Bill Text: NY S06809 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-09-30 - PRINT NUMBER 6809B [S06809 Detail]

Download: New_York-2019-S06809-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6809--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    October 25, 2019
                                       ___________

        Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Rules  --  recommitted  to  the  Committee on Health in
          accordance with Senate Rule 6, sec. 8 --  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 and distribution 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.  Sale  and distribution of flavored tobacco products and
     4  accessories prohibited. 1. For the purposes of this  section,  the  term
     5  "characterizing  flavor"  shall  mean  a distinguishable taste or aroma,
     6  other than the taste or aroma of tobacco, imparted either  prior  to  or
     7  during  consumption  of a tobacco product, including but not limited to,
     8  tastes or aromas relating  to  any  fruit,  chocolate,  vanilla,  honey,
     9  candy,  cocoa,  dessert,  alcoholic  beverage,  mint, wintergreen, herb,
    10  spice, or menthol, or any concept flavor that imparts a taste  or  aroma
    11  that  is  distinguishable  from tobacco flavor but may not relate to any
    12  particular known flavor.
    13    2. No person, firm, partnership, association, limited liability compa-
    14  ny, corporation, or other entity shall sell, offer for sale, or distrib-
    15  ute tobacco products with a characterizing flavor  or  accessories  that
    16  impart a characterizing flavor to a tobacco product in this state.
    17    3.  Any  person,  firm,  partnership,  association,  limited liability
    18  company, corporation, or other entity other  than  a  manufacturer  that
    19  violates  the  provisions  of this section shall be subject to a fine of
    20  not more than one hundred dollars for each individual tobacco product or
    21  accessory with a characterizing flavor that is found to have been  sold,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13933-02-0
        S. 6809--A                          2

     1  offered  for  sale,  or  distributed  in  violation  of  this section. A
     2  manufacturer shall be subject to a civil penalty  not  to  exceed  fifty
     3  thousand  dollars for each brand or style of such manufacturer's tobacco
     4  products  or  accessories  that  is found to have been sold, offered for
     5  sale, or distributed in violation of this section on more than one occa-
     6  sion during any thirty day period, provided, however, that with  respect
     7  to  a manufacturer, it shall be an affirmative defense to a finding of a
     8  violation pursuant to this section that such sale,  offer  of  sale,  or
     9  distribution,  as  applicable,  occurred without the knowledge, consent,
    10  authorization and involvement, direct or indirect, of such manufacturer.
    11  Violations of this section shall be enforced pursuant to  section  thir-
    12  teen  hundred ninety-nine-ff of this article, except that any person may
    13  submit a complaint to an enforcement officer that a  violation  of  this
    14  section has occurred.
    15    4.  Notwithstanding  any  law  to  the contrary, no enforcement agent,
    16  police officer, peace officer or other law enforcement officer may stop,
    17  question, search or arrest any person: (a) on grounds of or in  relation
    18  to  possession,  consumption  or purchase of any product subject to this
    19  section; or (b) for the purpose of inquiring or determining how or  from
    20  what  person  or  entity the person obtained any product subject to this
    21  section.
    22    § 2. This act shall take effect on the ninetieth day  after  it  shall
    23  have  become  a  law.    Effective  immediately, the addition, amendment
    24  and/or repeal of any rule or regulation necessary for the implementation
    25  of this act on  its  effective  date  are  authorized  to  be  made  and
    26  completed on or before such effective date.