Amd SS1399-aa & 1399-ee, add S1399-ll, rpld S1399-ll sub 2 PP(c), (d), (e), (f) & (g), Pub Health L
Prohibits the sale of bidis, which is any product containing tobacco that is wrapped in temburni or tendra leaf, by any person or
entity other than a business primarily engaged in the sale of tobacco products; imposes a civil penalty of up to $500 for
violation thereof.

SPONSORS MEMO:

BILL NUMBER: S7066C

SPONSOR: SKELOS

TITLE:
AN ACT to amend the Public Health Law, in relation to the sale of bidis,
and repealing certain provisions of the public health law relating ther-
eto.

PURPOSE:
To prohibit the sale of "bidis" (filterless, candy flavored cigarettes
made mainly in India which have more toxins than regular cigarettes)
anywhere except by a tobacco business.

SUMMARY OF PROVISIONS:
Section One - Subdivision 5 of Section 1399-aa of the Public Health Law,
as added by Chapter 799 of the Laws of 1992, is amended to add the term
"bidis" to the definition of "tobacco products" and a new subdivision 6
is added to define the term "bidis".
Section Two - Subdivision 2 of Section l399-ee of the Public Health Law,
as added by Chapter 799 of the Laws of 1992, is amended to allow for a
different penalty to be provided in this article for a violation.
Section Three - The Public Health Law is amended by adding a new Section
1399-11 to prohibit the sale of bidis by anyone except a "tobacco busi-
ness". A civil fine of not more than $500 is set up for violators.
Allows "tobacco businesses" to only offer bidis for sale to individuals
eighteen years of age or older and requires a sign stating as such to be
posted in a conspicuous place. Sets up requirements for identification
needed to purchase bidis indicating a individual is at least eighteen
years of age. Adds the sale of bidis to the existing statue created last
year by Chapter 519 of the Laws of 1999 which created a voluntary proce-
dure allowing merchants to employ certain new technological tools to
reduce a minor's access to alcohol and tobacco products with the instal-
lation of a driver's license scanning device.
Section Four - Paragraphs (c), (d), (e), (1) and (g) of subdivision 2 of
Section 1399-11 of the Public Health Law are REPEALED on the same date
as Section 3 of Chapter 519 of the Laws of 1999 expires which is January
1, 2002.
Section Five - Sets up the effective date.

JUSTIFICATION:
"Bidis" are small, flavored, filterless cigarettes made mainly in India
that have seemingly gained popularity among America's teenagers. They
consist of shredded tobacco rolled in dried tendu leaves and secured
with string. They are produced in a number of candy flavors, including
chocolate, vanilla, cherry, licorice, menthol and mango. They have to be
puffed more frequently than regular cigarettes to keep them from going
out which requires great pulmonary effort due to its shape and poor
combustibility. As a consequence, bidi smokers breathe in greater quan-
tities of tar and other toxins than smokers of regular cigarettes. Addi-
tionally, bidis have three times more nicotine and five times more tar
than regular cigarettes. The combination of candy flavoring and the
increased toxins make this product both very popular and extremely harm-
ful to the health of our young people. In fact, bidis are an even great-
er health risk than traditional cigarettes.
According to the National Association of Attorneys General, attorneys
general from all 50 states and the United States Virgin Islands are
urging federal officials and Congressional representatives to take
action to stop the importation of bidis.
This legislation intends to restrict the sale of bidis in the State of
New York in an attempt to diminish this very real threat to the health
and safety of our young people.

LEGISLATIVE HISTORY: New bill in 2000.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect on the first day of October next succeeding
the date on which it shall have become a law, except that section four
of this act shall take effect on the same date as section 3 of Chapter
519 of the Laws of 1999 expires.

CHAPTER TEXT:
 

                          LAWS OF NEW YORK, 2000

CHAPTER 518

  AN ACT to amend the public health law, in relation to the sale of bidis,
    and  repealing  certain  provisions  of the public health law relating
    thereto

      Became a law October 4, 2000, with the approval of the Governor.
            Passed by a majority vote, three-fifths being present.

    The People of the State of New York, represented in Senate and  Assem-
  bly, do enact as follows:

    Section  1. Subdivision 5 of section 1399-aa of the public health law,
  as added by chapter 799 of the laws of 1992, is amended and a new subdi-
  vision 6 is added to read as follows:
    5. "Tobacco products" means one or more cigarettes or  cigars,  bidis,
  chewing tobacco, powdered tobacco or any other tobacco products.
    6.  "Bidis"  means  a  product  containing  tobacco that is wrapped in
  temburni leaf (diospyros melanoxylon) or tendra leaf  (diospyros  excul-
  pra), or any other product offered to consumers as "beedies" or "bidis".
    §  2.  Subdivision  2  of section 1399-ee of the public health law, as
  added by chapter 799 of the laws of 1992, is amended to read as follows:
    2. If the enforcement  officer  determines  after  a  hearing  that  a
  violation  of  this article has occurred, he or she shall impose a civil
  penalty of a minimum of one hundred dollars, but  not  to  exceed  three
  hundred dollars for a first violation, and one thousand dollars for each
  subsequent  violation,  unless a different penalty is otherwise provided
  in this article.
    § 3. The public health law is amended by adding a new section  1399-ll
  to read as follows:
    § 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 section thirteen hundred
  ninety-nine-n of this chapter.
    (b) Any person operating a tobacco business wherein bidis is  sold  or
  offered  for  sale  is prohibited from selling such bidis to individuals
  under eighteen 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 EIGHTEEN 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 photo-
  graphic identification card issued by a government entity or educational
  institution indicating that the individual is at least eighteen years of

  EXPLANATION--Matter in italics is new; matter in brackets [-] is old law
                               to be omitted.

  CHAP. 518                          2

  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
  eighteen 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  trans-
  action  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 tran-
  saction scan.  In  evaluating  the  applicability  of  such  affirmative
  defense the commissioner shall take into consideration any written poli-
  cy 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 elec-
  tronically or mechanically record and maintain only the information from
  a transaction scan necessary to effectuate this section.  Such  informa-
  tion  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.
    § 4. Paragraphs (c), (d), (e), (f) and (g) of subdivision 2 of section
  1399-ll of the public health law are REPEALED.
    § 5. This act shall take effect on  the  first  day  of  October  next
  succeeding  the  date  on  which it shall have become a law, except that

                                     3                           CHAP. 518

  section four of this act shall take effect on the same date as section 3
  of chapter 519 of the laws of 1999 expires.

  The Legislature of the STATE OF NEW YORK ss:
    Pursuant  to  the authority vested in us by section 70-b of the Public
  Officers Law, we hereby jointly certify that  this  slip  copy  of  this
  session law was printed under our direction and, in accordance with such
  section, is entitled to be read into evidence.

     JOSEPH L. BRUNO                                     SHELDON SILVER
  Temporary President of the Senate               Speaker of the Assembly