New York Assembly Bill 3404 | ID scanning for tobacco sales

New York Assembly Bill 3404. Relating to ID scanning before tobacco sales

Last updated on March 19th, 2024 at 02:45 pm

New York has proposed a new bill, New York Assembly Bill 3404. The new bill would be very similar to the one previously passed in Nevada, AB360, which requires all tobacco retailers to scan IDs.

What is New York Bill 3404?

The new bill states that prior to the sale of tobacco, herbal cigarettes, liquid nicotine, shisha, or electronic cigarettes, an individual must present some form of valid ID and said ID must be used in a transaction scan by the seller. In simpler terms, the buyer must present an ID for the seller to scan to ensure age requirements are met. The bill would require that retailers of tobacco use an ID scanner.

Acceptable forms of identification are outlined as:

  • a valid driver’s license or non-driver’s identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada
  • a valid passport issued by the United States government or any other country
  • an identification card issued by the armed forces of the United States, indicating that the individual is at least twenty-one years of age

If the buyer reasonably appears to be at least 25 years of age, the presentation of an ID is not required, however, by not doing so, an affirmative defense in any proceeding regarding the sale of tobacco products would be forfeited. 

When would Bill 3404 go into effect?

There is not currently a timeline for if and when the bill would go into effect. As of right now, the bill was most recently referred to the health committee as of 02/04/24. We are actively monitoring New York Assembly Bill 3404, and all updates will be posted on our New York ID Laws page.