Bill Text: NY S04496 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes no person shall sell or offer for sale in this state any cigarette or any component part thereof which contains a natural or artificial additive that causes such cigarette or its smoke to have a characterizing flavor.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S04496 Detail]

Download: New_York-2009-S04496-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4496
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by Sens. DUANE, FUSCHILLO -- 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 cigarettes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
    2  declares  that  there has been a proliferation of flavored cigarettes in
    3  recent years. Many of these products  have  fruit,  chocolate  or  other
    4  flavors  that  are  particularly  attractive  to  children. According to
    5  public health experts, children are more likely to choose flavored ciga-
    6  rettes when they start smoking, and thus the existence of these products
    7  increases the incidence of tobacco use among children.    Moreover,  the
    8  earlier  that  an  individual  begins smoking, the more likely he or she
    9  will become addicted to tobacco products  and  will  continue  to  smoke
   10  throughout  his or her lifetime. As a result, flavored cigarettes result
   11  in increased tobacco use, increased addiction, a  greater  incidence  of
   12  smoking-related  illnesses,  increased health care costs, and more smok-
   13  ing-related deaths. The legislature therefore finds  and  declares  that
   14  flavored  cigarettes  present a significant threat to public health, and
   15  that the sale of flavored cigarettes must be prohibited.
   16    S 2. Article 13-F of the public health law is amended by adding a  new
   17  section 1399-aaa to read as follows:
   18    S 1399-AAA. SALE OF FLAVORED CIGARETTES PROHIBITED. 1. NO PERSON SHALL
   19  SELL OR OFFER FOR SALE IN THIS STATE ANY CIGARETTE OR ANY COMPONENT PART
   20  THEREOF  (INCLUDING  BUT  NOT  LIMITED  TO  THE  TOBACCO, PAPER, ROLL OR
   21  FILTER), WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR  ADDITIVE
   22  THAT CAUSES SUCH CIGARETTE OR ITS SMOKE TO HAVE A CHARACTERIZING FLAVOR.
   23    2.  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE PHRASE "CHARACTERIZING
   24  FLAVOR" SHALL INCLUDE BUT NOT BE LIMITED TO ANY FRUIT, CHOCOLATE, VANIL-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00907-04-9
       S. 4496                             2
    1  LA, HONEY, CANDY, MINT, COCOA,  DESSERT,  ALCOHOLIC  BEVERAGE,  HERB  OR
    2  SPICE FLAVORING, BUT SHALL NOT INCLUDE TOBACCO, MENTHOL OR CLOVE.
    3    IN NO EVENT SHALL A CIGARETTE OR ANY COMPONENT PART THEREOF (INCLUDING
    4  BUT  NOT  LIMITED TO THE TOBACCO, PAPER, ROLL OR FILTER) BE CONSTRUED TO
    5  HAVE A CHARACTERIZING FLAVOR BASED SOLELY ON THE  USE  OF  ADDITIVES  OR
    6  FLAVORINGS, OR THE PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY
    7  MEANS.
    8    3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
    9  THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
   10  DOLLARS FOR EACH PACK OF SUCH CIGARETTES SOLD OR OFFERED FOR  SALE.    A
   11  MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIFTY THOU-
   12  SAND  DOLLARS  FOR EACH BRAND OR STYLE OF THAT MANUFACTURER'S CIGARETTES
   13  THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS
   14  SECTION ON  MORE  THAN  ONE  OCCASION  DURING  ANY  THIRTY  DAY  PERIOD.
   15  VIOLATIONS OF THIS SECTION SHALL BE ENFORCED IN THE SAME MANNER PROVIDED
   16  IN  SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT
   17  ANY PERSON MAY SUBMIT A COMPLAINT  TO  AN  ENFORCEMENT  OFFICER  THAT  A
   18  VIOLATION OF THIS SECTION HAS OCCURRED.
   19    S  3. This act shall take effect on the one hundred fiftieth day after
   20  it shall have become a law.