A00128 Summary:

BILL NOA00128
 
SAME ASSAME AS S01825
 
SPONSORPaulin
 
COSPNSRGalef, Gunther, Jaffee, Ryan, Rosenthal, Mosley, Weprin, Skoufis, Abinanti
 
MLTSPNSR
 
Add Art 13-F S1399-aaa, Pub Health L
 
Prohibits the sale of flavored tobacco products; violation by any person other than manufacturer constitutes fine of $100 for each individual package sold or offered for sale; provides for a civil penalty up to $50,000 for violations within a thirty day period for manufacturers; affirmative defense.
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A00128 Actions:

BILL NOA00128
 
01/07/2015referred to health
02/10/2015reported referred to codes
01/06/2016referred to health
01/26/2016reported referred to codes
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A00128 Committee Votes:

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A00128 Floor Votes:

There are no votes for this bill in this legislative session.
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A00128 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           128
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, GALEF, GUNTHER, JAFFEE, SCARBOROUGH,
          RYAN, ROSENTHAL, MOSLEY, WEPRIN,  SKOUFIS,  CLARK  --  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 tobacco products
 
          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  tobacco
     3  products  in  recent years. Many of these products have fruit, chocolate
     4  or other flavors that are particularly attractive to children. According
     5  to public health experts, children are more likely  to  choose  flavored
     6  tobacco  products  when they start using tobacco, and thus the existence
     7  of these products increases the incidence of tobacco use among children.
     8  Moreover, the earlier that an individual begins using tobacco, the  more
     9  likely  he  or  she  will  become  addicted to tobacco products and will
    10  continue to use them throughout  his  or  her  lifetime.  As  a  result,
    11  flavored  tobacco  products  result  in increased tobacco use, increased
    12  addiction, a greater incidence of tobacco-related  illnesses,  increased
    13  health  care costs, and more tobacco-related deaths. In 2009, the United
    14  States Congress enacted legislation prohibiting  the  sale  of  flavored
    15  cigarettes,  but  such  action does not apply to other tobacco products.
    16  The legislature, therefore, finds and  declares  that  flavored  tobacco
    17  products,  like  flavored  cigarettes,  present  a significant threat to
    18  public health, and that the sale of flavored tobacco  products  must  be
    19  prohibited.
    20    §  2. Article 13-F of the public health law is amended by adding a new
    21  section 1399-aaa to read as follows:
    22    § 1399-aaa. Sale of flavored tobacco products prohibited. 1. No person
    23  shall sell or offer for sale in  this  state  any  tobacco  product,  as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00096-01-5

        A. 128                              2
 
     1  defined  in  subdivision  two of section four hundred seventy of the tax
     2  law, or any component part thereof, including but not  limited  to,  the
     3  tobacco,  paper,  roll or filter, which contains a natural or artificial
     4  constituent or additive that causes such tobacco product or its smoke to
     5  have  a  characterizing  flavor  except  for  pipe tobacco and hand-made
     6  cigars as defined in subdivision two of this section.
     7    2.  For the purposes of this section, the following terms  shall  have
     8  the following meanings:
     9    (a)  "Pipe  tobacco" shall mean tobacco that is no smaller than twenty
    10  cuts per inch and has a moisture content of at least fifteen percent.
    11    (b) "Hand-made cigars" shall mean cigars that  are  made  entirely  by
    12  hand  of  a  tobacco  leaf  wrapper,  hand constructed and hand wrapped,
    13  wholesaling for two dollars or more, and weighing more than three pounds
    14  per one thousand cigars.
    15    3.   For the purposes of  this  section,  the  phrase  "characterizing
    16  flavor"  shall  mean a distinguishable taste or aroma, including but not
    17  limited to any fruit, chocolate, vanilla, honey, candy, cocoa,  dessert,
    18  alcoholic  beverage,  herb  or  spice  flavoring,  but shall not include
    19  tobacco, menthol, mint, or wintergreen. In  no  event  shall  a  tobacco
    20  product  or  any  component part thereof, including, but not limited to,
    21  the tobacco, paper, roll or filter be construed to have a characterizing
    22  flavor based solely on the  use  of  additives  or  flavorings,  or  the
    23  provision of an ingredient list made available by any means.
    24    4. Any person other than a manufacturer who violates the provisions of
    25  this  section  shall  be  subject to a fine of not more than one hundred
    26  dollars for each individual package of tobacco product sold  or  offered
    27  for sale. A manufacturer may be subject to a civil penalty not to exceed
    28  fifty  thousand  dollars  for each brand or style of such manufacturer's
    29  tobacco products that is found to have been sold or offered for sale  in
    30  violation  of  this  section on more than one occasion during any thirty
    31  day period, provided, however, that with respect to a  manufacturer,  it
    32  shall  be  an  affirmative defense to a finding of violation pursuant to
    33  this section that such sale or offer of sale,  as  applicable,  occurred
    34  without the knowledge, consent, authorization and involvement, direct or
    35  indirect,  of  such  manufacturer.  Violations  of this section shall be
    36  enforced pursuant to section thirteen  hundred  ninety-nine-ff  of  this
    37  article, except that any person may submit a complaint to an enforcement
    38  officer that a violation of this section has occurred.
    39    5. The prohibitions contained in subdivision one of this section shall
    40  not  apply  to a retail tobacco business as defined in subdivision seven
    41  of section thirteen hundred ninety-nine-n of this chapter, provided such
    42  business does not admit any person under the age of eighteen years old.
    43    § 3. This act shall take effect on the one hundred fiftieth day  after
    44  it shall have become a law.
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