Bill S248-2009

Relates to prohibiting the sale of flavored cigarettes

Establishes no person shall sell or offer for sale in this state any cigarette or any component part thereof which contains a natural or artificial additive that causes such cigarette or its smoke to have a characterizing flavor.

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  • Jan 6, 2010: REFERRED TO HEALTH
  • Jan 7, 2009: REFERRED TO HEALTH

Memo

 BILL NUMBER:  S248

TITLE OF BILL :

An act to amend the public health law, in relation to prohibiting the sale of flavored cigarettes

PURPOSE :

To prohibit the sale of certain flavored cigarettes.

SUMMARY OF PROVISIONS :

Section 1: Legislative findings and intent;

Section 2: Prohibits the sale of cigarettes which contains an additive that causes the cigarette to have a characterizing flavor. The term characterizing flavor is defined to include, but not be limited to: any fruit, chocolate, honey, candy, mint, cocoa, desert, alcoholic beverage, herb or spice; and specifically excludes tobacco, clove or menthol flavoring. Imposes a civil fine of $500 for each violation.

JUSTIFICATION :

The recent proliferation of cigarettes which are marketed as having a flavor imitating foods, candies, deserts, beverages, and spices is a disturbing trend in what some public health officials in Michigan and Massachusetts have called an attempt at marketing cigarettes to children. Nicotine is an addictive drug which is in itself harmful to people's health. Tobacco smoke contains many other additional chemicals known to cause cancer as well as heart and lung disease.

While adults are free to decide to smoke it they wish, it is important for them to be aware of and appreciate the potential long term health effects of smoking before deciding to do so. The law recognizes that children, however, cannot make those kinds of informed decisions, and prohibits the sale of cigarettes to children for this reasons. Unfortunately, cigarettes have proven too attractive for too many children, who have found ways to procure tobacco products. This has left these children addicted to cigarettes before they could appreciate or understand their harm.

Even if flavored cigarettes are not intended to appeal to children, the evidence suggests that such an appeal exists. The suggestion that these flavored cigarettes are priced too high to appeal to children is unconvincing. Once addicted to nicotine and used to tobacco smoke, underage smokers will turn to less expensive types of cigarettes, if doing so is the only way to satisfy their addition. The only solution is for the State to do everything in its power to ensure that these products are not available in New York by prohibiting their sale.

LEGISLATIVE HISTORY : 2005 Health Committee 2006 on 3rd Reading (S.1952-A/A.3983-A) 2007-2008 3rd Reading, (S4517-A/A.7368-A.

FISCAL IMPLICATIONS : None. Will result in a long term cost-savings to the State and local governments, by reducing the public health effect of tobacco use.

EFFECTIVE DATE : 180 days after enactment.

Text

STATE OF NEW YORK ________________________________________________________________________ 248 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. FUSCHILLO -- 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 cigarettes 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 cigarettes 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 ciga- rettes when they start smoking, and thus the existence of these products increases the incidence of tobacco use among children. Moreover, the earlier that an individual begins smoking, the more likely he or she will become addicted to tobacco products and will continue to smoke throughout his or her lifetime. As a result, flavored cigarettes result in increased tobacco use, increased addiction, a greater incidence of smoking-related illnesses, increased health care costs, and more smok- ing-related deaths. The legislature therefore finds and declares that flavored cigarettes present a significant threat to public health, and that the sale of flavored cigarettes 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 CIGARETTES PROHIBITED. 1. NO PERSON SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY CIGARETTE 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 CIGARETTE OR ITS SMOKE TO HAVE A CHARACTERIZING FLAVOR. 2. FOR THE PURPOSES OF THIS SECTION, THE PHRASE "CHARACTERIZING FLAVOR" SHALL INCLUDE BUT NOT BE LIMITED TO ANY FRUIT, CHOCOLATE, VANIL-
LA, HONEY, CANDY, MINT, COCOA, DESSERT, ALCOHOLIC BEVERAGE, HERB OR SPICE FLAVORING, BUT SHALL NOT INCLUDE TOBACCO, MENTHOL OR CLOVE. IN NO EVENT SHALL A CIGARETTE 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. 3. 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 PACK OF SUCH CIGARETTES SOLD OR OFFERED FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIFTY THOU- SAND DOLLARS FOR EACH BRAND OR STYLE OF THAT MANUFACTURER'S CIGARETTES 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. VIOLATIONS OF THIS SECTION SHALL BE ENFORCED IN THE SAME MANNER PROVIDED IN 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. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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