Bill Text: NY A08808 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2020-10-07 - print number 8808b [A08808 Detail]
Download: New_York-2019-A08808-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8808--B 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___________ Introduced by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT, GRIFFIN, JEAN-PIERRE, SEAWRIGHT, DICKENS, SIMON, JAFFEE, EPSTEIN, GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once and referred to the Committee on Health -- recommitted to the Commit- tee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13933-08-0A. 8808--B 2 1 3. Any tobacco business, firm, partnership, association, limited 2 liability company, corporation, or other entity licensed pursuant to 3 article twenty of the tax law that violates the provisions of this 4 section shall be subject to a civil fine of not more than five hundred 5 dollars. Complaints alleging violations of this section may be submit- 6 ted to personnel designated pursuant to section thirteen hundred nine- 7 ty-nine-ff of this article, except that such complaints may be submitted 8 by any person. 9 4. Notwithstanding any law to the contrary, no enforcement agent, 10 police officer, peace officer or other law enforcement officer may stop, 11 question, search or arrest any person: (a) on grounds of or in relation 12 to possession, consumption or purchase of any product subject to this 13 section; or (b) for the purpose of inquiring or determining how or from 14 what person or entity the person obtained any product subject to this 15 section. 16 § 2. This act shall take effect on the ninetieth day after it shall 17 have become a law. Effective immediately, the addition, amendment 18 and/or repeal of any rule or regulation necessary for the implementation 19 of this act on its effective date are authorized to be made and 20 completed on or before such effective date.
