New York S 4051: Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products

Bill Text

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S04051 Summary:

BILL NOS04051 

&nbsp

SAME ASSAME AS A06248-A

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 13-F §1399-mm-4, Pub Health L

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Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.

Go to top S04051 Actions:

BILL NOS04051 

&nbsp

01/31/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS04051 Committee&nbspVotes:

Go to topS04051 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04051 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4051

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to making it unlawful
 for a person under the age of twenty-one to possess tobacco and vaping
 products

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

 1 Section 1. Article 13-F of the public health law is amended by adding
 2 a new section 1399-mm-4 to read as follows:
 3 § 1399-mm-4. Unlawful possession of tobacco or vaping products by
 4 persons under the age of twenty-one years. 1. Except as otherwise
 5 provided in this section, no person under the age of twenty-one years
 6 shall possess any tobacco or vaping product.
 7 2. Any person who unlawfully possesses a tobacco or vaping product may
 8 be summoned before and examined by a court having jurisdiction of that
 9 charge; provided, however, that nothing in this section shall authorize
 10 or be construed to authorize a peace officer, a police officer or an
 11 enforcement officer to arrest a person who unlawfully possesses a tobac-
 12 co or vaping product. If a determination is made sustaining such charge
 13 the court may impose a civil fine not exceeding fifty dollars and/or
 14 completion of a tobacco awareness program if such program is being
 15 offered and/or an appropriate amount of community service not to exceed
 16 thirty hours.
 17 3. No such determination shall operate as a disqualification of any
 18 such person subsequently to hold public office, public employment or as
 19 a forfeiture of any right or privilege or to receive any license granted
 20 by public authority; and no such person shall be denominated a criminal
 21 by reason of such determination, nor shall such determination be deemed
 22 a conviction.
 23 4. Whenever a peace officer, police officer or an enforcement officer
 24 shall observe a person under twenty-one years of age openly in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07895-01-5

 S. 4051 2

 1 possession of a tobacco or vaping product, such officer may seize the
 2 tobacco or vaping product and shall deliver it to the custody of their
 3 department.
 4 5. Any tobacco or vaping product seized in violation of this section
 5 is hereby declared a nuisance. The official to whom the tobacco or
 6 vaping product has been delivered shall, no earlier than three days
 7 following the return date for initial appearance on the summons, dispose
 8 of or destroy the tobacco or vaping product seized or cause it to be
 9 disposed of or destroyed. Any person claiming ownership of a tobacco or
 10 vaping product seized under this section may, on the initial return date
 11 of the summons or earlier on five days notice to the official or depart-
 12 ment in possession of the tobacco or vaping product, apply to the court
 13 for an order preventing the destruction or disposal of the tobacco or
 14 vaping product seized and ordering the return of that tobacco or vaping
 15 product. The court may order the tobacco or vaping product returned if
 16 it is determined that return of the tobacco or vaping product would be
 17 in the interest of justice or that the tobacco or vaping product was
 18 improperly seized.
 19 6. For purposes of this section, "vaping products" shall mean the use
 20 of an electronic cigarette or any products associated with the use of
 21 such.
 22 § 2. This act shall take effe