A08994 Summary:

BILL NOA08994
 
SAME ASSAME AS S00248
 
SPONSORPaulin (MS)
 
COSPNSRMayersohn, Galef, Dinowitz, Cook, Weisenberg, Espaillat, Fields, Jaffee, Titus, Alfano, Ball, Rivera N
 
MLTSPNSRBarra, Clark, Gabryszak, Glick, Koon, Latimer, McDonough, McEneny, Peoples-Stokes, Pheffer, Sweeney
 
Add Art 13-F S1399-aaa, Pub Health L
 
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.
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A08994 Actions:

BILL NOA08994
 
06/18/2009referred to health
01/06/2010referred to health
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A08994 Floor Votes:

There are no votes for this bill in this legislative session.
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A08994 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8994
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 2. Article 13-F of the public health law is amended by adding a  new
    17  section 1399-aaa to read as follows:
    18    § 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    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.
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