•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S06809 Summary:

BILL NOS06809B
 
SAME ASSAME AS A08808-B
 
SPONSORHOYLMAN
 
COSPNSRBIAGGI, CARLUCCI, KRUEGER, SANDERS
 
MLTSPNSR
 
Add 1399-cc-1, Pub Health L
 
Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.
Go to top

S06809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6809--B
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    October 25, 2019
                                       ___________
 
        Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Rules  --  recommitted  to  the  Committee on Health in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend the public health law, in relation to prohibiting the
          retail sale of flavored tobacco products and accessories
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  1399-cc-1 to read as follows:
     3    § 1399-cc-1. Retail sale of flavored tobacco products and  accessories
     4  prohibited.  1. For the purposes of this section, the term "characteriz-
     5  ing flavor" shall mean a distinguishable taste or aroma, other than  the
     6  taste  or  aroma of tobacco, imparted either prior to or during consump-
     7  tion of a tobacco product, including  but  not  limited  to,  tastes  or
     8  aromas  relating  to any fruit, chocolate, vanilla, honey, candy, cocoa,
     9  dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
    10  or any concept flavor that imparts a taste or aroma that is distinguish-
    11  able from tobacco flavor but may not  relate  to  any  particular  known
    12  flavor.
    13    2.  No  tobacco  business,  firm,  partnership,  association,  limited
    14  liability company, corporation, or other  entity  licensed  pursuant  to
    15  article  twenty  of the tax law, or employee of such entities shall sell
    16  or offer for retail sale tobacco products with a  characterizing  flavor
    17  or  accessories that impart a characterizing flavor to a tobacco product
    18  in this state.
    19    3. Any  tobacco  business,  firm,  partnership,  association,  limited
    20  liability  company,  corporation,  or other entity  licensed pursuant to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13933-07-0

        S. 6809--B                          2
 
     1  article twenty of the tax law  that  violates  the  provisions  of  this
     2  section  shall  be subject to a civil fine of not more than five hundred
     3  dollars.  Complaints alleging violations of this section may be  submit-
     4  ted  to  personnel designated pursuant to section thirteen hundred nine-
     5  ty-nine-ff of this article, except that such complaints may be submitted
     6  by any person.
     7    4. Notwithstanding any law to  the  contrary,  no  enforcement  agent,
     8  police officer, peace officer or other law enforcement officer may stop,
     9  question,  search or arrest any person: (a) on grounds of or in relation
    10  to possession, consumption or purchase of any product  subject  to  this
    11  section;  or (b) for the purpose of inquiring or determining how or from
    12  what person or entity the person obtained any product  subject  to  this
    13  section.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.    Effective  immediately,  the  addition,  amendment
    16  and/or repeal of any rule or regulation necessary for the implementation
    17  of  this  act  on  its  effective  date  are  authorized  to be made and
    18  completed on or before such effective date.
Go to top