Recently introduced legislation in the state Assembly would ban shipment of vaping products.
Assemblywoman Amy Paulin, D-Scardsale, recently introduced A.9652 to amend the state Public Health Law to regulate the transport of vapor products across New York state and prevent unlawful retailers from being able to acquire vapor products.
State law already regulated shipment of electronic cigarettes, but Paulin said the law did not address shipment of vaping products. Paulin’s legislation would prohibit the shipment of vapor products to any person who is not a licensed vapor products dealer under Article 28, Section c of the state Tax Law; a Custom-bonded warehouse under Section 1311 or Section 1555 of Title 19 of the U.S. Code; or a person who is performing official government duties.
“The use of vapor products has increased among youth by 78% within the last year, with many of the sales coming from online stores,” Paulin wrote in her legislative justification. “Youth are able to order these products online and get them shipped directly, which contributes to the increased use of these products. New York and federal law have already banned the shipment of cigarettes to consumers, and vapor products should be subject to the same prohibition.”
Violators could be charged with a class A misdemeanor for a first offense, which carries a maximum penalty of one year in jail or three years probation as well as a fine of up to $1,000. Subsequent offenses could lead to a class E felony charge, for which punishment can include up to four years in jail. The bill also allows for a civil penalty of not more than $5,000 for each violation or $100,000 for each vapor product shipped.