Amd §§1399-aa, 1399-ee, 1399-ff, 1399-gg, 1399-hh, 1399-ii, 1399-ii-1, 1399-ll & 1399-mm-1, Pub Health L; amd
§1183, Tax L
Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2128
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law and the tax law, in relation to
prohibiting the storage of flavored vapor products near where vapor or
tobacco products are sold at retail or wholesale
PURPOSE:
This legislation will empower local health departments to enforce the
state's ban on the sale of flavored vapor products.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivisions one, seventeen, and eighteen of section
1399-aa of the public health law by adding a new subdivision 2-a.
Section two amends subdivision two and paragraph F of subdivision 3 of
section 1399-ee of the public health law.
Section three amends subdivision 1 of section 1399-ff of the public
health law.
Section four amends subdivisions two and three of section 1399-hh of the
public health law.
Section five amends subdivision two of section 1399-ii of the public
health law.
Section six amends section 1399-H-1 of the public health law.
Section seven amends subdivision six of section 1399-11 of the public
health law.
Section eight amends section 1399-mm-1 of the public health law.
Section nine amends section 1183 of the tax law.
Section ten amends section 1183 of the tax law by adding two new subdi-
visions, I and J.
Section eleven contains a severability clause.
Section twelve establishes the effective date.
JUSTIFICATION:
In 2018, the U.S. Surgeon General declared youth e-cigarette use an
epidemic. Flavored vapor products continue to pose a health risk to
young people in particular and their use has been linked to increased
risk of cardiovascular disease, negative impacts on adolescent brain
development, and for many, the start of a lifelong battle with nicotine
addiction.
Big tobacco has long used flavors to attract a new generation of custom-
ers and pad their bottom line. In 2020, New York State banned the sale
of flavored e-cigarettes, recognizing the harm they cause to countless
young people. According to the National Youth Tobacco Survey, in 2020
almost twenty percent of high school students used e-cigarettes; of
those students, more than eight out of ten reported using flavored
products
The language that was ultimately adopted as part of the state budget
included an exemption for products approved by the federal Food and Drug
Administration through the premarket tobacco application process. Over-
whelming evidence shows that flavored e-cigarettes hook young people.
This legislation would remove this potential loophole.
In addition, enforcement has proven difficult for local health depart-
ments. Some retailers have begun to stock flavored products in back
rooms, even selling to customers in violation of the law. In some
instances, health officials have been unable to gain access to all areas
of the store during an inspection. By hindering the health department's
ability to confirm compliance, bad actors have been able to continue to
sell flavored products.
New York State's campaign to stymie nicotine addiction in youths has
also been hindered by Big Tobacco. As more states adopt laws like those
passed by New York State, tobacco companies have crafted a way to
circumvent these bans by adding ingredients to their products to create
a "cooling" sensation that mimics menthol. In other states, manufactur-
ers have switched to using additives that provide the same sensation,
though without mint flavor. Despite not containing any flavor, the pack-
aging has been designed to give consumers the same impression of a
"refreshing" sensation that customers have learned to associate with
menthol-flavored products.
This legislation would strengthen the existing laws by explicitly safe-
guarding New York State's strong laws that protect young people from the
dangers of electronic cigarettes. Retailers would be prohibited from
keeping flavored products in their inventory or otherwise distributing
them and fines would be imposed for impeding an official's ability to
conduct their inspection.
LEGISLATIVE HISTORY:
2023-24: A.9110 - Referred to Health; S.8531 Referred to Health
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
