Bill Text: NY A04787 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the sale of certain flavored tobacco and electronic cigarette products; imposes civil penalties for violations thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-28 - enacting clause stricken [A04787 Detail]

Download: New_York-2019-A04787-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4787
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Health
        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale of certain flavored tobacco and electronic cigarette products
          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-mm-l to read as follows:
     3    §  1399-mm-l.  Flavored tobacco products and flavored electronic ciga-
     4  rette fluid prohibited. 1. No electronic cigarette, fluid  or  component
     5  thereof;  no  smokeless  tobacco  product  or  component thereof; and no
     6  tobacco product meant for hookah or component thereof made for  sale  in
     7  the state of New York shall contain, as a constituent (including a smoke
     8  constituent)  or  additive: and artificial or natural flavor (other than
     9  tobacco or menthol) or an herb or spice,  including  strawberry,  grape,
    10  orange,  clove,  cinnamon, pineapple, vanilla, coconut, licorice, cocoa,
    11  chocolate, cherry, or coffee, that is a  characterizing  flavor  of  the
    12  tobacco product or electronic cigarette product.
    13    2.  The  commission  may  impose  a civil penalty of no less than five
    14  thousand dollars and no more than twenty-five  thousand  dollars  for  a
    15  first  offense  for  any retail establishment or internet based business
    16  found to be in violation of subdivision one of this section. The commis-
    17  sioner may impose a civil penalty of no less than ten  thousand  dollars
    18  and  no  more  than  thirty  thousand dollars for a second or subsequent
    19  violation within three years following a prior finding of violation.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06557-01-9