Bill Text: NY A03499 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the retail sale of flavored tobacco products and accessories; imposes a fine of not more than five hundred dollars for each infraction.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A03499 Detail]

Download: New_York-2021-A03499-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3499

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2021
                                       ___________

        Introduced   by  M.  of  A.  BICHOTTE HERMELYN,  L. ROSENTHAL,  GRIFFIN,
          JEAN-PIERRE, SEAWRIGHT,  DICKENS,  SIMON,  EPSTEIN,  GALEF,  DINOWITZ,
          GLICK,  GOTTFRIED,  STECK,  JACOBSON  -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          retail sale of flavored tobacco products and accessories

          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-cc-1 to read as follows:
     3    §  1399-cc-1. Retail sale of flavored tobacco products and accessories
     4  prohibited. 1. For the purposes of this section, the term  "characteriz-
     5  ing  flavor" shall mean a distinguishable taste or aroma, other than the
     6  taste or aroma of tobacco, imparted either prior to or  during  consump-
     7  tion  of  a  tobacco  product,  including  but not limited to, tastes or
     8  aromas relating to any fruit, chocolate, vanilla, honey,  candy,  cocoa,
     9  dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
    10  or any concept flavor that imparts a taste or aroma that is distinguish-
    11  able  from  tobacco  flavor  but  may not relate to any particular known
    12  flavor.
    13    2.  No  tobacco  business,  firm,  partnership,  association,  limited
    14  liability  company,  corporation,  or  other entity licensed pursuant to
    15  article twenty of the tax law, or employee of such entities  shall  sell
    16  or  offer  for retail sale tobacco products with a characterizing flavor
    17  or accessories that impart a characterizing flavor to a tobacco  product
    18  in this state.
    19    3.  Any  tobacco  business,  firm,  partnership,  association, limited
    20  liability company, corporation, or other entity   licensed  pursuant  to
    21  article  twenty  of  the  tax  law  that violates the provisions of this
    22  section shall be subject to a civil fine of not more than  five  hundred
    23  dollars.   Complaints alleging violations of this section may be submit-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02653-01-1
        A. 3499                             2

     1  ted to personnel designated pursuant to section thirteen  hundred  nine-
     2  ty-nine-ff of this article, except that such complaints may be submitted
     3  by any person.
     4    4.  Notwithstanding  any  law  to  the contrary, no enforcement agent,
     5  police officer, peace officer or other law enforcement officer may stop,
     6  question, search or arrest any person: (a) on grounds of or in  relation
     7  to  possession,  consumption  or purchase of any product subject to this
     8  section; or (b) for the purpose of inquiring or determining how or  from
     9  what  person  or  entity the person obtained any product subject to this
    10  section.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a  law.    Effective  immediately, the addition, amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of this act on its effective date are authorized to be made on or before
    15  such date.