Bill Text: NY S06285 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the prohibition of the sale of flavored little cigars and cigarillos.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-09 - REFERRED TO HEALTH [S06285 Detail]
Download: New_York-2013-S06285-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6285 I N S E N A T E January 9, 2014 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the tax law, in relation to the prohibition of the sale of flavored little cigars 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 S 1399-CC-1. SALE OF FLAVORED LITTLE CIGARS AND CIGARILLOS PROHIBITED. 4 1. NO PERSON SHALL KNOWINGLY SELL OR PROVIDE TO ANY OTHER PERSON UNDER 5 EIGHTEEN YEARS OF AGE ANY LITTLE CIGAR, AS DEFINED IN SUBDIVISION TWO-B 6 OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, OR CIGARILLO, AS DEFINED 7 IN SUBDIVISION TWO-C OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, 8 WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR ADDITIVE THAT 9 CAUSES SUCH LITTLE CIGAR OR CIGARILLO OR ITS SMOKE TO HAVE A CHARACTER- 10 IZING FLAVOR. NO OTHER PROVISION OF LAW AUTHORIZING THE SALE OF TOBACCO 11 PRODUCTS, OTHER THAN SUBDIVISION THREE OF THIS SECTION, SHALL AUTHORIZE 12 THE SALE OF FLAVORED LITTLE CIGARS OR CIGARILLOS. ANY PERSON WHO 13 VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A CIVIL 14 PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS. 15 2. FOR THE PURPOSES OF THIS SECTION, THE PHRASE "CHARACTERIZING 16 FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING BUT NOT 17 LIMITED TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA, DESSERT, 18 ALCOHOLIC BEVERAGE, HERB OR SPICE FLAVORING, BUT SHALL NOT INCLUDE 19 TOBACCO, MENTHOL, MINT OR WINTERGREEN. A LITTLE CIGAR OR CIGARILLO WILL 20 BE DEEMED TO HAVE A CHARACTERIZING FLAVOR IF IT OR ANY COMPONENT PART 21 THEREOF IS ADVERTISED OR MARKETED AS HAVING OR PRODUCING A FLAVOR, TASTE 22 OR AROMA OTHER THAN TOBACCO, MENTHOL, MINT OR WINTERGREEN. 23 3. (A) THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT 24 APPLY TO A RETAIL TOBACCO BUSINESS, AS DEFINED IN SUBDIVISION SEVEN OF 25 SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS CHAPTER, PROVIDED SUCH 26 BUSINESS DOES NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD. 27 (B) ANY PERSON OPERATING A RETAIL TOBACCO BUSINESS WHEREIN FLAVORED 28 LITTLE CIGARS OR CIGARILLOS ARE SOLD OR OFFERED FOR SALE IS PROHIBITED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13190-02-3 S. 6285 2 1 FROM SELLING SUCH FLAVORED LITTLE CIGARS OR CIGARILLOS TO INDIVIDUALS 2 UNDER EIGHTEEN YEARS OF AGE, AND SHALL POST IN A CONSPICUOUS PLACE A 3 SIGN UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT, "SALE 4 OF FLAVORED LITTLE CIGARS OR CIGARILLOS TO PERSONS UNDER EIGHTEEN YEARS 5 OF AGE IS PROHIBITED BY LAW." SUCH SIGN SHALL BE PRINTED ON A WHITE CARD 6 IN RED LETTERS AT LEAST ONE-HALF INCH IN HEIGHT. 7 (C) SALES OF FLAVORED LITTLE CIGARS OR CIGARILLOS BY A RETAIL TOBACCO 8 BUSINESS SHALL BE MADE ONLY TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH A 9 DRIVER'S LICENSE OR OTHER PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A 10 GOVERNMENT ENTITY OR EDUCATIONAL INSTITUTION INDICATING THAT THE INDI- 11 VIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH IDENTIFICATION NEED NOT 12 BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE AT LEAST 13 TWENTY-FIVE YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL 14 NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF A TOBAC- 15 CO PRODUCT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE. 16 (D)(I) ANY PERSON OPERATING A RETAIL TOBACCO BUSINESS WHEREIN FLAVORED 17 LITTLE CIGARS OR CIGARILLOS ARE SOLD OR OFFERED FOR SALE MAY PERFORM A 18 TRANSACTION SCAN AS A PRECONDITION FOR SUCH PURCHASES. 19 (II) IN ANY INSTANCE WHERE THE INFORMATION DECIPHERED BY THE TRANS- 20 ACTION SCAN FAILS TO MATCH THE INFORMATION PRINTED ON THE DRIVER'S 21 LICENSE OR NON-DRIVER IDENTIFICATION CARD, OR IF THE TRANSACTION SCAN 22 INDICATES THAT THE INFORMATION IS FALSE OR FRAUDULENT, THE ATTEMPTED 23 TRANSACTION SHALL BE DENIED. 24 (III) IN ANY PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED 25 NINETY-NINE-EE OF THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT 26 SUCH PERSON HAD PRODUCED A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION 27 CARD APPARENTLY ISSUED BY A GOVERNMENTAL ENTITY, SUCCESSFULLY COMPLETED 28 THAT TRANSACTION SCAN, AND THAT THE FLAVORED LITTLE CIGAR OR CIGARILLO 29 HAD BEEN SOLD, DELIVERED OR GIVEN TO SUCH PERSON IN REASONABLE RELIANCE 30 UPON SUCH IDENTIFICATION AND TRANSACTION SCAN. IN EVALUATING THE APPLI- 31 CABILITY OF SUCH AFFIRMATIVE DEFENSE THE COMMISSIONER SHALL TAKE INTO 32 CONSIDERATION ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER 33 TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER. USE OF A TRANSACTION SCAN 34 SHALL NOT EXCUSE ANY PERSON OPERATING A RETAIL TOBACCO BUSINESS WHEREIN 35 FLAVORED LITTLE CIGARS OR CIGARILLOS ARE SOLD, OR THE AGENT OR EMPLOYEE 36 OF SUCH PERSON, FROM THE EXERCISE OF REASONABLE DILIGENCE OTHERWISE 37 REQUIRED BY THIS CHAPTER. NOTWITHSTANDING THE ABOVE PROVISIONS, ANY SUCH 38 AFFIRMATIVE DEFENSE SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL 39 PROCEEDING, OR IN ANY OTHER FORUM. 40 (E) A RETAIL TOBACCO BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS 41 SHALL ONLY USE A DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READ- 42 ABLE FORMAT, AND SHALL ONLY USE THE INFORMATION RECORDED AND MAINTAINED 43 THROUGH THE USE OF SUCH DEVICES, FOR THE PURPOSES CONTAINED IN PARAGRAPH 44 (D) OF THIS SUBDIVISION. NO RETAIL TOBACCO BUSINESS OR AGENT OR EMPLOYEE 45 OF SUCH BUSINESS SHALL RESELL OR DISSEMINATE THE INFORMATION RECORDED 46 DURING SUCH A SCAN TO ANY THIRD PERSON. SUCH PROHIBITED RESALE OR 47 DISSEMINATION INCLUDES BUT IS NOT LIMITED TO ANY ADVERTISING, MARKETING 48 OR PROMOTIONAL ACTIVITIES. NOTWITHSTANDING THE RESTRICTIONS IMPOSED BY 49 THIS PARAGRAPH, SUCH RECORDS MAY BE RELEASED PURSUANT TO A COURT ORDERED 50 SUBPOENA OR PURSUANT TO ANY OTHER STATUTE THAT SPECIFICALLY AUTHORIZES 51 THE RELEASE OF SUCH INFORMATION. EACH VIOLATION OF THIS PARAGRAPH SHALL 52 BE PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS. 53 (F) A RETAIL TOBACCO BUSINESS OR AGENT OR EMPLOYEE OF SUCH BUSINESS 54 MAY ELECTRONICALLY OR MECHANICALLY RECORD AND MAINTAIN ONLY THE INFORMA- 55 TION FROM A TRANSACTION SCAN NECESSARY TO EFFECTUATE THIS SECTION. SUCH 56 INFORMATION SHALL BE LIMITED TO THE FOLLOWING: (I) NAME, (II) DATE OF S. 6285 3 1 BIRTH, (III) DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION NUMBER, AND 2 (IV) EXPIRATION DATE. 3 (G) AS USED IN THIS SUBDIVISION, "A DEVICE CAPABLE OF DECIPHERING ANY 4 ELECTRONICALLY READABLE FORMAT", "CARD HOLDER" AND "TRANSACTION SCAN" 5 SHALL HAVE THE SAME MEANINGS AS ARE ASCRIBED TO SUCH TERMS BY SECTION 6 THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE. 7 S 2. Subdivision 2 of section 470 of the tax law, as amended by 8 section 15 of part D of chapter 134 of the laws of 2010, is amended and 9 a new subdivision 2-c is added to read as follows: 10 2. "Tobacco products." Any cigar, including a little cigar OR CIGARIL- 11 LO, or tobacco, other than cigarettes, intended for consumption by smok- 12 ing, chewing, or as snuff. 13 2-C. "CIGARILLO." ANY ROLL FOR SMOKING MADE WHOLLY OR IN PART OF 14 TOBACCO IF SUCH PRODUCT IS WRAPPED IN ANY SUBSTANCE CONTAINING TOBACCO, 15 OTHER THAN NATURAL LEAF TOBACCO WRAPPER, AND WEIGHING NOT MORE THAN 16 SEVEN POUNDS PER THOUSAND, REGARDLESS IF SUCH PRODUCT CONTAINS A CELLU- 17 LOSE ACETATE OR OTHER INTEGRATED FILTER, OR AN ADDED TIP OF ANY OTHER 18 MATERIAL. 19 S 3. Subdivision 19 of section 470 of the tax law, as amended by 20 section 17 of part D of chapter 134 of the laws of 2010, is amended to 21 read as follows: 22 19. "Cigar." Any roll of tobacco wrapped in leaf tobacco or in any 23 substance containing tobacco (other than any roll of tobacco that is a 24 cigarette as defined in subdivision one of this section). "Cigar" shall 25 include, except where expressly excluded, any little cigar OR CIGARILLO. 26 S 4. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law.