S00252 Summary:

BILL NOS00252
 
SAME ASNo same as
 
SPONSORFUSCHILLO
 
COSPNSR
 
MLTSPNSR
 
Add S1399-mm-1, Pub Health L
 
Requires manufacturers of cigarettes sold or distributed in the state to disclose additives and product design characteristics used in the manufacture of cigarettes and to identify those substances and characteristics which have been determined to be toxic; provisions made for the health department to investigate the health risks associated with exposure to added constituents, toxic constituents and nicotine and shall develop standards to reduce risks; establishes civil penalty for violations; makes related provisions.
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S00252 Actions:

BILL NOS00252
 
01/07/2009REFERRED TO HEALTH
01/06/2010REFERRED TO HEALTH
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S00252 Floor Votes:

There are no votes for this bill in this legislative session.
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S00252 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           252
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN  ACT  to  amend the public health law, in relation to requiring ciga-
          rette manufacturers to disclose the chemical  substances  and  product

          design characteristics used in the manufacture of cigarettes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. It has been the policy of  the  state
     2  to  guarantee  and facilitate the public right to know concerning health
     3  risks that may be encountered from  manufactured  products  and  at  the
     4  workplace.  The  legislature  finds that literally thousands of chemical
     5  substances are routinely utilized in the manufacture  of  cigarettes  as
     6  burn retardants, preservatives, flavor enhancers and for other aesthetic
     7  purposes  and  that such chemicals, as well as product design character-
     8  istics, may have toxic effects for both smokers and  nonsmokers.  There-
     9  fore,  the legislature further finds that the public has a right to know

    10  what chemical substances and product design characteristics are used  in
    11  the  manufacture  of  cigarettes  and  what toxic effects, if any, these
    12  additives and characteristics have been found to have or  are  suspected
    13  of having.
    14    §  2.  The  public  health  law  is  amended  by  adding a new section
    15  1399-mm-1 to read as follows:
    16    § 1399-mm-1. Disclosure by manufacturers of tobacco products. 1.   For
    17  the  purpose  of protecting the public health, any manufacturer of ciga-
    18  rettes, snuff or chewing tobacco sold in this state  shall  provide  the
    19  department  with  an annual report, in a form and at a time specified by
    20  the department, which lists for each brand  of  such  product  sold  the
    21  following information:

    22    (a)  the identity of any added constituent other than tobacco or water
    23  including reconstituted tobacco sheet made wholly from  tobacco,  to  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00909-01-9

        S. 252                              2
 
     1  listed  in  descending  order according to weight, measure, or numerical
     2  count;
     3    (b) the nicotine yield ratings based on standards to be established by
     4  the department;
     5    (c)  the identity and weight of toxic constituents in the whole tobac-
     6  co, and for cigarettes the identity and weight of toxic constituents  in

     7  the  mainstream  smoke  and sidestream smoke and a toxicity yield rating
     8  based on standards to be established by the department;
     9    (d) for cigarettes, a description and purpose of each  product  design
    10  feature  that  the department determines may influence consumer exposure
    11  to toxic constituents including, but not limited to, blend  of  tobaccos
    12  used, including percentages of reconstituted and expanded tobaccos, type
    13  and  porosity of paper used, dimension of the cigarette and tobacco rod,
    14  characteristics of any filter including type, dimensions, filter  denier
    15  and  percentage  of  ventilation, pH of the smoke, and unburned nicotine
    16  content; and
    17    (e) for snuff or chewing tobacco, a description and  purpose  of  each

    18  product  design  feature  that  the  department determines may influence
    19  consumer exposure including, but not limited to, the blend  of  tobaccos
    20  used and the pH of the product at the time of manufacture.
    21    2.  The commissioner shall annually prepare and publish a report based
    22  upon the  information  received  by  the  department  pursuant  to  this
    23  section,  indicating  for  each brand the nicotine yield ratings and any
    24  other such constituents and product design features which the department
    25  determines there is reasonable scientific basis for concluding that such
    26  constituents and  design  features  pose  significant  risks  to  public
    27  health,  provided however that the quantities of such constituents shall

    28  not be included in the report. The report shall be made available to the
    29  public and shall be available by electronic  means  over  the  internet.
    30  Nothing  in  this subdivision shall be construed to require constituents
    31  that are determined by the department not to pose significant  risks  to
    32  public health to be released in the report or for public record.
    33    3.  On  and after January first, two thousand twelve, no person, firm,
    34  or corporation engaged in the manufacture of cigarettes  shall  sell  or
    35  offer  for  sale  in this state any cigarettes, snuff or chewing tobacco
    36  for which the information required by subdivision one  of  this  section
    37  has not been provided pursuant thereto.

    38    4.  Where a violation of this article is alleged to have occurred, the
    39  attorney general may apply in the name of the people of the state of New
    40  York to the supreme court of New York on notice of  five  days,  for  an
    41  order  compelling  compliance  with this article. In any such proceeding
    42  the court may impose a civil penalty in an  amount  not  to  exceed  ten
    43  thousand dollars for each violation.
    44    §  3. This act shall take effect on the first of January next succeed-
    45  ing the date on which it shall have become a law.
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