§ 1399-MM — Sale of gutka prohibited

New York § 1399-MM

• 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-mm. Sale of gutka prohibited. 1. No person shall knowingly\nsell or provide gutka to any other person under twenty-one years of age.\nNo other provision of law authorizing the sale of tobacco products,\nother than subdivision two of this section, shall authorize the sale of\ngutka. Any person who violates the provisions of this subdivision shall\nbe subject to a civil penalty of not more than five hundred dollars.\n 2. (a) The provisions of subdivision one of this section shall not\napply to a tobacco business, as defined in section thirteen hundred\nninety-nine-n of this chapter.\n (b) Any person operating a tobacco business wherein gutka is sold or\noffered for sale is prohibited from selling such gutka to individuals\nunder twenty-one years of age, and shall post in a conspicuous place a\nsign upon which there shall be imprinted the following statement, "SALE\nOF GUTKA TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW."\nSuch sign shall be printed on a white card in red letters at least\none-half inch in height.\n (c) Sales of gutka by a tobacco business shall be made only to an\nindividual who demonstrates, through a driver's license or other\nphotographic identification card issued by a government entity or\neducational institution indicating that the individual is at least\ntwenty-one years of age. Such identification need not be required of any\nindividual who reasonably appears to be at least twenty-five years of\nage, provided, however, that such appearance shall not constitute a\ndefense in any proceeding alleging the sale of a tobacco product to an\nindividual under twenty-one years of age.\n (d) (i) Any person operating a tobacco business wherein gutka is sold\nor offered for sale may perform a transaction scan as a precondition for\nsuch purchases.\n (ii) In any instance where the information deciphered by the\ntransaction scan fails to match the information printed on the driver's\nlicense or non-driver identification card, or if the transaction scan\nindicates that the information is false or fraudulent, the attempted\ntransaction shall be denied.\n (iii) In any proceeding pursuant to section thirteen hundred\nninety-nine-ee of this article, it shall be an affirmative defense that\nsuch person had produced a driver's license or non-driver identification\ncard apparently issued by a governmental entity, successfully completed\nthat transaction scan, and that the gutka had been sold, delivered or\ngiven to such person in reasonable reliance upon such identification and\ntransaction scan. In evaluating the applicability of such affirmative\ndefense the commissioner shall take into consideration any written\npolicy adopted and implemented by the seller to effectuate the\nprovisions of this chapter. Use of a transaction scan shall not excuse\nany person operating a tobacco business wherein gutka is sold, or the\nagent or employee of such person, from the exercise of reasonable\ndiligence otherwise required by this chapter. Notwithstanding the above\nprovisions, any such affirmative defense shall not be applicable in any\ncivil or criminal proceeding, or in any other forum.\n (e) A tobacco business or agent or employee of such business shall\nonly use a device capable of deciphering any electronically readable\nformat, and shall only use the information recorded and maintained\nthrough the use of such devices, for the purposes contained in paragraph\n(d) of this subdivision. No tobacco business or agent or employee of\nsuch business shall resell or disseminate the information recorded\nduring such a scan to any third person. Such prohibited resale or\ndissemination includes but is not limited to any advertising, marketing\nor promotional activities. Notwithstanding the restrictions imposed by\nthis paragraph, such records may be released pursuant to a court ordered\nsubpoena or pursuant to any other statute that specifically authorizes\nthe release of such information. Each violation of this paragraph shall\nbe punishable by a civil penalty of not more than one thousand dollars.\n (f) A tobacco business or agent or employee of such business may\nelectronically or mechanically record and maintain only the information\nfrom a transaction scan necessary to effectuate this section. Such\ninformation shall be limited to the following: (i) name, (ii) date of\nbirth, (iii) driver's license or non-driver identification number, and\n(iv) expiration date.\n (g) As used in this subdivision, "a device capable of deciphering any\nelectronically readable format", "card holder" and "transaction scan"\nshall have the same meanings as are ascribed to such terms by section\nthirteen hundred ninety-nine-cc of this article.\n