Glick, Simon, Rosenthal, Weprin, Colton, Seawright, Jackson, Griffin, Kay
MLTSPNSR
Add §1399-cc-1, Pub Health L
Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A77
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the public health law, in relation to prohibiting the
sale of flavored smokeless tobacco within five hundred feet of a public
or private elementary or secondary school
PURPOSE:
To prohibit the sale of smokeless flavored tobacco products, near
schools.
SUMMARY OF PROVISIONS:
Section one of the bill adds § 1399-cc-1 to the public health law to
prohibit the sale of flavored smokeless tobacco product within five
hundred feet of any public or private elementary or secondary school.
The commissioner of health is permitted to impose a civil penalty.
Section two of the bill provides the effective date.
JUSTIFICATION: Although cigarette smoking has continued to decline
among youth, the use of smokeless tobacco products has failed to
decrease at a similar rate.The National Youth Tobacco Survey found that
5.9 percent of all high school students currently use smokeless tobacco
products.Smokeless tobacco use poses significant health risks and can
cause cancer, dental disease, precancerous mouth lesions, heart disease,
and increased risk of stillbirths.Since smokeless tobacco contains nico-
tine, individuals can become easily addicted. Once addicted, users may
turn to combustible tobacco products or electronic cigarettes.
Flavored tobacco products are specifically created to entice younger
users. Tobacco companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that tobacco compa-
nies target stores near schools to attract young smokers.* By marketing
these products to a younger generation, the tobacco industry hopes to
create long-term users.
New York has already taken steps to address flavored tobacco products by
banning flavored e-cigarettes, but we need to do more. Therefore, this
legislation would prohibit the sale of smokeless flavored tobacco
prOducts within 500 feet of public and private schools. Other localities
in New York, California, and the city of Chicago have already enacted
similar prohibitions. Limiting the sale of flavored smokeless tobacco
near schools will limit the opportunity for youth to purchase these
products. This restriction will also benefit our communities, by reduc-
ing the retail density of flavored tobacco products in neighborhoods
surrounding schools.
* See U.S. Dep't of Health & Human Servs, Preventing Tobacco Use Among
Youth and Young Adults: A Report of the Surgeon General 545 (2012); see
https://www.tobaccofreekids.orgiassets/factsheets/0008.pdf
PRIOR LEGISLATIVE HISTORY:
2024:A.699-A - Third Reading Calendar/ S.4477 - Health
2023:A.699 -Health/S.4477-Health
2022:A.1887- Rules/S.1021 -Health
2021:A.1887- Health/S.1021- Health
2019-20 - A.8911-B - Health / S.7068 - Health
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
