Bill Text: NY A08994 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes no person shall sell or offer for sale in this state any cigarette or any component part thereof which contains a natural or artificial additive that causes such cigarette or its smoke to have a characterizing flavor.
Spectrum: Moderate Partisan Bill (Democrat 20-4)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A08994 Detail]
Download: New_York-2009-A08994-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8994 2009-2010 Regular Sessions I N A S S E M B L Y June 18, 2009 ___________ Introduced by M. of A. PAULIN, MAYERSOHN, GALEF, DINOWITZ, COOK, EDDING- TON, WEISENBERG, ESPAILLAT, FIELDS, JAFFEE, TITUS, ALFANO, BALL, N. RIVERA -- Multi-Sponsored by -- M. of A. BARRA, CLARK, GABRYSZAK, GLICK, KOON, LATIMER, McDONOUGH, McENENY, PEOPLES, PHEFFER, SWEENEY, WALKER -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the sale of flavored cigarettes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature hereby finds and 2 declares that there has been a proliferation of flavored cigarettes in 3 recent years. Many of these products have fruit, chocolate or other 4 flavors that are particularly attractive to children. According to 5 public health experts, children are more likely to choose flavored ciga- 6 rettes when they start smoking, and thus the existence of these products 7 increases the incidence of tobacco use among children. Moreover, the 8 earlier that an individual begins smoking, the more likely he or she 9 will become addicted to tobacco products and will continue to smoke 10 throughout his or her lifetime. As a result, flavored cigarettes result 11 in increased tobacco use, increased addiction, a greater incidence of 12 smoking-related illnesses, increased health care costs, and more smok- 13 ing-related deaths. The legislature therefore finds and declares that 14 flavored cigarettes present a significant threat to public health, and 15 that the sale of flavored cigarettes must be prohibited. 16 S 2. Article 13-F of the public health law is amended by adding a new 17 section 1399-aaa to read as follows: 18 S 1399-AAA. SALE OF FLAVORED CIGARETTES PROHIBITED. 1. NO PERSON SHALL 19 SELL OR OFFER FOR SALE IN THIS STATE ANY CIGARETTE OR ANY COMPONENT PART 20 THEREOF (INCLUDING BUT NOT LIMITED TO THE TOBACCO, PAPER, ROLL OR 21 FILTER), WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR ADDITIVE 22 THAT CAUSES SUCH CIGARETTE OR ITS SMOKE TO HAVE A CHARACTERIZING FLAVOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00907-01-9 A. 8994 2 1 2. FOR THE PURPOSES OF THIS SECTION, THE PHRASE "CHARACTERIZING 2 FLAVOR" SHALL INCLUDE BUT NOT BE LIMITED TO ANY FRUIT, CHOCOLATE, VANIL- 3 LA, HONEY, CANDY, MINT, COCOA, DESSERT, ALCOHOLIC BEVERAGE, HERB OR 4 SPICE FLAVORING, BUT SHALL NOT INCLUDE TOBACCO, MENTHOL OR CLOVE. 5 IN NO EVENT SHALL A CIGARETTE OR ANY COMPONENT PART THEREOF (INCLUDING 6 BUT NOT LIMITED TO THE TOBACCO, PAPER, ROLL OR FILTER) BE CONSTRUED TO 7 HAVE A CHARACTERIZING FLAVOR BASED SOLELY ON THE USE OF ADDITIVES OR 8 FLAVORINGS, OR THE PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY 9 MEANS. 10 3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF 11 THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED 12 DOLLARS FOR EACH PACK OF SUCH CIGARETTES SOLD OR OFFERED FOR SALE. A 13 MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIFTY THOU- 14 SAND DOLLARS FOR EACH BRAND OR STYLE OF THAT MANUFACTURER'S CIGARETTES 15 THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS 16 SECTION ON MORE THAN ONE OCCASION DURING ANY THIRTY DAY PERIOD. 17 VIOLATIONS OF THIS SECTION SHALL BE ENFORCED IN THE SAME MANNER PROVIDED 18 IN SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT 19 ANY PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER THAT A 20 VIOLATION OF THIS SECTION HAS OCCURRED. 21 S 3. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law.