Bill Text: NY A09482 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the sale of flavored tobacco products; violation by any person other than manufacturer constitutes fine of $100 for each individual package sold or offered for sale; civil penalty up to $50,000 for violations within a thirty day period for manufacturers.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2010-02-23 - reported referred to codes [A09482 Detail]

Download: New_York-2009-A09482-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9482
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 6, 2010
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  GALEF,  GUNTHER, MAYERSOHN, CASTRO,
         FIELDS, JAFFEE, REILLY, SCARBOROUGH -- Multi-Sponsored by -- M. of  A.
         McENENY,  WEISENBERG  --  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 tobacco products
         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 tobacco
    3  products in recent years. Many of these products have  fruit,  chocolate
    4  or other flavors that are particularly attractive to children. According
    5  to  public  health  experts, children are more likely to choose flavored
    6  tobacco products when they start using tobacco, and thus  the  existence
    7  of these products increases the incidence of tobacco use among children.
    8  Moreover,  the earlier that an individual begins using tobacco, the more
    9  likely he or she will become  addicted  to  tobacco  products  and  will
   10  continue  to  use  them  throughout  his  or  her lifetime. As a result,
   11  flavored tobacco products result in  increased  tobacco  use,  increased
   12  addiction,  a  greater incidence of tobacco-related illnesses, increased
   13  health care costs, and more tobacco-related deaths. In 2009, the  United
   14  States  Congress  enacted  legislation  prohibiting the sale of flavored
   15  cigarettes, but such action does not apply to  other  tobacco  products.
   16  The  legislature,  therefore,  finds  and declares that flavored tobacco
   17  products, like flavored cigarettes,  present  a  significant  threat  to
   18  public  health,  and  that the sale of flavored tobacco products must be
   19  prohibited.
   20    S 2. Article 13-F of the public health law is amended by adding a  new
   21  section 1399-aaa to read as follows:
   22    S 1399-AAA. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 1. NO PERSON
   23  SHALL  SELL  OR  OFFER  FOR  SALE  IN THIS STATE ANY TOBACCO PRODUCT, AS
   24  DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY  OF  THE  TAX
   25  LAW,  OR  ANY  COMPONENT PART THEREOF, INCLUDING BUT NOT LIMITED TO, THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15125-01-9
       A. 9482                             2
    1  TOBACCO, PAPER, ROLL OR FILTER, WHICH CONTAINS A NATURAL  OR  ARTIFICIAL
    2  CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO
    3  HAVE A CHARACTERIZING FLAVOR.
    4    2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE PHRASE "CHARACTERIZING
    5  FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING  BUT  NOT
    6  LIMITED  TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA, DESSERT,
    7  ALCOHOLIC BEVERAGE, HERB OR  SPICE  FLAVORING,  BUT  SHALL  NOT  INCLUDE
    8  TOBACCO,  MENTHOL,  MINT,  OR  WINTERGREEN.  IN NO EVENT SHALL A TOBACCO
    9  PRODUCT OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT LIMITED TO  THE
   10  TOBACCO,  PAPER,  ROLL  OR  FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
   11  FLAVOR BASED SOLELY ON THE  USE  OF  ADDITIVES  OR  FLAVORINGS,  OR  THE
   12  PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
   13    3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
   14  THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
   15  DOLLARS FOR EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD  OR  OFFERED
   16  FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
   17  FIFTY  THOUSAND  DOLLARS  FOR EACH BRAND OR STYLE OF THAT MANUFACTURER'S
   18  TOBACCO PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE  IN
   19  VIOLATION  OF  THIS  SECTION ON MORE THAN ONE OCCASION DURING ANY THIRTY
   20  DAY PERIOD. VIOLATIONS OF THIS SECTION SHALL  BE  ENFORCED  PURSUANT  TO
   21  SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY
   22  PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER THAT A VIOLATION
   23  OF THIS SECTION HAS OCCURRED.
   24    S  3. This act shall take effect on the one hundred fiftieth day after
   25  it shall have become a law.