Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.
STATE OF NEW YORK
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8911--B
2019-2020 Regular Sessions
IN ASSEMBLY
December 30, 2019
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Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
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 school
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. Sale of flavored smokeless tobacco; restrictions. 1. No
4 flavored smokeless tobacco product or component may be sold within five
5 hundred feet of any public or private school. For purposes of this
6 subdivision, the term "flavored smokeless tobacco" shall mean any smoke-
7 less tobacco product containing, made of, or derived from tobacco or
8 nicotine that is intended to be placed by the consumer in an oral cavity
9 and contains a constituent that imparts a characterizing flavor. For the
10 purposes of this section, the term "characterizing flavor" shall mean a
11 distinguishable taste or aroma, other than the taste or aroma of tobac-
12 co, imparted either prior to or during consumption of a tobacco product,
13 including but not limited to, tastes or aromas relating to any fruit,
14 chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
15 mint, wintergreen, herb, spice, or menthol, or any concept flavor that
16 imparts a taste or aroma that is distinguishable from tobacco flavor but
17 may not relate to any particular known flavor.
18 2. The measurements in subdivision one of this section are to be taken
19 in straight lines from the nearest point of the property line of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14082-05-0
A. 8911--B 2
1 parcel on which the school is located to the nearest point of the prop-
2 erty line of the parcel on which the business is located.
3 3. Violations of this section shall be enforced pursuant to section
4 thirteen hundred ninety-nine-ff of this article, except that any person
5 may submit a complaint to an enforcement officer reporting that a
6 violation of this section has occurred.
7 § 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
