Bill Text: NY S07174 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits any cannabis related advertisements in establishments within a certain distance from schools; increases penalties for prohibited advertisement of tobacco and cannabis products; requires enforcement inspections.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S07174 Detail]

Download: New_York-2023-S07174-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7174

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- 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 public display  or
          advertisements of cannabis products

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1399-dd-1 of the public health  law,  as  added  by
     2  section  13  of part EE of chapter 56 of the laws of 2020, is amended to
     3  read as follows:
     4    § 1399-dd-1. Public display of tobacco product  and  electronic  ciga-
     5  rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
     6  purposes of this section:
     7    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
     8  graphics or visual images of any kind, or any combination thereof, which
     9  bear a health warning required by federal statute, the purpose or effect
    10  of  which  is to identify a brand of a tobacco product, electronic ciga-
    11  rette, or vapor product intended or reasonably expected to be used  with
    12  or  for  the  consumption of nicotine, a trademark of a tobacco product,
    13  electronic cigarette, or vapor product intended or  reasonably  expected
    14  to  be  used  with or for the consumption of nicotine [or], a trade name
    15  associated exclusively with a tobacco product, electronic cigarette,  or
    16  vapor product intended or reasonably expected to be used with or for the
    17  consumption of nicotine or to promote the use or sale of a tobacco prod-
    18  uct,  electronic  cigarette,  or  vapor  product  intended or reasonably
    19  expected to be used with or for the consumption of nicotine,  or  words,
    20  pictures,  photographs,  symbols, graphics or visual images of any kind,
    21  or any combination thereof which are associated  with  cannabis  use  or
    22  cannabis  products  as  defined in section three of the cannabis law and
    23  which are intended or reasonably expected to promote the  sale  of  such
    24  products.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10880-03-3
        S. 7174                             2

     1    (b)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
     2  ing papers, electronic cigarette, vaporizer or any other device,  equip-
     3  ment or apparatus designed for the inhalation of tobacco or nicotine.
     4    (c)  "Vapor  product"  means  any vapor product, as defined by section
     5  thirteen hundred ninety-nine-aa of this article, intended or  reasonably
     6  expected to be used with or for the consumption of nicotine.
     7    (d)  "Tobacco  products" shall have the same meaning as in subdivision
     8  five of section thirteen hundred ninety-nine-aa of this article.
     9    (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
    10  sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
    11  cle.
    12    2. (a) No person, corporation, partnership, sole  proprietor,  limited
    13  partnership,  association  or any other business entity may place, cause
    14  to be placed, maintain or to cause to be maintained,  smoking  parapher-
    15  nalia  or  advertisements for any tobacco product, electronic cigarette,
    16  or vapor product intended or reasonably expected to be used with or  for
    17  the consumption of nicotine [advertisements] in a store front or exteri-
    18  or window or any door which is used for entry or egress by the public to
    19  the  building  or  structure  containing  a place of business within one
    20  thousand five hundred feet of a school, provided that  within  New  York
    21  city  such  prohibitions  shall only apply within five hundred feet of a
    22  school.
    23    (b) Any person, corporation,  partnership,  sole  proprietor,  limited
    24  partnership,  association  or  any other business entity in violation of
    25  this section shall be subject to a civil penalty of not more  than  five
    26  [hundred] thousand dollars for a first violation and not more than [one]
    27  ten thousand dollars for a second or subsequent violation.
    28    3.  An  enforcement  officer,  or  the department where no enforcement
    29  officer has been designated, shall conduct random inspections on a quar-
    30  terly basis of each retail dealer licensed to sell  cigarettes,  tobacco
    31  products,  or vapor products at establishments located within the juris-
    32  diction of such enforcement officer or office, to  determine  compliance
    33  with the provisions of this section.
    34    §  2.  This  act shall take effect on the thirtieth day after it shall
    35  have become a law.