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S03196 Summary:

BILL NOS03196
 
SAME ASSAME AS A04999
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Add §1399-cc-1, Pub Health L
 
Prohibits the retail sale of flavored tobacco products and accessories; imposes a fine of not more than five hundred dollars for each infraction.
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S03196 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3196
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- 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  prohibiting  the
          retail sale 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. Retail sale of flavored tobacco products and accessories
     4  prohibited. 1. For the purposes of this section, the term  "characteriz-
     5  ing  flavor" shall mean a distinguishable taste or aroma, other than the
     6  taste or aroma of tobacco, imparted either prior to or  during  consump-
     7  tion  of  a  tobacco  product,  including  but not limited to, tastes or
     8  aromas relating to any fruit, chocolate, vanilla, honey,  candy,  cocoa,
     9  dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
    10  or any concept flavor that imparts a taste or aroma that is distinguish-
    11  able  from  tobacco  flavor  but  may not relate to any particular known
    12  flavor.
    13    2.  No  tobacco  business,  firm,  partnership,  association,  limited
    14  liability  company,  corporation,  or  other entity licensed pursuant to
    15  article twenty of the tax law, or employee of such entities  shall  sell
    16  or  offer  for retail sale tobacco products with a characterizing flavor
    17  or accessories that impart a characterizing flavor to a tobacco  product
    18  in this state.
    19    3.  Any  tobacco  business,  firm,  partnership,  association, limited
    20  liability company, corporation, or other entity   licensed  pursuant  to
    21  article  twenty  of  the  tax  law  that violates the provisions of this
    22  section shall be subject to a civil fine of not more than  five  hundred
    23  dollars.   Complaints alleging violations of this section may be submit-
    24  ted to personnel designated pursuant to section thirteen  hundred  nine-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06760-01-5

        S. 3196                             2
 
     1  ty-nine-ff of this article, except that such complaints may be submitted
     2  by any person.
     3    4.  Notwithstanding  any  law  to  the contrary, no enforcement agent,
     4  police officer, peace officer or other law enforcement officer may stop,
     5  question, search or arrest any person: (a) on grounds of or in  relation
     6  to  possession,  consumption  or purchase of any product subject to this
     7  section; or (b) for the purpose of inquiring or determining how or  from
     8  what  person  or  entity the person obtained any product subject to this
     9  section.
    10    § 2. This act shall take effect on the ninetieth day  after  it  shall
    11  have  become  a  law.    Effective  immediately, the addition, amendment
    12  and/or repeal of any rule or regulation necessary for the implementation
    13  of this act on  its  effective  date  are  authorized  to  be  made  and
    14  completed on or before such date.
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