Bill Text: NY A03907 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the retail sale of flavored tobacco products and accessories; imposes a fine of not more than five hundred dollars for each infraction.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced) 2024-01-03 - referred to health [A03907 Detail]

Download: New_York-2023-A03907-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3907

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by  M.  of  A. BICHOTTE HERMELYN, L. ROSENTHAL, JEAN-PIERRE,
          SEAWRIGHT, DICKENS, SIMON, EPSTEIN, DINOWITZ, GLICK, STECK,  JACOBSON,
          MEEKS, ZINERMAN, JACKSON -- read once and referred to the Committee on
          Health

        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
    21  article twenty of the tax law  that  violates  the  provisions  of  this
    22  section  shall  be subject to a civil fine of not more than five hundred
    23  dollars.  Complaints alleging violations of this section may be  submit-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02207-01-3
        A. 3907                             2

     1  ted  to  personnel designated pursuant to section thirteen hundred nine-
     2  ty-nine-ff of this article, except that such complaints may be submitted
     3  by any person.
     4    4.  Notwithstanding  any  law  to  the contrary, no enforcement agent,
     5  police officer, peace officer or other law enforcement officer may stop,
     6  question, search or arrest any person: (a) on grounds of or in  relation
     7  to  possession,  consumption  or purchase of any product subject to this
     8  section; or (b) for the purpose of inquiring or determining how or  from
     9  what  person  or  entity the person obtained any product subject to this
    10  section.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a  law.    Effective  immediately, the addition, amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of this act on  its  effective  date  are  authorized  to  be  made  and
    15  completed on or before such date.