STATE OF NEW YORK
________________________________________________________________________
9689
IN SENATE
April 2, 2026
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Introduced by Sen. CLEARE -- 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-
25 ty-nine-ff of this article, except that such complaints may be submitted
26 by any person.
27 4. Notwithstanding any law to the contrary, no enforcement agent,
28 police officer, peace officer or other law enforcement officer may stop,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06760-01-5
S. 9689 2
1 question, search or arrest any person: (a) on grounds of or in relation
2 to possession, consumption or purchase of any product subject to this
3 section; or (b) for the purpose of inquiring or determining how or from
4 what person or entity the person obtained any product subject to this
5 section.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law. Effective immediately, the addition, amendment
8 and/or repeal of any rule or regulation necessary for the implementation
9 of this act on its effective date are authorized to be made and
10 completed on or before such date.
