Bill S385A-2011

Requires cigarette manufacturer to disclose chemical additives in cigarettes

Requires manufacturers of cigarettes sold or distributed in the state to disclose additives used in the manufacture of cigarettes and to identify those substances 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.

Details

Actions

  • Jan 4, 2012: REFERRED TO HEALTH
  • Dec 23, 2011: PRINT NUMBER 385A
  • Dec 23, 2011: AMEND AND RECOMMIT TO HEALTH
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S385A

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

PURPOSE OR GENERAL IDEA OF BILL: To acknowledge the public's right to know the chemical substances used in cigarettes and what toxic effects, if any, these additives have been found to have.

To acknowledge the public's right to in cigarettes and what toxic effects, found to have.

SUMMARY OF PROVISIONS: Any manufacturer of cigarettes or chewing tobacco sold within NYS must provide the Commissioner of Health with an annual report stating the complete and up-to-date list of added substances used in the manufacture of such cigarettes.

The department shall investigate the health risks associated with these added substances and shall develop standards for the manufacturers to reduce risks from exposure to these additives. Any information which will reduce risks to the public's health will be made public.

Violations of this article may be punishable by a fine of up to $10,000 for each violation.

JUSTIFICATION: The New York State "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. Constituents of tobacco smoke include over 4600 chemicals, most of which we have little information about. Known carcinogens found in tobacco smoke include: PAH, N-nitrosamines, arylamines, phenols, hydrogen cyanide, acrolein and acetaldehyde. These chemicals, as well as other substances added in the manufacture of cigarettes, must be examined to determine their toxicity not only to smokers; but to everyone who is exposed to second hand smoke.

LEGISLATIVE HISTORY: 2009-2010: S.3586/A.2233

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 385--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, PARKER, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- 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 requiring ciga- rette manufacturers to disclose the chemical substances 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 may have toxic effects for both smokers and nonsmokers. Therefore, the legislature further finds that the public has a right to know the chemical substances used in the manufacture of cigarettes and what toxic effects, if any, these additives have been found to have or are suspected of having. S 2. Article 13-F of 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 LISTED IN DESCENDING ORDER ACCORDING TO WEIGHT, MEASURE, OR NUMERICAL COUNT; (B) THE NICOTINE YIELD RATINGS, WHICH SHALL ACCURATELY PREDICT NICO- TINE INTAKE FOR AVERAGE CONSUMERS, BASED ON STANDARDS TO BE ESTABLISHED BY THE DEPARTMENT; AND (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. THE DEPARTMENT SHALL INVESTIGATE HEALTH RISKS ASSOCIATED WITH EXPOSURE TO ADDED CONSTITUENTS, TOXIC CONSTITUENTS AND NICOTINE AND SHALL DEVELOP STANDARDS FOR MANUFACTURERS TO REDUCE RISKS ASSOCIATED WITH EXPOSURE TO ADDED CONSTITUENTS, TOXIC CONSTITUENTS, AND NICOTINE. 2. THE NICOTINE YIELD RATINGS SO PROVIDED, AND ANY OTHER SUCH INFORMA- TION IN THE ANNUAL REPORTS WITH RESPECT TO WHICH THE DEPARTMENT DETER- MINES THAT THERE IS REASONABLE SCIENTIFIC BASIS FOR CONCLUDING THAT THE AVAILABILITY OF SUCH INFORMATION COULD REDUCE RISKS TO PUBLIC HEALTH, SHALL BE PUBLIC RECORDS AND AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 3. ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, 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. 5. THE COMMISSIONER SHALL ANNUALLY PREPARE AND PUBLISH A REPORT BASED UPON THE INFORMATION RECEIVED BY THE DEPARTMENT PURSUANT TO THIS SECTION, INDICATING THE RELATIVE LEVELS OF ADDED CONSTITUENTS AND RELA- TIVE NICOTINE YIELD RATINGS OF BRANDS OF CIGARETTES, SNUFF OR CHEWING TOBACCO SOLD IN THIS STATE. SUCH REPORT SHALL ALSO INDICATE WHICH OF SUCH CONSTITUENTS ARE KNOWN TO BE TOXIC, DESCRIPTIONS OF THE TOXIC EFFECTS, AND THE CIRCUMSTANCES UNDER WHICH SUCH EFFECTS ARE PRODUCED. 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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