Bill Text: NY S00758 | 2017-2018 | General Assembly | Amended
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; provides for a civil penalty up to $50,000 for violations within a thirty day period for manufacturers; affirmative defense.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S00758 Detail]
Download: New_York-2017-S00758-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 758--A 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sens. RITCHIE, AVELLA, BOYLE, CARLUCCI, KAMINSKY, KENNEDY, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 § 2. Article 13-F of the public health law is amended by adding a new 21 section 1399-aa-1 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01065-03-7S. 758--A 2 1 § 1399-aa-1. Sale of flavored tobacco products prohibited. 1. No 2 person shall sell or offer for sale in this state any tobacco product, 3 as defined in subdivision two of section four hundred seventy of the tax 4 law, or any component part thereof, including but not limited to, the 5 tobacco, paper, roll or filter, which contains a natural or artificial 6 constituent or additive that causes such tobacco product or its smoke to 7 have a characterizing flavor except for pipe tobacco and hand-made 8 cigars as defined in subdivision two of this section. 9 2. For the purposes of this section, the following terms shall have 10 the following meanings: 11 (a) "Pipe tobacco" shall mean tobacco that is no smaller than twenty 12 cuts per inch and has a moisture content of at least fifteen percent. 13 (b) "Hand-made cigars" shall mean cigars that are made entirely by 14 hand of a tobacco leaf wrapper, hand constructed and hand wrapped, 15 wholesaling for two dollars or more, and weighing more than three pounds 16 per one thousand cigars. 17 3. For the purposes of this section, the phrase "characterizing 18 flavor" shall mean a distinguishable taste or aroma, including but not 19 limited to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, 20 alcoholic beverage, herb or spice flavoring, but shall not include 21 tobacco, menthol, mint, or wintergreen. In no event shall a tobacco 22 product or any component part thereof, including, but not limited to, 23 the tobacco, paper, roll or filter be construed to have a characterizing 24 flavor based solely on the use of additives or flavorings, or the 25 provision of an ingredient list made available by any means. 26 4. Any person other than a manufacturer who violates the provisions of 27 this section shall be subject to a fine of not more than one hundred 28 dollars for each individual package of tobacco product sold or offered 29 for sale. A manufacturer may be subject to a civil penalty not to exceed 30 fifty thousand dollars for each brand or style of such manufacturer's 31 tobacco products that is found to have been sold or offered for sale in 32 violation of this section on more than one occasion during any thirty 33 day period, provided, however, that with respect to a manufacturer, it 34 shall be an affirmative defense to a finding of violation pursuant to 35 this section that such sale or offer of sale, as applicable, occurred 36 without the knowledge, consent, authorization and involvement, direct or 37 indirect, of such manufacturer. Violations of this section shall be 38 enforced pursuant to section thirteen hundred ninety-nine-ff of this 39 article, except that any person may submit a complaint to an enforcement 40 officer that a violation of this section has occurred. 41 5. The prohibitions contained in subdivision one of this section shall 42 not apply to a retail tobacco business as defined in subdivision seven 43 of section thirteen hundred ninety-nine-n of this chapter, provided such 44 business does not admit any person under the age of eighteen years old. 45 § 3. This act shall take effect on the one hundred fiftieth day after 46 it shall have become a law.
