Bill S4365-2013

Amends certain definitions relating to tobacco products and changes the minimum pack sizes for tobacco products and the tax amount for tobacco products

Amends certain definitions relating to tobacco products and changes the minimum pack sizes for tobacco products and the tax amount for tobacco products.

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  • Jan 8, 2014: REFERRED TO HEALTH
  • Mar 22, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S4365

TITLE OF BILL: An act to amend the public health law and the tax law, in relation to amending certain definitions relating to tobacco products; and to amend the public health law and the tax law, in relation to changing the minimum pack sizes for tobacco products and the tax amount for tobacco products

PURPOSE:

To ensure that state definition of all tobacco products reaches all of the new smokeless tobacco products and remain comprehensive so that all products will not escape having to fully comply with all state tobacco product tax laws.

SUMMARY OF PROVISIONS:

Section 1399-aa subdivision 5 of the public health law is amended: To make sure that the state definition of "tobacco products" reaches all new and novel smokeless tobacco products.

Section 1399-aa of the public health law is amended by adding a new subdivision 14: Making all state "cigarette" definitions comprehensive to fully comply with all state tobacco product laws.

Subdivisions 1, 2 and 2-a of section 470 of the tax law, subdivision 1 as amended by section 14 and subdivision 2 as amended by section 15 of part D of chapter 134 of the laws of 2010 and subdivision 2-a as added by chapter 552 of the laws of 2008, are amended: (i)To reflect the changes to the definition of "cigarette" to make all definitions comprehensive to fully comply with all state tobacco product laws. (ii)To make all state "smokeless tobacco" and "tobacco product" definitions comprehensive.

A new subdivision 2-c is added: To make sure the weight-based tax does not apply to very-low-weight smokeless tobacco.

A new subdivision 2-d is added: "Moist snuff" is defined.

Subdivision 2 of section 1399-gg of the public health law is amended: Set minimum pack sizes for all tobacco products.

Subdivision 1 of section 471-b of the tax law is amended: To avoid sharply under-taxing new and novel tobacco products compared to regular tobacco products, New York should tax all the different types of tobacco products at the same or parallel high rates.

JUSTIFICATION:

New York collects more than $2 billion in tobacco taxes and related revenue every year, but the state has consistently cut the amount dedicated to the comprehensive, evidence-based Tobacco Control Program that includes hard-hitting ads, effective cessation and prevention services, smoke-free air laws to protect all workers from toxic secondhand smoke, and an aggressive attack on point-of-sale marketing in bodegas and elsewhere in our community. In New York, smoking still costs 70 lives each day. Health care costs amount to $8.1 billion

annually, including more than $2 billion from Medicaid alone. Lost wages and productivity linked to smoking are $6.05 billion a year. The proposed legislation would further the state's tobacco cessation efforts by raising much needed revenue, at the same time it seeks to discourage advertising to the most vulnerable group of New Yorkers which smokeless tobacco is marketed to - our children. The proposal would:

*Raise the state tax on moist snuff to $3.63 per ounce and on other tobacco products (OTPs) to 95% of wholesale price *Establish minimum tax rates for each major type of OTP based on the state cigarette tax *Close tax loopholes that allow some cigarettes to be taxed as cigars *Fix definitions that could allow some new types of tobacco products to slip through the cracks and escape taxation

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4365 2013-2014 Regular Sessions IN SENATE March 22, 2013 ___________
Introduced by Sen. 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 and the tax law, in relation to amending certain definitions relating to tobacco products; and to amend the public health law and the tax law, in relation to changing the minimum pack sizes for tobacco products and the tax amount for tobacco products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 1399-aa of the public health law, as amended by chapter 152 of the laws of 2004, is amended and a new subdivision 14 is added to read as follows: 5. "Tobacco products" means one or more cigarettes or cigars, bidis, chewing tobacco, LOOSE TOBACCO, SINGLE-UNIT TOBACCO, powdered tobacco, nicotine water or any other tobacco products AND ALSO INCLUDES ANY OTHER PRODUCT CONTAINING TOBACCO OR NICOTINE THAT IS INTENDED OR EXPECTED TO BE CONSUMED EXCEPT FOR ANY SUCH PRODUCT THAT HAS BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION FOR SALE AS A TOBACCO USE CESSATION PRODUCT OR FOR OTHER MEDICAL PURPOSES AND IS BEING MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE. 14. "CIGARETTE" MEANS ANY ROLL FOR SMOKING MADE WHOLLY OR IN PART OF TOBACCO OR OF ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE, SHAPE, APPEAR- ANCE, PACKAGING, PRICING, MARKETING OR LABELING AND WHETHER OR NOT SUCH TOBACCO OR SUBSTANCE IS FLAVORED, ADULTERATED OR MIXED WITH ANY OTHER INGREDIENT, THE WRAPPER OR COVER OF WHICH IS MADE OF PAPER OR ANY OTHER SUBSTANCE OR MATERIAL BUT IS NOT MADE IN WHOLE OR IN PART OF TOBACCO THAT IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY CONSUMERS AS A CIGARETTE, AS DEFINED ABOVE, INCLUDING ANY ROLL FOR SMOKING CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER.
S 2. Subdivisions 1, 2 and 2-a of section 470 of the tax law, subdivi- sion 1 as amended by section 14 and subdivision 2 as amended by section 15 of part D of chapter 134 of the laws of 2010 and subdivision 2-a as added by chapter 552 of the laws of 2008, are amended and two new subdi- visions 2-c and 2-d are added to read as follows: 1. "Cigarette." Any roll for smoking made wholly or in part of tobacco or of any other substance, irrespective of size [or], shape, APPEARANCE, PACKAGING, PRICING, MARKETING OR LABELING and whether or not such tobac- co or substance is flavored, adulterated or mixed with any other ingre- dient, the wrapper or cover of which is made of paper or any other substance or material but is not made in whole or in part of tobacco THAT IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY CONSUMERS AS A CIGARETTE, AS DEFINED ABOVE, INCLUDING ANY ROLL FOR SMOKING CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER. 2. "Tobacco products." Any cigar, including a little cigar, or tobac- co, other than cigarettes, [intended for consumption by smoking, chew- ing, or as snuff] AND ALSO INCLUDES ANY OTHER PRODUCT CONTAINING TOBACCO OR NICOTINE THAT IS INTENDED OR EXPECTED TO BE CONSUMED EXCEPT FOR ANY SUCH PRODUCT THAT HAS BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINIS- TRATION FOR SALE AS A TOBACCO USE CESSATION PRODUCT OR FOR OTHER MEDICAL PURPOSES AND IS BEING MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE. 2-a. "[Roll-your-own] LOOSE tobacco." Any tobacco product that, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. LOOSE TOBACCO SHALL ALSO INCLUDE PIPE TOBACCO, ROLL-YOUR-OWN TOBACCO AND ANY OTHER LOOSE TOBACCO USED FOR SMOKING. 2-C. "SINGLE-UNIT TOBACCO PRODUCTS." ANY TOBACCO PRODUCT, INCLUDING FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR BLEND CONTAINING TOBACCO INTENDED FOR ORAL CONSUMPTION WITHOUT BEING COMBUSTED, OTHER THAN CIGA- RETTES OR CIGARS, THAT IS OFFERED IN DISCRETE SINGLE-USE TABLETS, LOZENGES, POUCHES, PILLS, OR OTHER SINGLE-DOSE OR SINGLE-USE UNITS, OR IN PACKAGES OF SUCH SINGLE-USE UNITS. 2-D. "MOIST SNUFF." FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR BLEND CONTAINING TOBACCO INTENDED FOR ORAL CONSUMPTION WITHOUT BEING COMBUSTED THAT IS NOT A SINGLE-UNIT TOBACCO PRODUCT AS DEFINED IN SUBDI- VISION TWO-C OF THIS SECTION. S 3. Subdivision 2 of section 1399-gg of the public health law, as added by chapter 513 of the laws of 2004, is amended to read as follows: 2. No person engaged in the business of manufacturing, selling or otherwise distributing tobacco products, herbal cigarettes, cigarette wrapping papers, wrapping leaves or tubes, or any agent or employee of such person, shall manufacture or cause to be manufactured for sale in this state, or sell or distribute in this state: (a) any package or other container of cigarettes containing fewer than twenty cigarettes; (b) any package of [roll-your-own] LOOSE tobacco containing less than [six-tenths] SIXTY-FIVE HUNDREDTHS of an ounce of tobacco; [or] (c) ANY PACKAGE OF CIGARS CONTAINING FEWER THAN FIVE CIGARS; (D) ANY PACKAGE OF SINGLE-UNIT TOBACCO, AS DEFINED IN SUBDIVISION TWO-C OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, CONTAINING FEWER THAN TWENTY PIECES OF SINGLE-USE UNITS; (E) ANY PACKAGE OF MOIST SNUFF CONTAINING LESS THAN AN OUNCE OF TOBACCO; OR (F) any package or other container of cigarette wrapping papers, wrapping leaves or tubes, that are or are held out to
be suitable for use or used as devices to wrap tobacco for smoking, containing fewer than twenty sheets, leaves or tubes. S 4. Subdivision 1 of section 471-b of the tax law, as amended by section 2 of part QQ-1 of chapter 57 of the laws of 2008, paragraphs (a) and (b) as amended by section 18 and paragraph (c) as added by section 19 of part D of chapter 134 of the laws of 2010, is amended to read as follows: 1. There is hereby imposed and shall be paid a tax on all tobacco products possessed in this state by any person for sale, except that no tax shall be imposed on tobacco products sold under such circumstances that this state is without power to impose such tax, or sold to the United States, or sold to or by a voluntary unincorporated organization of the armed forces of the United States operating a place for the sale of goods pursuant to regulations promulgated by the appropriate execu- tive agency of the United States, to the extent provided in such regu- lations and policy statements of such an agency applicable to such sales. (a) Such tax on tobacco products [other than snuff and little cigars] shall be at the rate of [seventy-five] NINETY-FIVE percent of the whole- sale price OR THE MINIMUM RATES AS INDICATED IN PARAGRAPH (B), (C), (D), (E) OR (F) OF THIS SUBDIVISION, WHICHEVER IS HIGHER, and is intended to be imposed only once upon the sale of any tobacco products [other than snuff and little cigars]. (b) Such MINIMUM tax on MOIST snuff shall be at the rate of [two] THREE dollars AND SIXTY-THREE CENTS per ounce and a proportionate rate on any fractional parts of an ounce[, provided that cans or packages of snuff with a net weight of less than one ounce shall be taxed at the equivalent rate of cans or packages weighing one ounce]. Such tax shall be computed based on the net weight as listed by the manufacturer, and is intended to be imposed only once upon the sale of any MOIST snuff. (c) Such tax on little cigars shall be at the same rate imposed on cigarettes under this article and is intended to be imposed only once upon the sale of any little cigars. (D) SUCH MINIMUM TAX ON SINGLE-UNIT TOBACCO PRODUCTS SHALL BE AT THE SAME RATE IMPOSED ON CIGARETTES UNDER THIS ARTICLE AND IS INTENDED TO BE IMPOSED ONLY ONCE UPON THE SALE OF ANY SINGLE-DOSE OR SINGLE-UNIT TOBAC- CO PRODUCTS. (E) SUCH MINIMUM TAX ON ANY LOOSE TOBACCO MEANT FOR SMOKING SHALL BE EQUAL TO THE AMOUNT OF THE TOTAL TAX ON A PACK OF TWENTY CIGARETTES UNDER THIS ARTICLE PER 0.65 OUNCES WITH A PROPORTIONATE TAX ON ANY OTHER WEIGHTS, BASED ON THE NET WEIGHT DETERMINED BY THE MANUFACTURER. SUCH TAX IS INTENDED TO BE IMPOSED ONLY ONCE UPON THE SALE OF ANY LOOSE TOBACCO. (F) SUCH MINIMUM TAX ON CIGARS, OTHER THAN LITTLE CIGARS, SHALL BE EQUAL TO THE AMOUNT OF THE TOTAL TAX ON A PACK OF TWENTY CIGARETTES UNDER THIS ARTICLE WITH A PROPORTIONATE TAX ON PACKAGES WITH FEWER THAN FIVE CIGARS AND IS INTENDED TO BE IMPOSED ONLY ONCE UPON THE SALE OF ANY CIGARS. It shall be presumed that all tobacco products within the state are subject to tax until the contrary is established, and the burden of proof that any tobacco products are not taxable hereunder shall be upon the person in possession thereof. S 5. This act shall take effect immediately.

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