A00699 Summary:

BILL NOA00699
 
SAME ASNo Same As
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Add §1399-cc-1, Pub Health L
 
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.
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A00699 Actions:

BILL NOA00699
 
01/11/2023referred to health
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A00699 Committee Votes:

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A00699 Floor Votes:

There are no votes for this bill in this legislative session.
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A00699 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A699
 
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 school   PURPOSE OR GENERAL IDEA OF BILL: 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 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 nicotine, 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.org/assets/factsheets/0008.pdf   PRIOR LEGISLATIVE HISTORY: 2022: A.1887 - Reported to Rules / S.1021 - Health 2021: A.1887 - Health / S.1021 - Health 2019-20 - A.8911-B - Health / S.7068 - Health   FISCAL IMPLICATION: None.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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A00699 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           699
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health
 
        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
    20  parcel  on which the school is located to the nearest point of the prop-
    21  erty line of the parcel on which the business is located.
    22    3. Violations of this section shall be enforced  pursuant  to  section
    23  thirteen  hundred ninety-nine-ff of this article, except that any person
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00770-01-3

        A. 699                              2
 
     1  may submit a complaint  to  an  enforcement  officer  reporting  that  a
     2  violation of this section has occurred.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.
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