Regulation of the Sale of Flavored Tobacco Products, Flavored Electronic Cigarettes and Flavored E-liquid, and Regulation of Age of Entry to Non-Tobacco Hookah Establishments

NYC Admin. Code tit. 17, ch. 7, subch. 2

in effect

NYC Admin. Code § 17-713 Definitions.

§ 17-713 Definitions. Whenever used in this subchapter, the following terms shall be defined as follows: Characterizing flavor. The term "characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product, electronic cigarette or e-liquid, including, but not limited to, tastes or aromas relating to any menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice, or any "concept flavor" that imparts a taste or aroma that is distinguishable from tobacco flavor but may not relate to any particular known flavor; provided, however, that no tobacco product, electronic cigarette or e-liquid shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Cigarette. The term "cigarette" means any roll for smoking made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco. Electronic cigarette. The term "electronic cigarette" has the same meaning as such term is defined in section 20-560. E-liquid. The term "e-liquid" has the same meaning as such term is defined in section 20-560. Flavored electronic cigarette. The term "flavored electronic cigarette" means any electronic cigarette that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of an electronic cigarette, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such electronic cigarette, that such electronic cigarette has or produces a characterizing flavor shall constitute presumptive evidence that such electronic cigarette is a flavored electronic cigarette. Flavored e-liquid. The term "flavored e-liquid" means any e-liquid that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of an e-liquid, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such e-liquid, that such e-liquid has or produces a characterizing flavor shall constitute presumptive evidence that such e-liquid is a flavored e-liquid. Flavored tobacco product. The term "flavored tobacco product" means any tobacco product that imparts a characterizing flavor other than menthol, mint and wintergreen. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor, other than menthol, mint and wintergreen, shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. Person. The term "person" means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity. Tobacco bar. The term "tobacco bar" has the meaning as such term is defined in subdivision jj of section 17-502. Tobacco product. The term "tobacco product" means any product which contains tobacco that is intended for human consumption, including any component, part, or accessory of such product. Tobacco product shall include, but not be limited to, any cigar, little cigar, chewing tobacco, pipe tobacco, roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or dissolvable tobacco product. Tobacco product shall not include cigarettes, electronic cigarettes or e-liquid or any product that has been approved by the United States food and drug administration for sale as a tobacco use cessation product or for other medical purposes and that is being marketed and sold solely for such purposes. (Am. L.L. 2017/191, 10/16/2017, eff. 4/14/2018; Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097 and L.L. 2019/228.

NYC Admin. Code § 17-714 Sale of herbal cigarettes to minors prohibited. [Repealed] (Repealed L.L. 2017/191, 10/16/2017, eff. 4/14/2018)

NYC Admin. Code § 17-715 Sale of flavored tobacco products, flavored electronic cigarettes and flavored e-liquid prohibited.

§ 17-715 Sale of flavored tobacco products, flavored electronic cigarettes and flavored e-liquid prohibited. a. 1. It shall be unlawful for any person to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product except in a tobacco bar. 2. There shall be a presumption that a retail dealer, as defined in section 17-702, in possession of four or more flavored tobacco products, which shall include individual tobacco products, packages of tobacco products, or any combination thereof, possesses such tobacco products with intent to sell or offer for sale. b. 1. It shall be unlawful for any person to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored electronic cigarette or flavored e-liquid. 2. There shall be a presumption that an electronic cigarette retail dealer, as defined in section 20-560, in possession of six or more flavored electronic cigarettes, or more than 12 fluid ounces (354.882 mL) of flavored e-liquid, possesses such flavored electronic cigarettes or flavored e-liquid with intent to sell or offer for sale. (Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097 and L.L. 2019/228.

NYC Admin. Code § 17-716 Violations and penalties.

§ 17-716 Violations and penalties. a. Any person who violates subdivision a of section 17-715 shall be liable for a civil penalty of not more than one thousand dollars for the first violation, and not more than one thousand dollars for each additional violation found on that day; and not more than two thousand dollars for the second violation at the same place of business within a three-year period, and not more than two thousand dollars for each additional violation found on that day; and not more than five thousand dollars for the third and all subsequent violations at the same place of business within a three-year period. In addition, for a third violation occurring on a different day and all subsequent violations occurring on different days at the same place of business within a three-year period, any person who engages in business as a retail dealer, as such term is defined in section 20-201, shall be subject to the mandatory suspension of his or her license, issued pursuant to section 20-202, for such place of business, for a period not to exceed one year. Such license shall be suspended at the same hearing at which a retail dealer is found liable for a third violation or subsequent violations at the same place of business within a three-year period. a-1. Any person who violates subdivision b of section 17-715 shall be liable for a civil penalty of not more than one thousand dollars for the first violation, and not more than one thousand dollars for each additional violation found on that day; and not more than two thousand dollars for the second violation at the same place of business within a three-year period, and not more than two thousand dollars for each additional violation found on that day; and not more than five thousand dollars for the third and all subsequent violations at the same place of business within a three-year period. In addition, for a third violation occurring on a different day and all subsequent violations occurring on different days at the same place of business within a three-year period, any person who engages in business as an electronic cigarette retail dealer, as such term is defined in section 20-560, shall be subject to the mandatory suspension of his or her license, issued pursuant to section 20-561, for such place of business, for a period not to exceed one year. Such license shall be suspended at the same hearing at which an electronic cigarette retail dealer is found liable for a third violation or subsequent violations at the same place of business within a three-year period. b. Any person who violates subdivision a of section 17-719 shall be liable for a civil penalty of two hundred dollars for the first violation, and not more than two hundred dollars for each additional violation found on the same day; and five hundred dollars for the second violation and each subsequent violation at the same place of business. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation returnable to the office of administrative trials and hearings or any tribunal established within any agency of the city designated to conduct such proceedings. When a person has been found to be in violation of subdivision a of section 17-719 on two or more occasions at a non-tobacco hookah establishment, the commissioner shall revoke the non-tobacco hookah establishment permit issued to such person pursuant to section 17-513.5. c. Any person found to be in violation of subdivision b of section 17-719 shall be liable for a civil penalty of one hundred dollars for the first violation and not more than one hundred dollars for each additional violation found on the same day, and two hundred dollars for each subsequent violation at the same place of business. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation returnable to the office of administrative trials and hearings or any tribunal established within any agency of the city designated to conduct such proceedings. (Am. L.L. 2017/146, 8/28/2017, eff. 2/24/2018; Am. L.L. 2017/191, 10/16/2017, eff. 4/14/2018; Am. L.L. 2019/228, 12/16/2019, eff. 7/1/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097, L.L. 2017/146, and L.L. 2019/228.

NYC Admin. Code § 17-717 Enforcement.

§ 17-717 Enforcement. The department, the department of consumer and worker protection and the department of finance shall enforce the provisions of this subchapter. A proceeding to recover any civil penalty authorized pursuant to section 17-716 shall be commenced by the service of a notice of violation returnable to the office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter where the department issues such a notice or to the office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter where the department of consumer and worker protection issues such a notice or to an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance where the department of finance issues such notice. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged. Such notice shall contain a statement that any hearing for a third violation or subsequent violation of section 17-715 at the same place of business within a three-year period shall also constitute a hearing for the suspension of a retail dealer's license where the retail dealer is found to be in violation of such section. The office of administrative trials and hearings acting pursuant to section 558 and subdivision 2 of section 1048 of the charter, the office of administrative trials and hearings acting pursuant to section 2203 and subdivision 2 of section 1048 of the charter and an adjudication division of the department of finance or the administrative tribunal selected by the commissioner of finance shall have the power to render decisions and to impose the remedies and penalties provided for in section 17-716, in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings. The department, the department of consumer and worker protection and the department of finance shall notify each other within 30 days of finding that a retail dealer has been found liable for any section of this subchapter. (Am. L.L. 2017/146, 8/28/2017, eff. 2/24/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097, L.L. 2017/146, and L.L. 2020/080.

NYC Admin. Code § 17-718 Rules.

§ 17-718 Rules. The commissioner of the department, the commissioner of consumer and worker protection and the commissioner of finance shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this subchapter. (Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/097 and L.L. 2020/080.

NYC Admin. Code § 17-719 Requirements relating to non-tobacco hookah establishments.

§ 17-719 Requirements relating to non-tobacco hookah establishments. a. It shall be unlawful for a person to permit an individual under 21 years of age to enter a non-tobacco hookah establishment during operating hours. Entry into such non-tobacco hookah establishment shall be permitted only to an individual who demonstrates, through a driver's license or other photographic identification card issued by a government entity or educational institution, that the individual is at least 21 years of age. Such identification need not be required of any individual who reasonably appears to be at least 30 years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the granting of permission to enter such an establishment to an individual under 21 years of age. b. Non-tobacco hookah establishments, as defined in section 17-502, shall clean and sanitize the interior of the bowl, stem, hose, base, and any other part of paraphernalia provided to customers for smoking non-tobacco smoking products, as defined in section 17-502, in accordance with rules promulgated by the department. (L.L. 2017/187, 10/16/2017, eff. 4/14/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-218860Fetched: 10/24/2026