practice law and rules, as if such article\nspecifically provided for forfeiture of cigarettes or vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine seized pursuant to this section as a pre-conviction\nforfeiture crime.\n 5. Any person who violates the provisions of subdivision one, one-a,\nor two of this section shall be guilty of a class A misdemeanor and for\na second or subsequent violation shall be guilty of a class E felony. In\naddition to the criminal penalty, any person who violates the provisions\nof subdivision one, one-a, two or three of this section shall be subject\nto a civil penalty not to exceed the greater of (a) five thousand\ndollars for each such violation; (b) one hundred dollars for each pack\nof cigarettes shipped, caused to be shipped or transported in violation\nof such subdivision; or (c) one hundred dollars for each vapor product\nintended or reasonably expected to be used with or for the consumption\nof nicotine shipped, caused to be shipped or transported in violation of\nsuch subdivision.\n 6. The attorney general may bring an action to recover the civil\npenalties provided by subdivision five of this section and for such\nother relief as may be deemed necessary. In addition, the corporation\ncounsel of any political subdivision that imposes a tax on cigarettes or\nvapor products intended or reasonably expected to used with or for the\nconsumption of nicotine may bring an action to recover the civil\npenalties provided by subdivision five of this section and for such\nother relief as may be deemed necessary with respect to any cigarettes\nor vapor products intended or reasonably expected to be used with or for\nthe consumption of nicotine shipped, caused to be shipped or transported\nin violation of this section to any person located within such political\nsubdivision. All civil penalties obtained in any such action shall be\nretained by the state or political subdivision bringing such action,\nprovided that no person shall be required to pay civil penalties to both\nthe state and a political subdivision with respect to the same violation\nof this section.\n * NB There are 2 § 1399-ll's\n