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. LBD00770-01-3A. 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.