S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   248

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. 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:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that there has been a proliferation of flavored  cigarettes  in
recent  years.  Many  of  these  products have fruit, chocolate or other
flavors that are  particularly  attractive  to  children.  According  to
public health experts, children are more likely to choose flavored ciga-
rettes when they start smoking, and thus the existence of these products
increases  the  incidence  of tobacco use among children.  Moreover, the
earlier that an individual begins smoking, the more  likely  he  or  she
will  become  addicted  to  tobacco  products and will continue to smoke
throughout his or her lifetime. As a result, flavored cigarettes  result
in  increased  tobacco  use, increased addiction, a greater incidence of
smoking-related illnesses, increased health care costs, and  more  smok-
ing-related  deaths.  The  legislature therefore finds and declares that
flavored cigarettes present a significant threat to public  health,  and
that the sale of flavored cigarettes must be prohibited.
  S  2. Article 13-F of the public health law is amended by adding a new
section 1399-aaa to read as follows:
  S 1399-AAA. SALE OF FLAVORED CIGARETTES PROHIBITED. 1. NO PERSON SHALL
SELL OR OFFER FOR SALE IN THIS STATE ANY CIGARETTE OR ANY COMPONENT PART
THEREOF (INCLUDING BUT NOT  LIMITED  TO  THE  TOBACCO,  PAPER,  ROLL  OR
FILTER),  WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR ADDITIVE
THAT CAUSES SUCH CIGARETTE OR ITS SMOKE TO HAVE A CHARACTERIZING FLAVOR.
  2. FOR THE  PURPOSES  OF  THIS  SECTION,  THE  PHRASE  "CHARACTERIZING
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.
              

                                                           LBD00907-01-9

S. 248                              2

LA,  HONEY,  CANDY,  MINT,  COCOA,  DESSERT, ALCOHOLIC BEVERAGE, HERB OR
SPICE FLAVORING, BUT SHALL NOT INCLUDE TOBACCO, MENTHOL OR CLOVE.
  IN NO EVENT SHALL A CIGARETTE OR ANY COMPONENT PART THEREOF (INCLUDING
BUT  NOT  LIMITED TO THE TOBACCO, PAPER, ROLL OR FILTER) BE CONSTRUED TO
HAVE A CHARACTERIZING FLAVOR BASED SOLELY ON THE  USE  OF  ADDITIVES  OR
FLAVORINGS, OR THE PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY
MEANS.
  3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS  SECTION  SHALL  BE  SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS FOR EACH PACK OF SUCH CIGARETTES SOLD OR OFFERED FOR  SALE.    A
MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIFTY THOU-
SAND  DOLLARS  FOR EACH BRAND OR STYLE OF THAT MANUFACTURER'S CIGARETTES
THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN VIOLATION OF THIS
SECTION ON  MORE  THAN  ONE  OCCASION  DURING  ANY  THIRTY  DAY  PERIOD.
VIOLATIONS OF THIS SECTION SHALL BE ENFORCED IN THE SAME MANNER PROVIDED
IN  SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT
ANY PERSON MAY SUBMIT A COMPLAINT  TO  AN  ENFORCEMENT  OFFICER  THAT  A
VIOLATION OF THIS SECTION HAS OCCURRED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.