NY State Senate Bill 2009-S252

Senate Bill S252

2009-2010 Legislative Session

Requires cigarette manufacturers to disclose chemical additives and product design characteristics in cigarettes

download bill text pdf

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
Jan 06, 2010	referred to health
Jan 07, 2009	referred to health

2009-S252 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L

2009-S252 (ACTIVE) - Summary

Requires manufacturers of cigarettes sold or distributed in the state to disclose additives and product design characteristics used in the manufacture of cigarettes and to identify those substances and characteristics which have been determined to be toxic; provisions made for the health department to investigate the health risks associated with exposure to added constituents, toxic constituents and nicotine and shall develop standards to reduce risks; establishes civil penalty for violations; makes related provisions.

2009-S252 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S252

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring
cigarette manufacturers to disclose the chemical substances and
product design characteristics used in the manufacture of cigarettes


 PURPOSE :
To allow the public to know what chemical substances and product
design characteristics are used in the manufacturing of cigarettes

 SUMMARY OF PROVISIONS :
Section one provides the Legislative findings. Section two amends the
health law by adding a new section that provides that any manufacturer
of cigarettes, snuff or chewing tobacco sold with- in New York State
must provide the department of health with an annual report stating:
the identity of any added constituent other than tobacco or water;
nicotine yield ratings; the identity of toxic constituents; and the
description and purpose of each product design feature for cigarettes,
snuff, or chewing tobacco. The commissioner of health will prepare and
publish an annual report based on the information received by the
department. The report will contain nicotine yield ratings and other
information where the department determines there is a reasonable
scientific basis to conclude that such pose significant risks to
public health. The report will be made available to the public over

the internet. Constituents that the department determines not to be a
risk to public health will not be released in the report or for public
record. On and after January 1,2012 no manufacturer shall sell or
offer for sale cigarettes, snuff or chewing tobacco without having
provided to the department the required information.  The attorney
general may file suit in NYS Supreme Court to compel compliance, and
the Court may issue a civil penalty of up to ten thousand dollars.

 JUSTIFICATION :
The NYS "Right to Know" law was enacted in 1980 to insure that workers
would know of any potentially dangerous toxic substances which they
may encounter in the workplace. It has been, and continues to be, the
legislature's policy that New Yorkers have the right to know about
potentially harmful substances to which they may be exposed. However,
the public still does not know all of the ingredients added to
cigarettes, snuff or chewing tobacco. Constituents of tobacco smoke
include over 4600 chemicals, most of which we have little information.
Known carcinogens found in tobacco smoke include: P AH,
N-nitrosa-mines, arylamines, phenols, hydrogen cyanide, acrolein and
acetaldehyde.

 LEGISLATIVE HISTORY :
2007-2008 Referred to Health (S.4516-A/A.7101-A)

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
On the first day of January following enactment.

2009-S252 (ACTIVE) - Bill Text download pdf

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

                                   252

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (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 requiring ciga-
  rette manufacturers to disclose the chemical  substances  and  product
  design characteristics used in the manufacture of cigarettes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. It has been the policy of  the  state
to  guarantee  and facilitate the public right to know concerning health
risks that may be encountered from  manufactured  products  and  at  the
workplace.  The  legislature  finds that literally thousands of chemical
substances are routinely utilized in the manufacture  of  cigarettes  as
burn retardants, preservatives, flavor enhancers and for other aesthetic
purposes  and  that such chemicals, as well as product design character-
istics, may have toxic effects for both smokers and  nonsmokers.  There-
fore,  the legislature further finds that the public has a right to know
what chemical substances and product design characteristics are used  in
the  manufacture  of  cigarettes  and  what toxic effects, if any, these
additives and characteristics have been found to have or  are  suspected
of having.
  S  2.  The  public  health  law  is  amended  by  adding a new section
1399-mm-1 to read as follows:
  S 1399-MM-1. DISCLOSURE BY MANUFACTURERS OF TOBACCO PRODUCTS. 1.   FOR
THE  PURPOSE  OF PROTECTING THE PUBLIC HEALTH, ANY MANUFACTURER OF CIGA-
RETTES, SNUFF OR CHEWING TOBACCO SOLD IN THIS STATE  SHALL  PROVIDE  THE
DEPARTMENT  WITH  AN ANNUAL REPORT, IN A FORM AND AT A TIME SPECIFIED BY
THE DEPARTMENT, WHICH LISTS FOR EACH BRAND  OF  SUCH  PRODUCT  SOLD  THE
FOLLOWING INFORMATION:
  (A)  THE IDENTITY OF ANY ADDED CONSTITUENT OTHER THAN TOBACCO OR WATER
INCLUDING RECONSTITUTED TOBACCO SHEET MADE WHOLLY FROM  TOBACCO,  TO  BE

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

                                                           LBD00909-01-9

S. 252                              2

LISTED  IN  DESCENDING  ORDER ACCORDING TO WEIGHT, MEASURE, OR NUMERICAL
COUNT;
  (B) THE NICOTINE YIELD RATINGS BASED ON STANDARDS TO BE ESTABLISHED BY
THE DEPARTMENT;
  (C)  THE IDENTITY AND WEIGHT OF TOXIC CONSTITUENTS IN THE WHOLE TOBAC-
CO, AND FOR CIGARETTES THE IDENTITY AND WEIGHT OF TOXIC CONSTITUENTS  IN
THE  MAINSTREAM  SMOKE  AND SIDESTREAM SMOKE AND A TOXICITY YIELD RATING
BASED ON STANDARDS TO BE ESTABLISHED BY THE DEPARTMENT;
  (D) FOR CIGARETTES, A DESCRIPTION AND PURPOSE OF EACH  PRODUCT  DESIGN
FEATURE  THAT  THE DEPARTMENT DETERMINES MAY INFLUENCE CONSUMER EXPOSURE
TO TOXIC CONSTITUENTS INCLUDING, BUT NOT LIMITED TO, BLEND  OF  TOBACCOS
USED, INCLUDING PERCENTAGES OF RECONSTITUTED AND EXPANDED TOBACCOS, TYPE
AND  POROSITY OF PAPER USED, DIMENSION OF THE CIGARETTE AND TOBACCO ROD,
CHARACTERISTICS OF ANY FILTER INCLUDING TYPE, DIMENSIONS, FILTER  DENIER
AND  PERCENTAGE  OF  VENTILATION, PH OF THE SMOKE, AND UNBURNED NICOTINE
CONTENT; AND
  (E) FOR SNUFF OR CHEWING TOBACCO, A DESCRIPTION AND  PURPOSE  OF  EACH
PRODUCT  DESIGN  FEATURE  THAT  THE  DEPARTMENT DETERMINES MAY INFLUENCE
CONSUMER EXPOSURE INCLUDING, BUT NOT LIMITED TO, THE BLEND  OF  TOBACCOS
USED AND THE PH OF THE PRODUCT AT THE TIME OF MANUFACTURE.
  2.  THE COMMISSIONER SHALL ANNUALLY PREPARE AND PUBLISH A REPORT BASED
UPON THE  INFORMATION  RECEIVED  BY  THE  DEPARTMENT  PURSUANT  TO  THIS
SECTION,  INDICATING  FOR  EACH BRAND THE NICOTINE YIELD RATINGS AND ANY
OTHER SUCH CONSTITUENTS AND PRODUCT DESIGN FEATURES WHICH THE DEPARTMENT
DETERMINES THERE IS REASONABLE SCIENTIFIC BASIS FOR CONCLUDING THAT SUCH
CONSTITUENTS AND  DESIGN  FEATURES  POSE  SIGNIFICANT  RISKS  TO  PUBLIC
HEALTH,  PROVIDED HOWEVER THAT THE QUANTITIES OF SUCH CONSTITUENTS SHALL
NOT BE INCLUDED IN THE REPORT. THE REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC AND SHALL BE AVAILABLE BY ELECTRONIC  MEANS  OVER  THE  INTERNET.
NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE CONSTITUENTS
THAT ARE DETERMINED BY THE DEPARTMENT NOT TO POSE SIGNIFICANT  RISKS  TO
PUBLIC HEALTH TO BE RELEASED IN THE REPORT OR FOR PUBLIC RECORD.
  3.  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON, FIRM,
OR CORPORATION ENGAGED IN THE MANUFACTURE OF CIGARETTES  SHALL  SELL  OR
OFFER  FOR  SALE  IN THIS STATE ANY CIGARETTES, SNUFF OR CHEWING TOBACCO
FOR WHICH THE INFORMATION REQUIRED BY SUBDIVISION ONE  OF  THIS  SECTION
HAS NOT BEEN PROVIDED PURSUANT THERETO.
  4.  WHERE A VIOLATION OF THIS ARTICLE IS ALLEGED TO HAVE OCCURRED, THE
ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
YORK TO THE SUPREME COURT OF NEW YORK ON NOTICE OF  FIVE  DAYS,  FOR  AN
ORDER  COMPELLING  COMPLIANCE  WITH THIS ARTICLE. IN ANY SUCH PROCEEDING
THE COURT MAY IMPOSE A CIVIL PENALTY IN AN  AMOUNT  NOT  TO  EXCEED  TEN
THOUSAND DOLLARS FOR EACH VIOLATION.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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