NY State Senate Bill 2013-S6285

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2014	referred to health

2013-S6285 (ACTIVE) - Details

See Assembly Version of this Bill:: A8952
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L; amd §470, Tax L

2013-S6285 (ACTIVE) - Summary

Relates to the prohibition of the sale of flavored little cigars and cigarillos.

2013-S6285 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6285

TITLE OF BILL:  An act to amend the public health law and the tax law,
in relation to the prohibition of the sale of flavored little cigars

PURPOSE: To restrict the sale of flavored little cigars and flavored
cigarillos to retail tobacco businesses.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section 1399-cc-1. Subdivision 1 of this new section prohibits the
sale of little cigars and cigarillos that contain a natural or
artificial constituent or additive that causes them to have a
characterizing flavor. Subdivision 2 of this new section provides a
definition for "characterizing flavor." Subdivision 3 of this new
section provides that these provisions shall not apply to a retail
tobacco business, provided that such business does not admit persons
under the age of eighteen.

Section 2 of the bill amends subdivision 2 of section 470 of the tax
law to include "cigarillo" within the definition of "tobacco
products." This section of the bill also adds a new subdivision 2-c to
section 470 of the tax law to provide a definition for "cigarillo."

Section 3 of the bill amends subdivision 19 of section 470 of the tax

law to provide that "cigar" shall also include any "cigarillo" unless
expressly excluded.

Section 4 provides the effective date.

JUSTIFICATION:  A recent report issued by the Centers for Disease
Control and Prevention (CDC), which was based on data from the 2011
National Youth Tobacco Survey, showed that more than 40% of middle and
high school students who smoke used flavored little cigars, cigarillos
or cigarettes. Even more troubling, nearly 60% of those who smoke such
products say they have no plans to quit (compared to 49% of all other
cigar smokers). Citing the appeal to kids as justification, in 2009
the federal "Family Smoking Prevention and Control Act" banned the
sale of cigarettes containing any flavor except menthol Little cigars
and cigarillos containing the same flavors, however, where not
covered.

As with cigarette smoke, cigars contain numerous toxic and
cancer-causing chemicals that are harmful to both smokers and
nonsmokers alike, and may even be more dangerous than cigarettes.
Research conducted by the National Cancer Institute has shown that
cigar smoke contains a higher level of cancer-causing substances, more
tar and more and higher concentrations of toxins than cigarettes.
Cigar smoking has been shown to cause a variety of cancers, including
those of the oral cavity, larynx, esophagus and lung, and may also
cause cancer of the pancreas Daily cigar smokers have also been shown
to be at increased risk for developing heart disease and other types
of lung disease.

Although tobacco use among kids has declined over the past few
decades, the 2011 data shows that 13.1% of kids still report smoking


cigars, which are becoming increasingly popular. In fact, from 1997 to
2007, cigar sales increased by 240%, with flavored cigars accounting
for about 80% of those sales. Compounding the problem, although they
are very similar to cigarettes, little cigars and cigarillos are not
regulated in the same way. These products can be purchased in smaller
packs than cigarettes, and in many cases individually. Also, little
cigars and cigarillos are taxed at a much lower rate than cigarettes,
making them far more affordable for children.

It has been clearly shown that added flavors - chocolate, vanilla,
various fruits, bubblegum, etc. - strongly appeal to youth, in part by
masking the harshness and taste of tobacco. Given the fact that nearly
88% of adult smokers say they started smoking before the age of 18,
New York should do all that it can to prevent kids from obtaining
these products.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2013-S6285 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6285

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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
  the prohibition of the sale of flavored little cigars

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
1399-cc-1 to read as follows:
  S 1399-CC-1. SALE OF FLAVORED LITTLE CIGARS AND CIGARILLOS PROHIBITED.
1.  NO  PERSON SHALL KNOWINGLY SELL OR PROVIDE TO ANY OTHER PERSON UNDER
EIGHTEEN YEARS OF AGE ANY LITTLE CIGAR, AS DEFINED IN SUBDIVISION  TWO-B
OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, OR CIGARILLO, AS DEFINED
IN  SUBDIVISION  TWO-C  OF  SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW,
WHICH CONTAINS A NATURAL OR  ARTIFICIAL  CONSTITUENT  OR  ADDITIVE  THAT
CAUSES  SUCH LITTLE CIGAR OR CIGARILLO OR ITS SMOKE TO HAVE A CHARACTER-
IZING FLAVOR. NO OTHER PROVISION OF LAW AUTHORIZING THE SALE OF  TOBACCO
PRODUCTS,  OTHER THAN SUBDIVISION THREE OF THIS SECTION, SHALL AUTHORIZE
THE SALE OF  FLAVORED  LITTLE  CIGARS  OR  CIGARILLOS.  ANY  PERSON  WHO
VIOLATES  THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  2. FOR THE  PURPOSES  OF  THIS  SECTION,  THE  PHRASE  "CHARACTERIZING
FLAVOR"  SHALL  MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING BUT NOT
LIMITED TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,  DESSERT,
ALCOHOLIC  BEVERAGE,  HERB  OR  SPICE  FLAVORING,  BUT SHALL NOT INCLUDE
TOBACCO, MENTHOL, MINT OR WINTERGREEN. A LITTLE CIGAR OR CIGARILLO  WILL
BE  DEEMED  TO  HAVE A CHARACTERIZING FLAVOR IF IT OR ANY COMPONENT PART
THEREOF IS ADVERTISED OR MARKETED AS HAVING OR PRODUCING A FLAVOR, TASTE
OR AROMA OTHER THAN TOBACCO, MENTHOL, MINT OR WINTERGREEN.
  3. (A) THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION  SHALL  NOT
APPLY  TO  A RETAIL TOBACCO BUSINESS, AS DEFINED IN SUBDIVISION SEVEN OF
SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS  CHAPTER,  PROVIDED  SUCH
BUSINESS DOES NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD.
  (B)  ANY  PERSON  OPERATING A RETAIL TOBACCO BUSINESS WHEREIN FLAVORED
LITTLE CIGARS OR CIGARILLOS ARE SOLD OR OFFERED FOR SALE  IS  PROHIBITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13190-02-3

S. 6285                             2

FROM  SELLING  SUCH  FLAVORED LITTLE CIGARS OR CIGARILLOS TO INDIVIDUALS
UNDER EIGHTEEN YEARS OF AGE, AND SHALL POST IN  A  CONSPICUOUS  PLACE  A
SIGN  UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT, "SALE
OF  FLAVORED LITTLE CIGARS OR CIGARILLOS TO PERSONS UNDER EIGHTEEN YEARS
OF AGE IS PROHIBITED BY LAW." SUCH SIGN SHALL BE PRINTED ON A WHITE CARD
IN RED LETTERS AT LEAST ONE-HALF INCH IN HEIGHT.
  (C) SALES OF FLAVORED LITTLE CIGARS OR CIGARILLOS BY A RETAIL  TOBACCO
BUSINESS SHALL BE MADE ONLY TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH A
DRIVER'S  LICENSE  OR OTHER PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A
GOVERNMENT ENTITY OR EDUCATIONAL INSTITUTION INDICATING THAT  THE  INDI-
VIDUAL  IS  AT LEAST EIGHTEEN YEARS OF AGE. SUCH IDENTIFICATION NEED NOT
BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY  APPEARS  TO  BE  AT  LEAST
TWENTY-FIVE  YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL
NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF A TOBAC-
CO PRODUCT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
  (D)(I) ANY PERSON OPERATING A RETAIL TOBACCO BUSINESS WHEREIN FLAVORED
LITTLE CIGARS OR CIGARILLOS ARE SOLD OR OFFERED FOR SALE MAY  PERFORM  A
TRANSACTION SCAN AS A PRECONDITION FOR SUCH PURCHASES.
  (II)  IN  ANY  INSTANCE WHERE THE INFORMATION DECIPHERED BY THE TRANS-
ACTION SCAN FAILS TO MATCH  THE  INFORMATION  PRINTED  ON  THE  DRIVER'S
LICENSE  OR  NON-DRIVER  IDENTIFICATION CARD, OR IF THE TRANSACTION SCAN
INDICATES THAT THE INFORMATION IS FALSE  OR  FRAUDULENT,  THE  ATTEMPTED
TRANSACTION SHALL BE DENIED.
  (III)   IN   ANY  PROCEEDING  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
NINETY-NINE-EE OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE  THAT
SUCH PERSON HAD PRODUCED A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
CARD  APPARENTLY ISSUED BY A GOVERNMENTAL ENTITY, SUCCESSFULLY COMPLETED
THAT TRANSACTION SCAN, AND THAT THE FLAVORED LITTLE CIGAR  OR  CIGARILLO
HAD  BEEN SOLD, DELIVERED OR GIVEN TO SUCH PERSON IN REASONABLE RELIANCE
UPON SUCH IDENTIFICATION AND TRANSACTION SCAN. IN EVALUATING THE  APPLI-
CABILITY  OF  SUCH  AFFIRMATIVE DEFENSE THE COMMISSIONER SHALL TAKE INTO
CONSIDERATION ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY  THE  SELLER
TO  EFFECTUATE THE PROVISIONS OF THIS CHAPTER. USE OF A TRANSACTION SCAN
SHALL NOT EXCUSE ANY PERSON OPERATING A RETAIL TOBACCO BUSINESS  WHEREIN
FLAVORED  LITTLE CIGARS OR CIGARILLOS ARE SOLD, OR THE AGENT OR EMPLOYEE
OF SUCH PERSON, FROM THE  EXERCISE  OF  REASONABLE  DILIGENCE  OTHERWISE
REQUIRED BY THIS CHAPTER. NOTWITHSTANDING THE ABOVE PROVISIONS, ANY SUCH
AFFIRMATIVE  DEFENSE  SHALL  NOT  BE APPLICABLE IN ANY CIVIL OR CRIMINAL
PROCEEDING, OR IN ANY OTHER FORUM.
  (E) A RETAIL TOBACCO BUSINESS OR AGENT OR EMPLOYEE  OF  SUCH  BUSINESS
SHALL  ONLY USE A DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READ-
ABLE FORMAT, AND SHALL ONLY USE THE INFORMATION RECORDED AND  MAINTAINED
THROUGH THE USE OF SUCH DEVICES, FOR THE PURPOSES CONTAINED IN PARAGRAPH
(D) OF THIS SUBDIVISION. NO RETAIL TOBACCO BUSINESS OR AGENT OR EMPLOYEE
OF  SUCH  BUSINESS  SHALL RESELL OR DISSEMINATE THE INFORMATION RECORDED
DURING SUCH A SCAN TO  ANY  THIRD  PERSON.  SUCH  PROHIBITED  RESALE  OR
DISSEMINATION  INCLUDES BUT IS NOT LIMITED TO ANY ADVERTISING, MARKETING
OR PROMOTIONAL ACTIVITIES. NOTWITHSTANDING THE RESTRICTIONS  IMPOSED  BY
THIS PARAGRAPH, SUCH RECORDS MAY BE RELEASED PURSUANT TO A COURT ORDERED
SUBPOENA  OR  PURSUANT TO ANY OTHER STATUTE THAT SPECIFICALLY AUTHORIZES
THE RELEASE OF SUCH INFORMATION. EACH VIOLATION OF THIS PARAGRAPH  SHALL
BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS.
  (F)  A  RETAIL  TOBACCO BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS
MAY ELECTRONICALLY OR MECHANICALLY RECORD AND MAINTAIN ONLY THE INFORMA-
TION FROM A TRANSACTION SCAN NECESSARY TO EFFECTUATE THIS SECTION.  SUCH
INFORMATION  SHALL  BE  LIMITED TO THE FOLLOWING: (I) NAME, (II) DATE OF

S. 6285                             3

BIRTH, (III) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION  NUMBER,  AND
(IV) EXPIRATION DATE.
  (G)  AS USED IN THIS SUBDIVISION, "A DEVICE CAPABLE OF DECIPHERING ANY
ELECTRONICALLY READABLE FORMAT", "CARD HOLDER"  AND  "TRANSACTION  SCAN"
SHALL  HAVE  THE  SAME MEANINGS AS ARE ASCRIBED TO SUCH TERMS BY SECTION
THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
  S 2. Subdivision 2 of section 470  of  the  tax  law,  as  amended  by
section  15 of part D of chapter 134 of the laws of 2010, is amended and
a new subdivision 2-c is added to read as follows:
  2. "Tobacco products." Any cigar, including a little cigar OR CIGARIL-
LO, or tobacco, other than cigarettes, intended for consumption by smok-
ing, chewing, or as snuff.
  2-C. "CIGARILLO." ANY ROLL FOR SMOKING  MADE  WHOLLY  OR  IN  PART  OF
TOBACCO  IF SUCH PRODUCT IS WRAPPED IN ANY SUBSTANCE CONTAINING TOBACCO,
OTHER THAN NATURAL LEAF TOBACCO WRAPPER,  AND  WEIGHING  NOT  MORE  THAN
SEVEN  POUNDS PER THOUSAND, REGARDLESS IF SUCH PRODUCT CONTAINS A CELLU-
LOSE ACETATE OR OTHER INTEGRATED FILTER, OR AN ADDED TIP  OF  ANY  OTHER
MATERIAL.
  S  3.  Subdivision  19  of  section  470 of the tax law, as amended by
section 17 of part D of chapter 134 of the laws of 2010, is  amended  to
read as follows:
  19.  "Cigar."  Any  roll  of tobacco wrapped in leaf tobacco or in any
substance containing tobacco (other than any roll of tobacco that  is  a
cigarette  as defined in subdivision one of this section). "Cigar" shall
include, except where expressly excluded, any little cigar OR CIGARILLO.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S6285

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2013-S6285 (ACTIVE) - Details

2013-S6285 (ACTIVE) - Summary

2013-S6285 (ACTIVE) - Sponsor Memo

2013-S6285 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6285

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

2013-S6285 (ACTIVE) - Details

2013-S6285 (ACTIVE) - Summary

2013-S6285 (ACTIVE) - Sponsor Memo

2013-S6285 (ACTIVE) - Bill Text download pdf

Comments