Bill Text: NY A00699 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-05-09 - advanced to third reading cal.441 [A00699 Detail]

Download: New_York-2023-A00699-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           699

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health

        AN  ACT  to  amend the public health law, in relation to prohibiting the
          sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
          public or private school

          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. Sale of flavored smokeless tobacco; restrictions. 1.  No
     4  flavored smokeless tobacco product or component may be sold within  five
     5  hundred  feet  of  any  public  or  private school. For purposes of this
     6  subdivision, the term "flavored smokeless tobacco" shall mean any smoke-
     7  less tobacco product containing, made of, or  derived  from  tobacco  or
     8  nicotine that is intended to be placed by the consumer in an oral cavity
     9  and contains a constituent that imparts a characterizing flavor. For the
    10  purposes  of this section, the term "characterizing flavor" shall mean a
    11  distinguishable taste or aroma, other than the taste or aroma of  tobac-
    12  co, imparted either prior to or during consumption of a tobacco product,
    13  including  but  not  limited to, tastes or aromas relating to any fruit,
    14  chocolate, vanilla, honey, candy, cocoa,  dessert,  alcoholic  beverage,
    15  mint,  wintergreen,  herb, spice, or menthol, or any concept flavor that
    16  imparts a taste or aroma that is distinguishable from tobacco flavor but
    17  may not relate to any particular known flavor.
    18    2. The measurements in subdivision one of this section are to be taken
    19  in straight lines from the nearest point of the  property  line  of  the
    20  parcel  on which the school is located to the nearest point of the prop-
    21  erty line of the parcel on which the business is located.
    22    3. Violations of this section shall be enforced  pursuant  to  section
    23  thirteen  hundred ninety-nine-ff of this article, except that any person

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00770-01-3
        A. 699                              2

     1  may submit a complaint  to  an  enforcement  officer  reporting  that  a
     2  violation of this section has occurred.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.