NY State Senate Bill 2019-S6809B

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 30, 2020	print number 6809b
Sep 30, 2020	amend (t) and recommit to health
Mar 04, 2020	print number 6809a
Mar 04, 2020	amend and recommit to health
Jan 08, 2020	referred to health
Oct 25, 2019	referred to rules

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S6809 - Details

See Assembly Version of this Bill:: A8808
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S84, A3499
2023-2024: S2441, A3907

2019-S6809 - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

2019-S6809 - Sponsor Memo

                                
 
BILL NUMBER: S6809

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting the sale and distribution of flavored tobacco products and
accessories

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new Section 1399-cc-1 to the Public
Health Law to prohibit the sale, offer for sale, or distribution in New
York State of any tobacco product with a "characterizing flavor" or any
accessory that imparts a "characterizing flavor" to a tobacco product.

The bill establishes that any entity other than a manufacturer that
violates the provisions of the new section shall be subject to a fine of
not more than one hundred dollars for each individual product/accessory
sold, offered for sale, or distributed in violation.  It also estab-
lishes that any manufacturer that violates the provisions of the new
section shall be subject to a civil penalty not to exceed fifty thousand
dollars for each brand or style of its tobacco products/accessories
found to have been sold, offered for sale, or distributed in violation

on more than one occasion during any thirty day period.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

According to the U.S. Centers for Disease Control and Prevention (CDC),
smoking is the leading cause of preventable death in the United States,
as cigarette smoking is "responsible for more than 480,000 deaths per
year." The CDC also adds, "If smoking continues at the current rate
among U.S. youth, 5.6 million of today's Americans younger than 18 years
of age are expected to die prematurely from a smoking-related illness."

Though federal law prohibits the sale of almost all flavored cigarettes,
it does not prohibit the sale of menthol cigarettes, and does not
restrict flavored tobacco products other than cigarettes. This inaction
has permitted tobacco products to remain appealing to young people and
adults alike, despite their devastating health impacts.

According to the Public Health Law Center, reports commissioned by the
FDA have concluded that "removing menthol from all commercial tobacco
products would benefit the public's health and save thousands of lives,
33 to 50 percent of which would be African American."  The Center also
notes that "at least half of all teen smokers use menthol tobacco
products," and "menthol cigarettes are used at disproportionately higher
rates by racial and ethnic minority smokers."

The New York State Department of Health notes that the use of tobacco
products takes nearly 30,000 New Yorkers' lives per year and costs us
$10.4 billion in health care expenses and billions more in lost work-
place productivity.

According to the Campaign for Tobacco-Free Kids, 7 states and over 220
localities have restricted the sale of flavored tobacco products in some
form, and more than 50 communities "restrict the sale of menthol ciga-
rettes, in addition to other flavored tobacco products."

New York State government must do everything in its power to diminish
the appeal of tobacco products and encourage smoking cessation.  This
bill would make New York a national leader in discouraging tobacco usage
by prohibiting the sale, offer for sale, or distribution of all flavored
tobacco products and accessories, including menthol flavors.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Anticipated costs to the state relating to enforcement of the new law,
which would be significantly offset by future savings in health care
costs due to less tobacco usage.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2019-S6809 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6809
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale and distribution of flavored tobacco products and accessories
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1399-cc-1 to read as follows:
   §  1399-CC-1.  SALE  AND DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS AND
 ACCESSORIES PROHIBITED. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM
 "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR AROMA,
 OTHER THAN THE TASTE OR AROMA OF TOBACCO, IMPARTED EITHER  PRIOR  TO  OR
 DURING  CONSUMPTION  OF A TOBACCO PRODUCT, INCLUDING BUT NOT LIMITED TO,
 TASTES OR AROMAS RELATING  TO  ANY  FRUIT,  CHOCOLATE,  VANILLA,  HONEY,
 CANDY,  COCOA,  DESSERT,  ALCOHOLIC  BEVERAGE,  MINT, WINTERGREEN, HERB,
 SPICE, OR MENTHOL, OR ANY CONCEPT FLAVOR THAT IMPARTS A TASTE  OR  AROMA
 THAT  IS  DISTINGUISHABLE  FROM TOBACCO FLAVOR BUT MAY NOT RELATE TO ANY
 PARTICULAR KNOWN FLAVOR.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIB-
 UTE TOBACCO PRODUCTS WITH A CHARACTERIZING FLAVOR  OR  ACCESSORIES  THAT
 IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT IN THIS STATE.
   3.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY OTHER  THAN  A  MANUFACTURER  THAT
 VIOLATES  THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL TOBACCO PRODUCT OR
 ACCESSORY WITH A CHARACTERIZING FLAVOR THAT IS FOUND TO HAVE BEEN  SOLD,
 OFFERED  FOR  SALE,  OR  DISTRIBUTED  IN  VIOLATION  OF  THIS SECTION. A
 MANUFACTURER SHALL BE SUBJECT TO A CIVIL PENALTY  NOT  TO  EXCEED  FIFTY
 THOUSAND  DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S TOBACCO
 PRODUCTS OR ACCESSORIES THAT IS FOUND TO HAVE  BEEN  SOLD,  OFFERED  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13933-01-9

 S. 6809                             2
 
 SALE, OR DISTRIBUTED IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCA-
 SION  DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT
 TO A MANUFACTURER, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF  A
 VIOLATION  PURSUANT  TO  THIS  SECTION THAT SUCH SALE, OFFER OF SALE, OR
 DISTRIBUTION, AS APPLICABLE, OCCURRED WITHOUT  THE  KNOWLEDGE,  CONSENT,
 AUTHORIZATION AND INVOLVEMENT, DIRECT OR INDIRECT, OF SUCH MANUFACTURER.
 VIOLATIONS  OF  THIS SECTION SHALL BE ENFORCED PURSUANT TO SECTION THIR-
 TEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY PERSON  MAY
 SUBMIT  A  COMPLAINT  TO AN ENFORCEMENT OFFICER THAT A VIOLATION OF THIS
 SECTION HAS OCCURRED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

co-Sponsors

2019-S6809A - Details

See Assembly Version of this Bill:: A8808
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S84, A3499
2023-2024: S2441, A3907

2019-S6809A - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

2019-S6809A - Sponsor Memo

                                
 
BILL NUMBER: S6809A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
sale and distribution of flavored tobacco products and accessories

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new Section 1399-cc-1 to the Public
Health Law to prohibit the sale, offer for sale, or distribution in New
York State of any tobacco product with a "characterizing flavor" or any
accessory that imparts a "characterizing flavor" to a tobacco product.

The bill establishes that any entity other than a manufacturer that
violates the provisions of the new section shall be subject to a fine of
not more than one hundred dollars for each individual product/accessory
sold, offered for sale, or distributed in violation. It also establishes
that any manufacturer that violates the provisions of the new section
shall be subject to a civil penalty not to exceed fifty thousand dollars
for each brand or style of its tobacco products/accessories found to

have been sold, offered for sale, or distributed in violation on more
than one occasion during any thirty day period.

The bill would also prohibit enforcement agents, police officers, peace
officers, or other law enforcement officers from stopping, questioning,
searching, or arresting any person on grounds of or in relation to
possession, consumption, or purchase of any flavored tobacco product, or
for the purpose of inquiring or determining how or from what person or
entity the person obtained a flavored tobacco product.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

According to the U.S. Centers for Disease Control and Prevention (CDC),
smoking is the leading cause of preventable death in the United States,
as cigarette smoking is "responsible for more than 480,000 deaths per
year." The CDC also adds, "If smoking continues at the current rate
among U.S. youth, 5.6 million of today's Americans younger than 18 years
of age are expected to die prematurely from a smoking-related illness."

Though federal law prohibits the sale of almost all flavored cigarettes,
it does not prohibit the sale of menthol cigarettes, and does not
restrict flavored tobacco products other than cigarettes. This inaction
has permitted tobacco products to remain appealing to young people and
adults alike, despite their devastating health impacts.

According to the Public Health Law Center, reports commissioned by the
FDA have concluded that "removing menthol from all commercial tobacco
products would benefit the public's health and save thousands of lives,
33 to 50 percent of which would be African American." The Center also
notes that "at least half of all teen smokers use menthol tobacco
products," and "menthol cigarettes are used at disproportionately higher
rates by racial and ethnic minority smokers."

The New York State Department of Health notes that the use of tobacco
products takes nearly 30,000 New Yorkers' lives per year and costs us
$10.4 billion in health care expenses and billions more in lost work-
place productivity.

According to the Campaign for Tobacco-Free Kids, 7 states and over 220
localities have restricted the sale of flavored tobacco products in some
form, and more than 50 communities "restrict the sale of menthol ciga-
rettes, in addition to other flavored tobacco products."

New York State government must do everything in its power to diminish
the appeal of tobacco products and encourage smoking cessation. This
bill would make New York a national leader in discouraging tobacco usage
by prohibiting the sale, offer for sale, or distribution of all flavored
tobacco products and accessories, including menthol flavors.

Importantly, this bill would not apply to the possession of such
flavored tobacco products, and contains language specifically prohibit-
ing law enforcement's ability to stop, question, search, or arrest
people based on their possession, consumption, or purchase of flavored
tobacco products.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Anticipated costs to the state relating to enforcement of the new law,
which would be significantly offset by future savings in health care
costs due to less tobacco usage.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2019-S6809A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6809--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules  --  recommitted  to  the  Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale and distribution of flavored tobacco products and accessories
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 1399-cc-1 to read as follows:
   §  1399-CC-1.  SALE  AND DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS AND
 ACCESSORIES PROHIBITED. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM
 "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR AROMA,
 OTHER THAN THE TASTE OR AROMA OF TOBACCO, IMPARTED EITHER  PRIOR  TO  OR
 DURING  CONSUMPTION  OF A TOBACCO PRODUCT, INCLUDING BUT NOT LIMITED TO,
 TASTES OR AROMAS RELATING  TO  ANY  FRUIT,  CHOCOLATE,  VANILLA,  HONEY,
 CANDY,  COCOA,  DESSERT,  ALCOHOLIC  BEVERAGE,  MINT, WINTERGREEN, HERB,
 SPICE, OR MENTHOL, OR ANY CONCEPT FLAVOR THAT IMPARTS A TASTE  OR  AROMA
 THAT  IS  DISTINGUISHABLE  FROM TOBACCO FLAVOR BUT MAY NOT RELATE TO ANY
 PARTICULAR KNOWN FLAVOR.
   2. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIB-
 UTE TOBACCO PRODUCTS WITH A CHARACTERIZING FLAVOR  OR  ACCESSORIES  THAT
 IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT IN THIS STATE.
   3.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY OTHER  THAN  A  MANUFACTURER  THAT
 VIOLATES  THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL TOBACCO PRODUCT OR
 ACCESSORY WITH A CHARACTERIZING FLAVOR THAT IS FOUND TO HAVE BEEN  SOLD,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13933-02-0

 S. 6809--A                          2
 
 OFFERED  FOR  SALE,  OR  DISTRIBUTED  IN  VIOLATION  OF  THIS SECTION. A
 MANUFACTURER SHALL BE SUBJECT TO A CIVIL PENALTY  NOT  TO  EXCEED  FIFTY
 THOUSAND  DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S TOBACCO
 PRODUCTS  OR  ACCESSORIES  THAT  IS FOUND TO HAVE BEEN SOLD, OFFERED FOR
 SALE, OR DISTRIBUTED IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCA-
 SION DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH  RESPECT
 TO  A MANUFACTURER, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF A
 VIOLATION PURSUANT TO THIS SECTION THAT SUCH SALE,  OFFER  OF  SALE,  OR
 DISTRIBUTION,  AS  APPLICABLE,  OCCURRED WITHOUT THE KNOWLEDGE, CONSENT,
 AUTHORIZATION AND INVOLVEMENT, DIRECT OR INDIRECT, OF SUCH MANUFACTURER.
 VIOLATIONS OF THIS SECTION SHALL BE ENFORCED PURSUANT TO  SECTION  THIR-
 TEEN  HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY PERSON MAY
 SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER THAT A  VIOLATION  OF  THIS
 SECTION HAS OCCURRED.
   4.  NOTWITHSTANDING  ANY  LAW  TO  THE CONTRARY, NO ENFORCEMENT AGENT,
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MAY STOP,
 QUESTION, SEARCH OR ARREST ANY PERSON: (A) ON GROUNDS OF OR IN  RELATION
 TO  POSSESSION,  CONSUMPTION  OR PURCHASE OF ANY PRODUCT SUBJECT TO THIS
 SECTION; OR (B) FOR THE PURPOSE OF INQUIRING OR DETERMINING HOW OR  FROM
 WHAT  PERSON  OR  ENTITY THE PERSON OBTAINED ANY PRODUCT SUBJECT TO THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.

co-Sponsors

2019-S6809B (ACTIVE) - Details

See Assembly Version of this Bill:: A8808
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S84, A3499
2023-2024: S2441, A3907

2019-S6809B (ACTIVE) - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

2019-S6809B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6809B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting the
retail sale of flavored tobacco products and accessories

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new Section 1399-cc-1 to the Public
Health Law to prohibit the sale or offer for retail sale in New York
State of any tobacco product with a "characterizing flavor" or any
accessory that imparts a "characterizing flavor" to a tobacco product.

Violations would be punishable by a civil fine of not more than five
hundred dollars.

The bill would also prohibit enforcement agents, police officers, peace
officers, or other law enforcement officers from stopping, questioning,
searching, or arresting any person on grounds of or in relation to
possession, consumption, or purchase of any flavored tobacco product, or

for the purpose of inquiring or determining how or from what person or
entity the person obtained a flavored tobacco product.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

According to the U.S. Centers for Disease Control and Prevention (CDC),
smoking is the leading cause of preventable death in the United States,
as cigarette smoking is responsible for more than 480,000 deaths per
year. The CDC also adds, "If smoking continues at the current rate among
U.S. youth, 5.6 million of today's Americans younger than 18 years of
age are expected to die prematurely from a smoking-related illness."

Though federal law prohibits the sale of almost all flavored cigarettes,
it does not prohibit the sale of menthol cigarettes, and does not
restrict flavored tobacco products other than cigarettes.  This inaction
has permitted tobacco products to remain appealing to young people and
adults alike, despite their devastating health impacts.

People of color have been particularly targeted by tobacco companies
pushing menthol cigarettes. For decades, these companies have spent
millions of dollars on advertisements, sponsorships, and promotions
targeted towards communities predominantly composed of people of color.

In fact, research shows that areas with larger Black and Latinx popu-
lations have more tobacco retailers, and retailers in those areas are
more likely to display exterior tobacco advertisements. A 2013 study by
researchers affiliated with Stanford University also found that Afri-
can-American youth were three times more likely than others to recognize
the Newport brand, a leading manufacturer of menthol cigarettes.

Unfortunately, this predatory, intentional targeting has been success-
ful. Today, 85% of African-American smokers use menthol cigarettes,
which is nearly three times the rate of white smokers (29%). That's up
from just 5% in the 1950s. The highest rates of menthol cigarette smok-
ing in the U.S. are among African-American youth ages 12-17 (about 7 in
10, according to the Campaign for Tobacco-Free Kids). And alarmingly,
data shows that African-American and Latino menthol smokers successfully
quit at a lower rate than non-menthol smokers in their same ethnic
groups. This is a major reason why the NAACP has vocally supported
banning the sale of menthol cigarettes for years.

According to the Public Health Law Center, reports commissioned by the
FDA have concluded that "removing menthol from all commercial tobacco
products would benefit the public's health and save thousands of lives,
33 to 50 percent of which would be African American." The Center also
notes that "at least half of all teen smokers use menthol tobacco
products," and "menthol cigarettes are used at disproportionately higher
rates by racial and ethnic minority smokers."

Research also shows that the LGBTQ community is also significantly more
likely to smoke menthol cigarettes, as more than 36% of LGBT smokers
report primarily smoking menthols. When paired with other tobacco indus-
try targeting, this has resulted in disproportionately high rates of
smoking among LBGTQ individuals, particularly transgender individuals.

This targeting has real-life health consequences for hundreds of thou-
sands of New Yorkers. The New York State Department of Health notes that
the use of tobacco products takes nearly 30,000 New Yorkers' lives per
year and costs us $10.4 billion in health care expenses and billions
more in lost workplace productivity.

According to the Campaign for Tobacco-Free Kids, more than 290 locali-
ties across the country have restricted the sale of flavored tobacco
products in some form, and at least 100 communities "restrict the sale
of menthol cigarettes, in addition to other flavored tobacco products."

Most notably, Massachusetts became the first state to enact a complete
ban on the sale of all flavored tobacco products, including menthol
cigarettes and flavored e-cigarettes, which took effect in June 2020.
California followed suit by enacting similar legislation in August 2020.

New York State government must do everything in its power to diminish
the appeal of tobacco products and encourage smoking cessation, while
ensuring that individual New Yorkers aren't subjected to increased,
unnecessary interactions with law enforcement personnel.

Importantly, this bill would not apply to the possession of such
flavored tobacco products, and contains language specifically prohibit-
ing law enforcement from stopping, questioning, searching, or arresting
people based on their possession, consumption, or purchase of flavored
tobacco products.

New York took bold action to protect public health and reduce children's
exposure to tobacco products by banning the sale of flavored vapor
products in the FY 2020-21 Enacted Budget. While that was a landmark
step, we must go further to discourage tobacco use and remedy the
historical inequities and negative health impacts to communities of
color and other populations caused by the tobacco industry.

This bill would make New York a national leader in discouraging tobacco
usage by prohibiting the retail sale of all flavored tobacco products
and accessories, including menthol flavors.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2019-S6809B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6809--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules  --  recommitted  to  the  Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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
   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:
 
   Section  1.  The  public health law is amended by adding a new section
 1399-cc-1 to read as follows:
   § 1399-CC-1. RETAIL SALE OF FLAVORED TOBACCO PRODUCTS AND  ACCESSORIES
 PROHIBITED.  1. FOR THE PURPOSES OF THIS SECTION, THE TERM "CHARACTERIZ-
 ING FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, OTHER THAN  THE
 TASTE  OR  AROMA OF TOBACCO, IMPARTED EITHER PRIOR TO OR DURING CONSUMP-
 TION OF A TOBACCO PRODUCT, INCLUDING  BUT  NOT  LIMITED  TO,  TASTES  OR
 AROMAS  RELATING  TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,
 DESSERT, ALCOHOLIC BEVERAGE, MINT, WINTERGREEN, HERB, SPICE, OR MENTHOL,
 OR ANY CONCEPT FLAVOR THAT IMPARTS A TASTE OR AROMA THAT IS DISTINGUISH-
 ABLE FROM TOBACCO FLAVOR BUT MAY NOT  RELATE  TO  ANY  PARTICULAR  KNOWN
 FLAVOR.
   2.  NO  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY COMPANY, CORPORATION, OR OTHER  ENTITY  LICENSED  PURSUANT  TO
 ARTICLE  TWENTY  OF THE TAX LAW, OR EMPLOYEE OF SUCH ENTITIES SHALL SELL
 OR OFFER FOR RETAIL SALE TOBACCO PRODUCTS WITH A  CHARACTERIZING  FLAVOR
 OR  ACCESSORIES THAT IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT
 IN THIS STATE.
   3. ANY  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY  COMPANY,  CORPORATION,  OR OTHER ENTITY  LICENSED PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13933-07-0

 S. 6809--B                          2
 
 ARTICLE TWENTY OF THE TAX LAW  THAT  VIOLATES  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN FIVE HUNDRED
 DOLLARS.  COMPLAINTS ALLEGING VIOLATIONS OF THIS SECTION MAY BE  SUBMIT-
 TED  TO  PERSONNEL DESIGNATED PURSUANT TO SECTION THIRTEEN HUNDRED NINE-
 TY-NINE-FF OF THIS ARTICLE, EXCEPT THAT SUCH COMPLAINTS MAY BE SUBMITTED
 BY ANY PERSON.
   4. NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  NO  ENFORCEMENT  AGENT,
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MAY STOP,
 QUESTION,  SEARCH OR ARREST ANY PERSON: (A) ON GROUNDS OF OR IN RELATION
 TO POSSESSION, CONSUMPTION OR PURCHASE OF ANY PRODUCT  SUBJECT  TO  THIS
 SECTION;  OR (B) FOR THE PURPOSE OF INQUIRING OR DETERMINING HOW OR FROM
 WHAT PERSON OR ENTITY THE PERSON OBTAINED ANY PRODUCT  SUBJECT  TO  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

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Senate Bill S6809B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2019-S6809 - Details

2019-S6809 - Summary

2019-S6809 - Sponsor Memo

2019-S6809 - Bill Text download pdf

co-Sponsors

2019-S6809A - Details

2019-S6809A - Summary

2019-S6809A - Sponsor Memo

2019-S6809A - Bill Text download pdf

co-Sponsors

2019-S6809B (ACTIVE) - Details

2019-S6809B (ACTIVE) - Summary

2019-S6809B (ACTIVE) - Sponsor Memo

2019-S6809B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6809B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2019-S6809 - Details

2019-S6809 - Summary

2019-S6809 - Sponsor Memo

2019-S6809 - Bill Text download pdf

co-Sponsors

2019-S6809A - Details

2019-S6809A - Summary

2019-S6809A - Sponsor Memo

2019-S6809A - Bill Text download pdf

co-Sponsors

2019-S6809B (ACTIVE) - Details

2019-S6809B (ACTIVE) - Summary

2019-S6809B (ACTIVE) - Sponsor Memo

2019-S6809B (ACTIVE) - Bill Text download pdf

Comments