S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    277
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by M. of A. PAULIN, GALEF, GUNTHER, JAFFEE, RYAN, ROSENTHAL,
   MOSLEY, WEPRIN, SKOUFIS, ABINANTI -- read once  and  referred  to  the
   Committee on Health
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored tobacco products

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that  there  has  been  a  proliferation  of  flavored  tobacco
 products  in  recent years. Many of these products have fruit, chocolate
 or other flavors that are particularly attractive to children. According
 to public health experts, children are more likely  to  choose  flavored
 tobacco  products  when they start using tobacco, and thus the existence
 of these products increases the incidence of tobacco use among children.
 Moreover, the earlier that an individual begins using tobacco, the  more
 likely  he  or  she  will  become  addicted to tobacco products and will
 continue to use them throughout  his  or  her  lifetime.  As  a  result,
 flavored  tobacco  products  result  in increased tobacco use, increased
 addiction, a greater incidence of tobacco-related  illnesses,  increased
 health  care costs, and more tobacco-related deaths. In 2009, the United
 States Congress enacted legislation prohibiting  the  sale  of  flavored
 cigarettes,  but  such  action does not apply to other tobacco products.
 The legislature, therefore, finds and  declares  that  flavored  tobacco
 products,  like  flavored  cigarettes,  present  a significant threat to
 public health, and that the sale of flavored tobacco  products  must  be
 prohibited.
   §  2. Article 13-F of the public health law is amended by adding a new
 section 1399-aa-1 to read as follows:
   § 1399-AA-1. SALE OF  FLAVORED  TOBACCO  PRODUCTS  PROHIBITED.  1.  NO
 PERSON  SHALL  SELL OR OFFER FOR SALE IN THIS STATE ANY TOBACCO PRODUCT,
 AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY OF THE TAX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01065-01-7

 A. 277                              2
 
 LAW, OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT  LIMITED  TO,  THE
 TOBACCO,  PAPER,  ROLL OR FILTER, WHICH CONTAINS A NATURAL OR ARTIFICIAL
 CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO
 HAVE  A  CHARACTERIZING  FLAVOR  EXCEPT  FOR  PIPE TOBACCO AND HAND-MADE
 CIGARS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   2.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "PIPE  TOBACCO" SHALL MEAN TOBACCO THAT IS NO SMALLER THAN TWENTY
 CUTS PER INCH AND HAS A MOISTURE CONTENT OF AT LEAST FIFTEEN PERCENT.
   (B) "HAND-MADE CIGARS" SHALL MEAN CIGARS THAT  ARE  MADE  ENTIRELY  BY
 HAND  OF  A  TOBACCO  LEAF  WRAPPER,  HAND CONSTRUCTED AND HAND WRAPPED,
 WHOLESALING FOR TWO DOLLARS OR MORE, AND WEIGHING MORE THAN THREE POUNDS
 PER ONE THOUSAND CIGARS.
   3.   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. IN  NO  EVENT  SHALL  A  TOBACCO
 PRODUCT  OR  ANY  COMPONENT PART THEREOF, INCLUDING, BUT NOT LIMITED TO,
 THE TOBACCO, PAPER, ROLL OR FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
 FLAVOR BASED SOLELY ON THE  USE  OF  ADDITIVES  OR  FLAVORINGS,  OR  THE
 PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
   4. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
 THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
 DOLLARS FOR EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD  OR  OFFERED
 FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
 FIFTY  THOUSAND  DOLLARS  FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S
 TOBACCO PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE  IN
 VIOLATION  OF  THIS  SECTION ON MORE THAN ONE OCCASION DURING ANY THIRTY
 DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO A  MANUFACTURER,  IT
 SHALL  BE  AN  AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSUANT TO
 THIS SECTION THAT SUCH SALE OR OFFER OF SALE,  AS  APPLICABLE,  OCCURRED
 WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION AND INVOLVEMENT, DIRECT OR
 INDIRECT,  OF  SUCH  MANUFACTURER.  VIOLATIONS  OF THIS SECTION SHALL BE
 ENFORCED PURSUANT TO SECTION THIRTEEN  HUNDRED  NINETY-NINE-FF  OF  THIS
 ARTICLE, EXCEPT THAT ANY PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT
 OFFICER THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
   5. THE PROHIBITIONS CONTAINED IN 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.
   § 3. This act shall take effect on the one hundred fiftieth day  after
 it shall have become a law.