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
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.
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