Bill Text: NY A08808 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8808--A

                               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

        AN  ACT  to  amend the public health law, in relation to prohibiting the
          sale and distribution 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. Sale and distribution of flavored  tobacco  products  and
     4  accessories  prohibited.  1.  For the purposes of this section, the term
     5  "characterizing flavor" shall mean a  distinguishable  taste  or  aroma,
     6  other  than  the  taste or aroma of tobacco, imparted either prior to or
     7  during consumption of a tobacco product, including but not  limited  to,
     8  tastes  or  aromas  relating  to  any  fruit, chocolate, vanilla, honey,
     9  candy, cocoa, dessert,  alcoholic  beverage,  mint,  wintergreen,  herb,
    10  spice,  or  menthol, or any concept flavor that imparts a taste or aroma
    11  that is distinguishable from tobacco flavor but may not  relate  to  any
    12  particular known flavor.
    13    2. No person, firm, partnership, association, limited liability compa-
    14  ny, corporation, or other entity shall sell, offer for sale, or distrib-
    15  ute  tobacco  products  with a characterizing flavor or accessories that
    16  impart a characterizing flavor to a tobacco product in this state.
    17    3. Any  person,  firm,  partnership,  association,  limited  liability
    18  company,  corporation,  or  other  entity other than a manufacturer that
    19  violates the provisions of this section shall be subject to  a  fine  of
    20  not more than one hundred dollars for each individual tobacco product or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13933-03-0
        A. 8808--A                          2

     1  accessory  with a characterizing flavor that is found to have been sold,
     2  offered for sale,  or  distributed  in  violation  of  this  section.  A
     3  manufacturer  shall  be  subject  to a civil penalty not to exceed fifty
     4  thousand  dollars for each brand or style of such manufacturer's tobacco
     5  products or accessories that is found to have  been  sold,  offered  for
     6  sale, or distributed in violation of this section on more than one occa-
     7  sion  during any thirty day period, provided, however, that with respect
     8  to a manufacturer, it shall be an affirmative defense to a finding of  a
     9  violation  pursuant  to  this  section that such sale, offer of sale, or
    10  distribution, as applicable, occurred without  the  knowledge,  consent,
    11  authorization and involvement, direct or indirect, of such manufacturer.
    12  Violations  of  this section shall be enforced pursuant to section thir-
    13  teen hundred ninety-nine-ff of this article, except that any person  may
    14  submit  a  complaint  to an enforcement officer that a violation of this
    15  section has occurred.
    16    4. Notwithstanding any law to  the  contrary,  no  enforcement  agent,
    17  police officer, peace officer or other law enforcement officer may stop,
    18  question,  search or arrest any person: (a) on grounds of or in relation
    19  to possession, consumption or purchase of any product  subject  to  this
    20  section;  or (b) for the purpose of inquiring or determining how or from
    21  what person or entity the person obtained any product  subject  to  this
    22  section.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.    Effective  immediately,  the  addition,  amendment
    25  and/or repeal of any rule or regulation necessary for the implementation
    26  of  this  act  on  its  effective  date  are  authorized  to be made and
    27  completed on or before such effective date.