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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         699--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. DINOWITZ, GLICK, SIMON -- read once and referred
          to the Committee on Health -- recommitted to the Committee  on  Health
          in  accordance  with  Assembly Rule 3, sec. 2 -- 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
          sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
          public or private elementary or secondary 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 elementary or secondary school.
     6  For purposes of this subdivision, the term "flavored smokeless  tobacco"
     7  shall mean any smokeless tobacco product containing, made of, or derived
     8  from  tobacco  or nicotine that is intended to be placed by the consumer
     9  in an oral cavity and contains a constituent that imparts a characteriz-
    10  ing flavor. For the purposes of this section, the  term  "characterizing
    11  flavor"  shall  mean  a  distinguishable  taste or aroma, other than the
    12  taste or aroma of tobacco, imparted either prior to or  during  consump-
    13  tion  of  a  tobacco  product,  including  but not limited to, tastes or
    14  aromas relating to any fruit, chocolate, vanilla, honey,  candy,  cocoa,
    15  dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
    16  or any concept flavor that imparts a taste or aroma that is distinguish-
    17  able  from  tobacco  flavor  but  may not relate to any particular known
    18  flavor.
    19    2. The measurements in subdivision one of this section are to be taken
    20  in straight lines from the nearest point of the  property  line  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00770-02-4
        A. 699--A                           2

     1  parcel  on which the school is located to the nearest point of the prop-
     2  erty line of the parcel on which the business is located.
     3    3.  Violations  of  this section shall be enforced pursuant to section
     4  thirteen hundred ninety-nine-ff of this article, except that any  person
     5  may  submit  a  complaint  to  an  enforcement  officer reporting that a
     6  violation of this section has occurred.
     7    § 2. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law.