NY State Senate Bill 2015-S1825

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 15, 2015	referred to health

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2015-S1825 (ACTIVE) - Details

See Assembly Version of this Bill:: A128
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 13-F §1399-aaa, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9482
2011-2012: A288
2013-2014: S5686, A1179
2017-2018: S758, A277
2019-2020: A5088
2021-2022: A4374

2015-S1825 (ACTIVE) - Summary

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.

2015-S1825 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1825

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

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of flavored tobacco products such as cigars,
chewing tobacco, snuff, and rolling paper in order to decrease the
incidence of tobacco use among children

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the legislative intent of the bill stating that
flavored tobacco products are particularly attractive to children and
increase the likelihood that children will become consumers of such
products.

Section 2 amends article 13-F of the public health law by adding a new
section, 1399-aaa, which provides that no person shall sell or offer
for sale any tobacco product that has a characterizing flavor, with
the exception of pipe tobacco and hand-made cigars. "Characterizing
flavor" is defined as a distinguishable taste or aroma, including but
not limited to any fruit, chocolate, vanilla, honey candy, cocoa,
dessert, alcoholic beverage, herb or spice flavoring. Flavors such as
tobacco itself, menthol, mint and wintergreen are exceptions. "Pipe

tobacco" is defined as tobacco that is no smaller than twenty cut per
inch and has a moisture content of at least fifteen percent, while
"hand-made cigars" is defined as cigars that are made entirely by hand
of a tobacco leaf wrapper, hand constructed and hand wrapped,
wholesaling for two dollars or more, and weighing more than three
pounds per one thousand cigars. This section also provides that any
person, other than a manufacturer, who violates the provisions of this
bill, shall be subject to a fine of up to one hundred dollars for
every package of flavored tobacco products sold or offered for sale.
Manufacturers who sell, or offer for sale, flavored tobacco products
may be subject to a civil penalty of up to fifty thousand dollars for
each brand or style of flavored tobacco product sold or offered for
sale on more than one occasion during any thirty day period, provided
that with respect to a manufacturer, it shall be an affirmative
defense to a finding of violation pursuant to this section that such
sale or offer of sale occurred without the knowledge, consent,
authorization and involvement, direct or indirect, of such
manufacturer. Any person may submit a complaint to an enforcement
officer stating that a violation has occurred. The prohibitions
contained in subdivision one shall not apply to a retail tobacco
business, provided such business does not admit any person under the
age of eighteen years old

Section 3 provides the effective date.

JUSTIFICATION:

Recently, the U.S. Food and Drug Administration (the FDA) banned the
sale of flavored cigarettes because they largely appeal to children,
New York City has expanded the ban to include flavored cigars and
flavored smokeless tobacco products such as snuff and chewing tobacco.


According to a study conducted by the National Cancer Institute, part
of the U.S. National Institute of Health, cigar smokers are as likely
as cigarette smokers to risk oral, throat, and esophageal cancers. The
study also demonstrated that those who use smokeless tobacco products
significantly raise their risk of developing cancers of the lip,
tongue, cheeks and gums The earlier a person begins using tobacco
products, the more likely it is that that person will become addicted
to tobacco. Preventing the sale of products that appeal to children
will help to prevent life-long use that leads to tobacco-related
illnesses, increased medical-costs, and tobacco-related deaths. The
2012 Surgeon General's report found that youth have higher rates of
cigar use and simultaneous use of multiple tobacco products.

PRIOR LEGISLATIVE HISTORY:

A.1179-A, 2013 and 2014 passed assembly, same as S.5686 2013 and 2014;
A.288-A, 2011 and 2012 passed assembly, same as S.5008 (Fuschillo)
2011 and 2012 referred to Health Committee; A.9482, 2010 reported out
of Health Committee, referred to Codes Committee. Same as S.6852
(Duane), 2010 referred to Health Committee.

FISCAL IMPLICATION:

Decreased tobacco tax revenue, offset by decreased medical care costs
and the collection of fines.

EFFECTIVE DATE:

This act shall take effect of the one hundred fiftieth day after is
shall have become a law.

2015-S1825 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1825

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sens. RITCHIE, AVELLA, BOYLE, CARLUCCI, KENNEDY, LATIMER,
  RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
  committed 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:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that  there  has  been  a  proliferation  of  flavored  tobacco
products  in  recent years. Many of these products have fruit, chocolate
or other flavors that are particularly attractive to children. According
to public health experts, children are more likely  to  choose  flavored
tobacco  products  when they start using tobacco, and thus the existence
of these products increases the incidence of tobacco use among children.
Moreover, the earlier that an individual begins using tobacco, the  more
likely  he  or  she  will  become  addicted to tobacco products and will
continue to use them throughout  his  or  her  lifetime.  As  a  result,
flavored  tobacco  products  result  in increased tobacco use, increased
addiction, a greater incidence of tobacco-related  illnesses,  increased
health  care costs, and more tobacco-related deaths. In 2009, the United
States Congress enacted legislation prohibiting  the  sale  of  flavored
cigarettes,  but  such  action does not apply to other tobacco products.
The legislature, therefore, finds and  declares  that  flavored  tobacco
products,  like  flavored  cigarettes,  present  a significant threat to
public health, and that the sale of flavored tobacco  products  must  be
prohibited.
  S  2. Article 13-F of the public health law is amended by adding a new
section 1399-aaa to read as follows:
  S 1399-AAA. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 1. NO PERSON
SHALL SELL OR OFFER FOR SALE IN  THIS  STATE  ANY  TOBACCO  PRODUCT,  AS
DEFINED  IN  SUBDIVISION  TWO OF SECTION FOUR HUNDRED SEVENTY OF THE TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00096-01-5

S. 1825                             2

LAW, OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT  LIMITED  TO,  THE
TOBACCO,  PAPER,  ROLL OR FILTER, WHICH CONTAINS A NATURAL OR ARTIFICIAL
CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO
HAVE  A  CHARACTERIZING  FLAVOR  EXCEPT  FOR  PIPE TOBACCO AND HAND-MADE
CIGARS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
  2.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "PIPE  TOBACCO" SHALL MEAN TOBACCO THAT IS NO SMALLER THAN TWENTY
CUTS PER INCH AND HAS A MOISTURE CONTENT OF AT LEAST FIFTEEN PERCENT.
  (B) "HAND-MADE CIGARS" SHALL MEAN CIGARS THAT  ARE  MADE  ENTIRELY  BY
HAND  OF  A  TOBACCO  LEAF  WRAPPER,  HAND CONSTRUCTED AND HAND WRAPPED,
WHOLESALING FOR TWO DOLLARS OR MORE, AND WEIGHING MORE THAN THREE POUNDS
PER ONE THOUSAND CIGARS.
  3.   FOR THE PURPOSES OF  THIS  SECTION,  THE  PHRASE  "CHARACTERIZING
FLAVOR"  SHALL  MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING BUT NOT
LIMITED TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,  DESSERT,
ALCOHOLIC  BEVERAGE,  HERB  OR  SPICE  FLAVORING,  BUT SHALL NOT INCLUDE
TOBACCO, MENTHOL, MINT, OR WINTERGREEN. IN  NO  EVENT  SHALL  A  TOBACCO
PRODUCT  OR  ANY  COMPONENT PART THEREOF, INCLUDING, BUT NOT LIMITED TO,
THE TOBACCO, PAPER, ROLL OR FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
FLAVOR BASED SOLELY ON THE  USE  OF  ADDITIVES  OR  FLAVORINGS,  OR  THE
PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
  4. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS FOR EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD  OR  OFFERED
FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FIFTY  THOUSAND  DOLLARS  FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S
TOBACCO PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE  IN
VIOLATION  OF  THIS  SECTION ON MORE THAN ONE OCCASION DURING ANY THIRTY
DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO A  MANUFACTURER,  IT
SHALL  BE  AN  AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSUANT TO
THIS SECTION THAT SUCH SALE OR OFFER OF SALE,  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 THIRTEEN  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.
  5. THE PROHIBITIONS CONTAINED IN SUBDIVISION ONE OF THIS SECTION SHALL
NOT  APPLY  TO A RETAIL TOBACCO BUSINESS AS DEFINED IN SUBDIVISION SEVEN
OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS CHAPTER, PROVIDED SUCH
BUSINESS DOES NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD.
  S 3. This act shall take effect on the one hundred fiftieth day  after
it shall have become a law.

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Senate Bill S1825

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2015-S1825 (ACTIVE) - Details

2015-S1825 (ACTIVE) - Summary

2015-S1825 (ACTIVE) - Sponsor Memo

2015-S1825 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1825

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2015-S1825 (ACTIVE) - Details

2015-S1825 (ACTIVE) - Summary

2015-S1825 (ACTIVE) - Sponsor Memo

2015-S1825 (ACTIVE) - Bill Text download pdf

Comments