Bill Text: NY A10732 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the distribution without charge or sale of flavored nicotine pouches.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-08 - referred to health [A10732 Detail]
Download: New_York-2019-A10732-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10732 IN ASSEMBLY July 8, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen- thal) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the distribution without charge or sale of flavored nicotine pouches The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1399-aa of the public health law is amended by 2 adding a new subdivision 19 to read as follows: 3 19. "Nicotine pouch" shall mean a smokeless pre-portioned pouch 4 containing nicotine but no tobacco, in which the user puts the pouch 5 between his or her lip and gum and leaves it there while the nicotine 6 and taste is being released. 7 § 2. Section 1399-bb of the public health law, as amended by section 4 8 of part EE of chapter 56 of the laws of 2020, is amended to read as 9 follows: 10 § 1399-bb. Distribution of tobacco products, nicotine pouches, vapor 11 products, or herbal cigarettes without charge. 1. No retail dealer, or 12 any agent or employee of a retail dealer engaged in the business of 13 selling or otherwise distributing tobacco products, nicotine pouches, 14 vapor products intended or reasonably expected to be used with or for 15 the consumption of nicotine, or herbal cigarettes for commercial 16 purposes, or any agent or employee of such retail dealer, or any agent 17 or employee of a retail dealer, shall knowingly, in furtherance of such 18 business: 19 (a) distribute without charge any tobacco products, nicotine pouches, 20 vapor products intended or reasonably expected to be used with or for 21 the consumption of nicotine, or herbal cigarettes to any individual, 22 provided that the distribution of a package containing tobacco products, 23 nicotine pouches, vapor products intended or reasonably expected to be 24 used with or for the consumption of nicotine, or herbal cigarettes in 25 violation of this subdivision shall constitute a single violation with- 26 out regard to the number of items in the package; or 27 (b) distribute price reduction instruments which are redeemable for 28 tobacco products, nicotine pouches, vapor products intended or reason- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16808-02-0A. 10732 2 1 ably expected to be used with or for the consumption of nicotine, or 2 herbal cigarettes to any individual, provided that this subdivision 3 shall not apply to coupons contained in newspapers, magazines or other 4 types of publications, coupons obtained through the purchase of tobacco 5 products, nicotine pouches, vapor products intended or reasonably 6 expected to be used with or for the consumption of nicotine, or herbal 7 cigarettes or obtained at locations which sell tobacco products, nico- 8 tine pouches, vapor products intended or reasonably expected to be used 9 with or for the consumption of nicotine, or herbal cigarettes provided 10 that such distribution is confined to a designated area or to coupons 11 sent through the mail. 12 1-a. No retail dealer engaged in the business of selling or otherwise 13 distributing tobacco products, nicotine pouches, herbal cigarettes, or 14 vapor products intended or reasonably expected to be used with or for 15 the consumption of nicotine for commercial purposes, or any agent or 16 employee of such retail dealer, shall knowingly, in furtherance of such 17 business: 18 (a) honor or accept a price reduction instrument in any transaction 19 related to the sale of tobacco products, nicotine pouches, herbal ciga- 20 rettes, or vapor products intended or reasonably expected to be used 21 with or for the consumption of nicotine to a consumer; 22 (b) sell or offer for sale any tobacco products, nicotine pouches, 23 herbal cigarettes, or vapor products intended or reasonably expected to 24 be used with or for the consumption of nicotine to a consumer through 25 any multi-package discount or otherwise provide to a consumer any tobac- 26 co products, nicotine pouches, herbal cigarettes, or vapor products 27 intended or reasonably expected to be used with or for the consumption 28 of nicotine for less than the listed price or non-discounted price in 29 exchange for the purchase of any other tobacco products, nicotine pouch- 30 es, herbal cigarettes, or vapor products intended or reasonably expected 31 to be used with or for the consumption of nicotine by such consumer; 32 (c) sell, offer for sale, or otherwise provide any product other than 33 a tobacco product, nicotine pouch, herbal cigarette, or vapor product 34 intended or reasonably expected to be used with or for the consumption 35 of nicotine to a consumer for less than the listed price or non-dis- 36 counted price in exchange for the purchase of a tobacco product, nico- 37 tine pouch, herbal cigarette, or vapor product intended or reasonably 38 expected to be used with or for the consumption of nicotine by such 39 consumer; or 40 (d) sell, offer for sale, or otherwise provide a tobacco product, 41 nicotine pouch, herbal cigarette, or vapor product intended or reason- 42 ably expected to be used with or for the consumption of nicotine to a 43 consumer for less than the listed price or non-discounted price. 44 2. The prohibitions contained in subdivision one of this section shall 45 not apply to the following locations: 46 (a) private social functions when seating arrangements are under the 47 control of the sponsor of the function and not the owner, operator, 48 manager or person in charge of such indoor area; 49 (b) conventions and trade shows; provided that the distribution is 50 confined to designated areas generally accessible only to persons over 51 the age of twenty-one; 52 (c) events sponsored by tobacco, nicotine pouch, vapor product 53 intended or reasonably expected to be used with or for the consumption 54 of nicotine, or herbal cigarette manufacturers provided that the 55 distribution is confined to designated areas generally accessible only 56 to persons over the age of twenty-one;A. 10732 3 1 (d) bars as defined in subdivision one of section thirteen hundred 2 ninety-nine-n of this chapter; 3 (e) tobacco businesses as defined in subdivision eight of section 4 thirteen hundred ninety-nine-aa of this article; 5 (f) factories as defined in subdivision nine of section thirteen 6 hundred ninety-nine-aa of this article and construction sites; provided 7 that the distribution is confined to designated areas generally accessi- 8 ble only to persons over the age of twenty-one. 9 3. No retail dealer shall distribute tobacco products, nicotine pouch- 10 es, vapor products intended or reasonably expected to be used with or 11 for the consumption of nicotine, or herbal cigarettes at the locations 12 set forth in paragraphs (b), (c) and (f) of subdivision two of this 13 section unless such person gives five days written notice to the 14 enforcement officer. 15 4. No retail dealer engaged in the business of selling or otherwise 16 distributing electronic cigarettes, nicotine pouches, or vapor products 17 intended or reasonably expected to be used with or for the consumption 18 of nicotine for commercial purposes, or any agent or employee of such 19 person, shall knowingly, in furtherance of such business, distribute 20 without charge any electronic cigarettes or nicotine pouches to any 21 individual under twenty-one years of age. 22 5. The distribution of tobacco products, nicotine pouches, electronic 23 cigarettes, vapor products intended or reasonably expected to be used 24 with or for the consumption of nicotine, or herbal cigarettes pursuant 25 to subdivision two of this section or the distribution without charge of 26 electronic cigarettes, nicotine pouches, or vapor products intended or 27 reasonably expected to be used with or for the consumption of nicotine, 28 shall be made only to an individual who demonstrates, through (a) a 29 driver's license or non-driver identification card issued by the commis- 30 sioner of motor vehicles, the federal government, any United States 31 territory, commonwealth, or possession, the District of Columbia, a 32 state government within the United States, or a provincial government of 33 the dominion of Canada, (b) a valid passport issued by the United States 34 government or the government of any other country, or (c) an identifica- 35 tion card issued by the armed forces of the United States, indicating 36 that the individual is at least twenty-one years of age. Such identifi- 37 cation need not be required of any individual who reasonably appears to 38 be at least twenty-five years of age; provided, however, that such 39 appearance shall not constitute a defense in any proceeding alleging the 40 sale of a tobacco product, electronic cigarette, nicotine pouch, vapor 41 product intended or reasonably expected to be used with or for the 42 consumption of nicotine, or herbal cigarette or the distribution without 43 charge of electronic cigarettes, nicotine pouches, or vapor products 44 intended or reasonably expected to be used with or for the consumption 45 of nicotine to an individual. 46 § 3. The public health law is amended by adding a new section 47 1399-mm-4 to read as follows: 48 § 1399-mm-4. Sale of flavored nicotine pouches prohibited. 1. For 49 purposes of this section, "flavored" shall mean any product intended or 50 reasonably expected to be used with or for the consumption of nicotine, 51 with a distinguishable taste or aroma, other than the taste or aroma of 52 tobacco, imparted either prior to or during consumption of such product 53 or a component part thereof, including but not limited to tastes or 54 aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, 55 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, 56 or any concept flavor that imparts a taste or aroma that is distinguish-A. 10732 4 1 able from tobacco flavor but may not relate to any particular known 2 flavor. A product intended or reasonably expected to be used with or for 3 the consumption of nicotine, shall be presumed to be flavored if a 4 product's retailer, manufacturer, or a manufacturer's agent or employee 5 has made a statement or claim directed to consumers or the public, 6 whether expressed or implied, that such product or device has a distin- 7 guishable taste or aroma other than the taste or aroma of tobacco. 8 2. No nicotine products dealer, or any agent or employee of a nicotine 9 products dealer, shall sell or offer for sale at retail in the state any 10 flavored nicotine pouch product. 11 3. Any nicotine products dealer, or any agent or employee of a nico- 12 tine products dealer, who violates the provisions of this section shall 13 be subject to a civil penalty of not more than one hundred dollars for 14 each individual package of flavored nicotine pouches, provided, however, 15 that with respect to a manufacturer, it shall be an affirmative defense 16 to a finding of violation pursuant to this section that such sale or 17 offer of sale, as applicable, occurred without the knowledge, consent, 18 authorization, or involvement, direct or indirect, of such manufacturer. 19 Violations of this section shall be enforced pursuant to section thir- 20 teen hundred ninety-nine-ff of this article, except that any person may 21 submit a complaint to an enforcement officer that a violation of this 22 section has occurred. 23 § 4. Subdivision 1 of section 1399-ff of the public health law, as 24 amended by chapter 100 of the laws of 2019, is amended to read as 25 follows: 26 1. Where a civil penalty for a particular incident has not been 27 imposed or an enforcement action regarding an alleged violation for a 28 particular incident is not pending under section thirteen hundred nine- 29 ty-nine-ee of this article, a parent or guardian of a person under twen- 30 ty-one years of age to whom tobacco products, herbal cigarettes, nico- 31 tine pouches or electronic cigarettes are sold or distributed in 32 violation of this article may submit a complaint to an enforcement offi- 33 cer setting forth the name and address of the alleged violator, the date 34 of the alleged violation, the name and address of the complainant and 35 the person under twenty-one years of age, and a brief statement describ- 36 ing the alleged violation. The enforcement officer shall notify the 37 alleged violator by certified or registered mail, return receipt 38 requested, that a complaint has been submitted, and shall set a date, at 39 least fifteen days after the mailing of such notice, for a hearing on 40 the complaint. Such notice shall contain the information submitted by 41 the complainant. 42 § 5. This act shall take effect immediately.