2019 New York Laws
PBH - Public Health
Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors
1399-BB - Distribution of Tobacco Products, Electronic Cigarettes or Herbal Cigarettes Without Charge.

§  1399-bb. Distribution of tobacco products, electronic cigarettes or
herbal cigarettes without charge. 1. No person engaged in  the  business
of   selling  or  otherwise  distributing  tobacco  products  or  herbal
cigarettes for commercial purposes, or any agent  or  employee  of  such
person, shall knowingly, in furtherance of such business:
  (a)   distribute   without  charge  any  tobacco  products  or  herbal
cigarettes to any  individual,  provided  that  the  distribution  of  a
package containing tobacco products or herbal cigarettes in violation of
this  subdivision  shall constitute a single violation without regard to
the number of items in the package; or
  (b) distribute coupons which are redeemable for  tobacco  products  or
herbal  cigarettes  to  any  individual,  provided that this subdivision
shall not apply to coupons contained in newspapers, magazines  or  other
types  of publications, coupons obtained through the purchase of tobacco
products or herbal  cigarettes  or  obtained  at  locations  which  sell
tobacco products or herbal cigarettes provided that such distribution is
confined to a designated area or to coupons sent through the mail.
  2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
  (a)  private  social functions when seating arrangements are under the
control of the sponsor of the function  and  not  the  owner,  operator,
manager or person in charge of such indoor area;
  (b)  conventions  and  trade  shows; provided that the distribution is
confined to designated areas generally accessible only to  persons  over
the age of twenty-one;
  (c)  events  sponsored  by  tobacco  or herbal cigarette manufacturers
provided that the distribution is confined to designated areas generally
accessible only to persons over the age of twenty-one;
  (d) bars as defined in subdivision one  of  section  thirteen  hundred
ninety-nine-n of this chapter;
  (e)  tobacco  businesses  as  defined  in subdivision eight of section
thirteen hundred ninety-nine-aa of this article;
  (f) factories as defined  in  subdivision  nine  of  section  thirteen
hundred  ninety-nine-aa of this article and construction sites; provided
that  the  distribution  is  confined  to  designated  areas   generally
accessible only to persons over the age of twenty-one.
  3. No person shall distribute tobacco products or herbal cigarettes at
the  locations  set  forth in paragraphs (b), (c) and (f) of subdivision
two of this section unless such person gives five days written notice to
the enforcement officer.
  4.  No  person  engaged  in  the  business  of  selling  or  otherwise
distributing electronic cigarettes for commercial purposes, or any agent
or  employee  of  such  person,  shall knowingly, in furtherance of such
business, distribute without charge any  electronic  cigarettes  to  any
individual under twenty-one years of age.
  5.  The distribution of tobacco products or herbal cigarettes pursuant
to subdivision two of this section or the distribution without charge of
electronic  cigarettes  shall  be  made  only  to  an   individual   who
demonstrates,   through   a   driver's  license  or  other  photographic
identification  card  issued  by  a  government  entity  or  educational
institution  indicating that the individual is at least twenty-one years
of 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, electronic cigarette
or herbal cigarette or the distribution  without  charge  of  electronic
cigarettes to an individual.