STATE OF NEW YORK
        ________________________________________________________________________

                                          1652

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL,  GUNTHER,  SAYEGH,  McDONOUGH,
          K. BROWN, DeSTEFANO -- read once and  referred  to  the  Committee  on
          Health

        AN  ACT  to  amend the public health law, in relation to prohibiting the
          packaging, sale and distribution of confectionery and  candy  designed
          to resemble a tobacco product

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

     1    Section 1. The public health law is amended by adding  a  new  section
     2  1399-mm-4 to read as follows:
     3    §  1399-mm-4.  Packaging,  sale  and  distribution of confectionery or
     4  candy product designed to resemble a tobacco product prohibited. 1.  For
     5  the purposes of this section, the following terms shall have the follow-
     6  ing meanings:
     7    a.  "Manufacture"  shall mean the production, preparation, processing,
     8  packaging, repackaging, labeling or relabeling  of  a  confectionery  or
     9  candy product designed to resemble a tobacco product.
    10    b. "Markings" shall mean a simulated trademark, trade name, imprinting
    11  or  other mark, or likeness thereof, of the manufacturer, distributor or
    12  dispenser of tobacco products or a simulated symbol or likeness  thereof
    13  identifying a tobacco product or combination of such products.
    14    c.  "Candy  and  confectionery"  shall  include preparations of sugar,
    15  honey, or other natural or artificial  sweeteners  in  combination  with
    16  chocolate,  fruits,  nuts or other ingredients or flavorings in the form
    17  of, but not limited to, bars, drops, or pieces.  Examples of  candy  and
    18  confectionery  include: candy bars; chocolates; fruit, nuts, and popcorn
    19  covered with caramel, chocolate,  honey,  sprinkles,  or  other  similar
    20  coatings;  honey-roasted  nuts;  chewing  gum; fudge; maple sugar candy;
    21  candy or chocolate covered marshmallows  in  decorative  shapes;  mints;
    22  peanut  brittle;  cotton  candy;  licorice;  dietetic candy; and candied
    23  apples.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05066-01-3

        A. 1652                             2

     1    d. "Confectionery or candy product  designed  to  resemble  a  tobacco
     2  product" shall mean any confectionery or candy product made as a facsim-
     3  ile of a cigarette, pipe or cigar and is clearly designed to simulate or
     4  mimic a tobacco product, which includes, but is not limited to, candy or
     5  chocolate  cigarettes,  and  bubble gum cigars.  Evidence of representa-
     6  tions that the confectionery or candy product is a tobacco  product  may
     7  include,  but  is not limited to, oral or written representations by the
     8  manufacturer or seller, as the case may be, about the  confectionery  or
     9  candy  product  with  regard to: its packaging in a manner normally used
    10  for tobacco products, or markings on the confectionery or candy product.
    11    2. No person, firm, or corporation shall manufacture, sell or hold for
    12  sale confectionery or candy products which are made as a facsimile of  a
    13  cigarette, pipe or cigar and are clearly designed to simulate or mimic a
    14  tobacco product.
    15    3.  No  person,  firm, or corporation manufacturing or selling confec-
    16  tionery or candy  products  shall  use,  for  advertising  or  packaging
    17  purposes,  any  name,  symbol, device or other identifying mark which is
    18  similar to the name, symbol, device or mark used in advertising or  sale
    19  of a tobacco product.
    20    4.  No  other  provision  of law authorizing the sale of confectionery
    21  and/or candy products shall authorize the sale of  confectionery  and/or
    22  candy products designed to resemble a tobacco product.
    23    5.  This  section shall apply to confectionery and candy of all types,
    24  and similar products that are regarded as candy or confectionery,  based
    25  on their normal use or marketing.
    26    6.  Violation  of  the  provisions of this section shall be an offense
    27  subject to a civil fine of not less than one hundred dollars and no more
    28  than five hundred dollars.
    29    § 2. This act shall take effect on the first of January next  succeed-
    30  ing the date on which it shall have become a law.