Bill Text: NY S04477 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-26 - PRINT NUMBER 4477A [S04477 Detail]

Download: New_York-2023-S04477-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4477

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 9, 2023
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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
          sale  of  flavored  smokeless  tobacco  within  five hundred feet of a
          public or private school

          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 of flavored smokeless tobacco; restrictions. 1.   No
     4  flavored  smokeless tobacco product or component may be sold within five
     5  hundred feet of any public or  private  school.  For  purposes  of  this
     6  subdivision, the term "flavored smokeless tobacco" shall mean any smoke-
     7  less  tobacco  product  containing,  made of, or derived from tobacco or
     8  nicotine that is intended to be placed by the consumer in an oral cavity
     9  and contains a constituent that imparts a characterizing flavor. For the
    10  purposes of this section, the term "characterizing flavor" shall mean  a
    11  distinguishable  taste or aroma, other than the taste or aroma of tobac-
    12  co, imparted either prior to or during consumption of a tobacco product,
    13  including but not limited to, tastes or aromas relating  to  any  fruit,
    14  chocolate,  vanilla,  honey,  candy, cocoa, dessert, alcoholic beverage,
    15  mint, wintergreen, herb, spice, or menthol, or any concept  flavor  that
    16  imparts a taste or aroma that is distinguishable from tobacco flavor but
    17  may not relate to any particular known flavor.
    18    2. The measurements in subdivision one of this section are to be taken
    19  in  straight  lines  from  the nearest point of the property line of the
    20  parcel on which the school is located to the nearest point of the  prop-
    21  erty line of the parcel on which the business is located.
    22    3.  Violations  of  this section shall be enforced pursuant to section
    23  thirteen hundred ninety-nine-ff of this article, except that any  person
    24  may  submit  a  complaint  to  an  enforcement  officer reporting that a
    25  violation of this section has occurred.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00770-01-3