As used in this article, the following terms shall have the
meanings indicated:
ACCESSORY
Any product that is intended or reasonably expected to be
used with or for the human consumption of a tobacco product or electronic
aerosol delivery system; does not contain tobacco and is not made
or derived from tobacco; and meets either of the following: is not
intended or reasonably expected to affect or alter the performance,
composition, constituents, or characteristics of a tobacco product
or electronic aerosol delivery system; or is intended or reasonably
expected to affect or maintain the performance, composition, constituents,
or characteristics of a tobacco product or electronic aerosol delivery
system but solely controls moisture and/or temperature of a stored
tobacco product or electronic aerosol delivery system; or solely provides
an external heat source to initiate but not maintain combustion of
a tobacco product. "Accessory" includes, but is not limited to, carrying
cases, lanyards and holsters.
COMPONENT or PART
Any software or assembly of materials intended or reasonably
expected to alter or affect the tobacco product's or electronic
aerosol delivery system's performance, composition, constituents,
or characteristics; or to be used with or for the human consumption
of a tobacco product or electronic aerosol delivery system. "Component
or part" excludes anything that is an accessory, and includes, but
is not limited to e-liquids, cartridges, certain batteries, heating
coils, programmable software, rolling papers, and flavorings for tobacco
products or electronic aerosol delivery systems.
ELECTRONIC AEROSOL DELIVERY SYSTEM
An electronic device that, when activated, produces an aerosol
that may be inhaled, whether or not such aerosol contains nicotine.
"Electronic aerosol delivery system" includes any component or part
but not accessories, and any liquid or other substance to be aerosolized,
whether or not separately sold. "Electronic aerosol delivery system"
does not include drugs, devices, or combination products authorized
for sale by the state or U.S. Food and Drug Administration, as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
PERSON
Any natural person, company, corporation, firm, partnership,
business, organization, or other legal entity.
TOBACCO PRODUCT
Any product made or derived from tobacco or which contains
nicotine, marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption. "Tobacco
product" includes any component or part, but not accessories. "Tobacco
product" does not include drugs, devices, or combination products
authorized for sale by the state or U.S. Food and Drug Administration,
as those terms are defined in the Federal Food, Drug and Cosmetic
Act.
No person shall sell any tobacco product, electronic aerosol
delivery system, or other product regulated by Article 13-F of New
York State Public Health Law to individuals who are between the ages
of 18 and 21 years of age.
Sales by a person of any tobacco product, electronic aerosol
delivery system, or any other product regulated by New York State
Public Health Law Article 13-F shall be made only to an individual
who demonstrates through the processes contained in New York State
Public Health Law Article 13-F § 1399-cc(3), as the same
may be amended from time to time, that the purchaser is of 21 years
of age or older.
Any person operating a place of business wherein any tobacco
product, electronic aerosol delivery system, or any other product
regulated by New York State Public Health Law Article 13-F, is sold
or offered for sale shall post in a conspicuous place a sign upon
which there shall be imprinted the following statement: "SALE OF CIGARETTES,
CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO
PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,
ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER 21 YEARS
OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white
card in red letters at least 1/2 inch in height.
The Department may issue and amend rules, regulations, standards,
guidelines, or conditions to implement and enforce this article.
If any provision, clause, sentence or paragraph of this article
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this article which can be given effect without the valid provision
or application, and to this end, the remaining provisions of this
article are declared to be valid.
This article shall be null and void on the day that federal
or statewide legislation goes into effect incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Putnam. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations, have been enacted for purposes of triggering the provisions
of this section.