Bill Text: NY S03536 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-05-30 - referred to health [S03536 Detail]

Download: New_York-2023-S03536-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3536

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation  to  prohibiting  the
          packaging,  sale  and distribution of confectionery and candy designed
          to resemble a tobacco product

          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-4 to read as follows:
     3    § 1399-mm-4. Packaging, sale  and  distribution  of  confectionery  or
     4  candy  product designed to resemble a tobacco product prohibited. 1. For
     5  the purposes of this section, the following terms shall have the follow-
     6  ing meanings:
     7    a. "Manufacture" shall mean the production,  preparation,  processing,
     8  packaging,  repackaging,  labeling  or  relabeling of a confectionery or
     9  candy product designed to resemble a tobacco product.
    10    b. "Markings" shall mean a simulated trademark, trade name, imprinting
    11  or other mark, or likeness thereof, of the manufacturer, distributor  or
    12  dispenser  of tobacco products or a simulated symbol or likeness thereof
    13  identifying a tobacco product or combination of such products.
    14    c. "Candy and confectionery"  shall  include  preparations  of  sugar,
    15  honey,  or  other  natural  or artificial sweeteners in combination with
    16  chocolate, fruits, nuts or other ingredients or flavorings in  the  form
    17  of,  but  not limited to, bars, drops, or pieces.  Examples of candy and
    18  confectionery include: candy bars; chocolates; fruit, nuts, and  popcorn
    19  covered  with  caramel,  chocolate,  honey,  sprinkles, or other similar
    20  coatings; honey-roasted nuts; chewing gum;  fudge;  maple  sugar  candy;
    21  candy  or  chocolate  covered  marshmallows in decorative shapes; mints;
    22  peanut brittle; cotton candy;  licorice;  dietetic  candy;  and  candied
    23  apples.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05066-01-3
        S. 3536                             2

     1    d.  "Confectionery  or  candy  product  designed to resemble a tobacco
     2  product" shall mean any confectionery or candy product made as a facsim-
     3  ile of a cigarette, pipe or cigar and is clearly designed to simulate or
     4  mimic a tobacco product, which includes, but is not limited to, candy or
     5  chocolate  cigarettes,  and  bubble gum cigars.  Evidence of representa-
     6  tions that the confectionery or candy product is a tobacco  product  may
     7  include,  but  is not limited to, oral or written representations by the
     8  manufacturer or seller, as the case may be, about the  confectionery  or
     9  candy  product  with  regard to: its packaging in a manner normally used
    10  for tobacco products, or markings on the confectionery or candy product.
    11    2. No person, firm, or corporation shall manufacture, sell or hold for
    12  sale confectionery or candy products which are made as a facsimile of  a
    13  cigarette, pipe or cigar and are clearly designed to simulate or mimic a
    14  tobacco product.
    15    3.  No  person,  firm, or corporation manufacturing or selling confec-
    16  tionery or candy  products  shall  use,  for  advertising  or  packaging
    17  purposes,  any  name,  symbol, device or other identifying mark which is
    18  similar to the name, symbol, device or mark used in advertising or  sale
    19  of a tobacco product.
    20    4.  No  other  provision  of law authorizing the sale of confectionery
    21  and/or candy products shall authorize the sale of  confectionery  and/or
    22  candy products designed to resemble a tobacco product.
    23    5.  This  section shall apply to confectionery and candy of all types,
    24  and similar products that are regarded as candy or confectionery,  based
    25  on their normal use or marketing.
    26    6.  Violation  of  the  provisions of this section shall be an offense
    27  subject to a civil fine of not less than one hundred dollars and no more
    28  than five hundred dollars.
    29    § 2. This act shall take effect on the first of January next  succeed-
    30  ing the date on which it shall have become a law.