Bill Text: NY A04932 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the sale of any vapor or tobacco products containing the substance N-Ethyl-p-menthane-3-carboxamide, which creates a cooling sensation similar to menthol.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A04932 Detail]

Download: New_York-2023-A04932-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4932

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          sale  of  any  vapor  or  tobacco  products  containing  the substance
          N-Ethyl-p-menthane-3-carboxamide

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 1399-mm-1 of the public health
     2  law, as added by section 1 of part EE of chapter 56 of the laws of 2020,
     3  is amended to read as follows:
     4    1. (a) For the purposes of this  section  "flavored"  shall  mean  any
     5  vapor product intended or reasonably expected to be used with or for the
     6  consumption  of  nicotine,  with a distinguishable taste or aroma, other
     7  than the taste or aroma of tobacco, imparted either prior to  or  during
     8  consumption  of  such product or a component part thereof, including but
     9  not limited to tastes or aromas:
    10    (i) relating to any fruit, chocolate, vanilla,  honey,  candy,  cocoa,
    11  dessert,  alcoholic beverage, mint, wintergreen, menthol, herb or spice,
    12  or any concept flavor that imparts a taste or aroma that is distinguish-
    13  able from tobacco flavor but may not  relate  to  any  particular  known
    14  flavor; or
    15    (ii)  resulting from the addition of the substance N-Ethyl-p-menthane-
    16  3-carboxamide.
    17    (b) A vapor product intended or reasonably expected to be used with or
    18  for the consumption of nicotine, shall be presumed to be flavored  if  a
    19  product's  retailer, manufacturer, or a manufacturer's agent or employee
    20  has made a statement or claim  directed  to  consumers  or  the  public,
    21  whether  expressed or implied, that such product or device has a distin-
    22  guishable taste or aroma other than the taste or aroma of tobacco.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08206-01-3