Prohibits the sale or offering for sale at retail of candy or other food products packaged or shaped to emulate or resemble tobacco products; violations of such provisions shall constitute a violation as defined in the penal law.
TITLE OF BILL: An act to amend the general business law, in relation to candy and food products packaged as tobacco products or drug paraphernalia
PURPOSE OR GENERAL IDEA OF BILL: To eliminate the sale of candy and other food products that may be attractive to or marketed to children, but which are packaged to resemble tobacco products, such as cigarettes, cigars, snuff, or chewing tobacco or various forms of drug paraphernalia. A violation of this offense shall constitute a "violation" as defined in the penal law.
SUMMARY OF PROVISIONS:
Section 1: Adds General Business Law section 399-i to prohibit the sale of candy or other food products in New York that are packaged to lock like any type of tobacco product or drug paraphernalia. A violation of this section of law shall constitute a violation and be punishable by a fine of no more than $250.00 or a jail term not to exceed 15 days.
JUSTIFICATION: There are a number of candy items and other food products, such as beef jerky, which are being marketed to and sold to minors that resemble tobacco products such as cigarettes, snuff, and chewing tobacco. The sale of these food products to children could give our impressionable young the impression and cache that they are consuming "adult" products such as tobacco products or controlled Substances. This familiarity among children and our children's peers may in fact make the choice to not smoke or chew tobacco or to take drugs a more difficult one. These products geared toward children help to promote the concept that the use of tobacco or drugs is fun, acceptable, and "adult-like". The war against addiction to both tobacco and drugs is difficult enough without youths becoming familiar facsimiles of these products at a very early age.
PRIOR LEGISLATIVE HISTORY: 2010: S.6456 Referred to Codes 2009: A.3768 Referred to Consumer Affairs and Protection
EFFECTIVE DATE: This act shall take effect on the first of November after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 616 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. KLEIN, KRUEGER, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to candy and food products packaged as tobacco products or drug paraphernalia THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-j to read as follows: S 399-J. CANDY AND FOOD PRODUCTS PACKAGED AS TOBACCO PRODUCTS OR DRUG PARAPHERNALIA. 1. NO CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE SOLD, OFFERED FOR SALE OR DISTRIBUTED IN THIS STATE WHICH SHALL BE PACK- AGED, SHAPED OR MANUFACTURED TO RESEMBLE ANY TYPE OF TOBACCO PRODUCT INCLUDING, BUT NOT LIMITED TO, CIGARETTES, CIGARS, POWDERED TOBACCO OR CHEWING TOBACCO, OR ANY DRUG PARAPHERNALIA INCLUDING, BUT NOT LIMITED TO, GELATINE CAPSULES, GLASSINE ENVELOPES, VIALS, CAPSULES OR ANY OTHER MATERIAL SUITABLE FOR THE PACKAGING OF NARCOTIC DRUGS OR STIMULANTS. 2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION AS DEFINED IN THE PENAL LAW. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03861-01-1