Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A699A
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 elementary or secondary school
PURPOSE:
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 elementary or secondary 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 IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
699--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. DINOWITZ, GLICK, SIMON -- read once and referred
to the Committee 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
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 elementary or secondary 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 elementary or secondary school.
6 For purposes of this subdivision, the term "flavored smokeless tobacco"
7 shall mean any smokeless tobacco product containing, made of, or derived
8 from tobacco or nicotine that is intended to be placed by the consumer
9 in an oral cavity and contains a constituent that imparts a characteriz-
10 ing flavor. For the purposes of this section, the term "characterizing
11 flavor" shall mean a distinguishable taste or aroma, other than the
12 taste or aroma of tobacco, imparted either prior to or during consump-
13 tion of a tobacco product, including but not limited to, tastes or
14 aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
15 dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
16 or any concept flavor that imparts a taste or aroma that is distinguish-
17 able from tobacco flavor but may not relate to any particular known
18 flavor.
19 2. The measurements in subdivision one of this section are to be taken
20 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.
LBD00770-02-4
A. 699--A 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.
