* § 1399-ll. Unlawful shipment or transport of cigarettes and vapor\nproducts. 1. It shall be unlawful for any person engaged in the business\nof selling cigarettes to ship or cause to be shipped any cigarettes to\nany person in this state who is not: (a) a person licensed as a\ncigarette tax agent or wholesale dealer under article twenty of the tax\nlaw or registered retail dealer under section four hundred eighty-a of\nthe tax law; (b) an export warehouse proprietor pursuant to chapter 52\nof the internal revenue code or an operator of a customs bonded\nwarehouse pursuant to section 1311 or 1555 of title 19 of the United\nStates Code; or (c) a person who is an officer, employee or agent of the\nUnited States government, this state or a department, agency,\ninstrumentality or political subdivision of the United States or this\nstate and presents himself or herself as such, when such person is\nacting in accordance with his or her official duties. For purposes of\nthis subdivision, a person is a licensed or registered agent or dealer\ndescribed in paragraph (a) of this subdivision if his or her name\nappears on a list of licensed or registered agents or dealers published\nby the department of taxation and finance, or if such person is licensed\nor registered as an agent or dealer under article twenty of the tax law.\n 1-a. It shall be unlawful for any person engaged in the business of\nselling vapor products to ship or cause to be shipped any vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine to any person in this state who is not: (a) a person that\nreceives a certificate of registration as a vapor products dealer under\narticle twenty eight-C of the tax law; (b) an export warehouse\nproprietor pursuant to chapter 52 of the internal revenue code or an\noperator of a customs bonded warehouse pursuant to section 1311 or 1555\nof title 19 of the United States Code; or (c) a person who is an\nofficer, employee or agent of the United States government, this state\nor a department, agency, instrumentality or political subdivision of the\nUnited States or this state and presents himself or herself as such,\nwhen such person is acting in accordance with his or her official\nduties. For purposes of this subdivision, a person is a licensed or\nregistered agent or dealer described in paragraph (a) of this\nsubdivision if his or her name appears on a list of licensed or\nregistered agents or vapor product dealers published by the department\nof taxation and finance, or if such person is licensed or registered as\nan agent or dealer under article twenty eight-C of the tax law.\n 2. It shall be unlawful for any common or contract carrier to\nknowingly transport cigarettes to any person in this state reasonably\nbelieved by such carrier to be other than a person described in\nparagraph (a), (b) or (c) of subdivision one of this section. For\npurposes of the preceding sentence, if cigarettes are transported to a\nhome or residence, it shall be presumed that the common or contract\ncarrier knew that such person was not a person described in paragraph\n(a), (b) or (c) of subdivision one of this section. It shall be unlawful\nfor any other person to knowingly transport cigarettes to any person in\nthis state, other than to a person described in paragraph (a), (b) or\n(c) of subdivision one of this section. Nothing in this subdivision\nshall be construed to prohibit a person other than a common or contract\ncarrier from transporting not more than eight hundred cigarettes at any\none time to any person in this state. It shall be unlawful for any\ncommon or contract carrier to knowingly transport vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine to any person in this state reasonably believed by such\ncarrier to be other than a person described in paragraph (a), (b) or (c)\nof subdivision one-a of this section. For purposes of the preceding\nsenten
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.