Actions

Meetings

Alcoholism and Drug Abuse: Jan 19, 2012, Commerce, Economic Development and Small Business: May 24, 2011

Calendars

Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

Votes

Memo

BILL NUMBER:S616A

TITLE OF BILL: An act to amend the general business law, in relation to candy and food products packaged as tobacco products

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 or emulate tobacco products, such as cigarettes, cigars, or snuff. 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-j to prohibit the sale of candy or other food products in New York that are packaged to lock like tobacco products such as cigarettes, cigars or powdered tobacco. 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, cigars, snuff or 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. This familiarity among children and our children's peers may in fact make the choice to not smoke or use other tobacco products a more difficult one. These products geared toward children help to promote the concept that the use of tobacco is fun, acceptable, and "adult-like". The war against tobacco addiction is difficult enough without youths becoming familiar with and consuming facsimiles of these very unhealthy 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.

Text

STATE OF NEW YORK
________________________________________________________________________

616--A

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 -- committee discharged and  said  bill  committed  to  the
  Committee on Alcoholism and Drug Abuse -- reported favorably from said
  committee  and committed to the Committee on Commerce, Economic Devel-
  opment and Small  Business  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to candy and food
  products packaged as tobacco products

  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. 1. NO
CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE  SOLD  OR  OFFERED  FOR
SALE  AT  RETAIL  IN  THIS  STATE  WHICH  SHALL BE PACKAGED OR SHAPED TO
EMULATE OR RESEMBLE ANY TYPE OF  TOBACCO  PRODUCTS  INCLUDING,  BUT  NOT
LIMITED TO, CIGARETTES, CIGARS OR POWDERED TOBACCO.
  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.
                                                           LBD03861-04-1