senate Bill S385A

Requires cigarette manufacturer to disclose chemical additives in cigarettes

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HEALTH
  • 23 / Dec / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 23 / Dec / 2011
    • PRINT NUMBER 385A
  • 04 / Jan / 2012
    • REFERRED TO HEALTH

Summary

Requires manufacturers of cigarettes sold or distributed in the state to disclose additives used in the manufacture of cigarettes and to identify those substances which have been determined to be toxic; provisions made for the health department to investigate the health risks associated with exposure to added constituents, toxic constituents and nicotine and shall develop standards to reduce risks; establishes civil penalty for violations; makes related provisions.

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Bill Details

Versions:
S385
S385A
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-F §1399-mm-1, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S3586

Sponsor Memo

BILL NUMBER:S385A

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring cigarette
manufacturers to disclose the
chemical substances used in the manufacture of cigarettes

PURPOSE OR GENERAL IDEA OF BILL:
To acknowledge the public's right to know the chemical substances used
in cigarettes and what toxic effects, if any, these additives have
been found to have.

To acknowledge the public's right to in cigarettes and what toxic
effects, found to have.

SUMMARY OF PROVISIONS:
Any manufacturer of cigarettes or chewing tobacco sold within NYS must
provide the Commissioner of Health with an annual report stating the
complete and up-to-date list of added substances used in the
manufacture of such cigarettes.

The department shall investigate the health risks associated with
these added substances and shall develop standards for the
manufacturers to reduce risks from exposure to these additives. Any
information which will reduce risks to the public's health will be
made public.

Violations of this article may be punishable by a fine of up to
$10,000 for each violation.

JUSTIFICATION:
The New York State "Right to Know" law was enacted in 1980 to insure
that workers would know of any potentially dangerous toxic substances
which they may encounter in the workplace. It has been and continues
to be the legislature's policy that New Yorkers have the right to
know about potentially harmful substances to which they may be
exposed.
Constituents of tobacco smoke include over 4600 chemicals, most of
which we have little information about. Known carcinogens found in
tobacco smoke include: PAH, N-nitrosamines, arylamines, phenols,
hydrogen cyanide, acrolein and acetaldehyde. These chemicals, as well
as other substances added in the manufacture of cigarettes, must be
examined to determine their toxicity not only to smokers; but to
everyone who is exposed to second hand smoke.

LEGISLATIVE HISTORY:
2009-2010: S.3586/A.2233

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.


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

                                 385--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, PARKER, SERRANO,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Health  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation  to  requiring  ciga-
  rette  manufacturers  to  disclose the chemical substances used in the
  manufacture of cigarettes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative findings. It has been the policy of the state
to guarantee and facilitate the public right to know  concerning  health
risks  that  may  be  encountered  from manufactured products and at the
workplace. The legislature finds that literally  thousands  of  chemical
substances  are  routinely  utilized in the manufacture of cigarettes as
burn retardants, preservatives, flavor enhancers and for other aesthetic
purposes and that such chemicals may have toxic effects for both smokers
and nonsmokers. Therefore, the legislature further finds that the public
has a right to know the chemical substances used in the  manufacture  of
cigarettes  and  what  toxic  effects, if any, these additives have been
found to have or are suspected of having.
  S 2. Article 13-F of the public health law is amended by adding a  new
section 1399-mm-1 to read as follows:
  S  1399-MM-1. DISCLOSURE BY MANUFACTURERS OF TOBACCO PRODUCTS. 1.  FOR
THE PURPOSE OF PROTECTING THE PUBLIC HEALTH, ANY MANUFACTURER  OF  CIGA-
RETTES,  SNUFF  OR  CHEWING TOBACCO SOLD IN THIS STATE SHALL PROVIDE THE
DEPARTMENT WITH AN ANNUAL REPORT, IN A FORM AND AT A TIME  SPECIFIED  BY
THE  DEPARTMENT,  WHICH  LISTS  FOR  EACH BRAND OF SUCH PRODUCT SOLD THE
FOLLOWING INFORMATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01731-02-1

S. 385--A                           2

  (A) THE IDENTITY OF ANY ADDED CONSTITUENT OTHER THAN TOBACCO OR  WATER
INCLUDING  RECONSTITUTED  TOBACCO  SHEET MADE WHOLLY FROM TOBACCO, TO BE
LISTED IN DESCENDING ORDER ACCORDING TO WEIGHT,  MEASURE,  OR  NUMERICAL
COUNT;
  (B)  THE  NICOTINE YIELD RATINGS, WHICH SHALL ACCURATELY PREDICT NICO-
TINE INTAKE FOR AVERAGE CONSUMERS, BASED ON STANDARDS TO BE  ESTABLISHED
BY THE DEPARTMENT; AND
  (C)  THE IDENTITY AND WEIGHT OF TOXIC CONSTITUENTS IN THE WHOLE TOBAC-
CO, AND FOR CIGARETTES THE IDENTITY AND WEIGHT OF TOXIC CONSTITUENTS  IN
THE  MAINSTREAM  SMOKE  AND SIDESTREAM SMOKE AND A TOXICITY YIELD RATING
BASED ON STANDARDS TO BE ESTABLISHED BY THE DEPARTMENT.
  THE DEPARTMENT SHALL INVESTIGATE HEALTH RISKS ASSOCIATED WITH EXPOSURE
TO ADDED CONSTITUENTS, TOXIC CONSTITUENTS AND NICOTINE AND SHALL DEVELOP
STANDARDS FOR MANUFACTURERS TO REDUCE RISKS ASSOCIATED WITH EXPOSURE  TO
ADDED CONSTITUENTS, TOXIC CONSTITUENTS, AND NICOTINE.
  2. THE NICOTINE YIELD RATINGS SO PROVIDED, AND ANY OTHER SUCH INFORMA-
TION  IN  THE ANNUAL REPORTS WITH RESPECT TO WHICH THE DEPARTMENT DETER-
MINES THAT THERE IS REASONABLE SCIENTIFIC BASIS FOR CONCLUDING THAT  THE
AVAILABILITY  OF  SUCH  INFORMATION COULD REDUCE RISKS TO PUBLIC HEALTH,
SHALL BE PUBLIC RECORDS AND AVAILABLE TO  THE  PUBLIC  PURSUANT  TO  THE
PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  3. ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, NO PERSON, FIRM,
OR  CORPORATION  ENGAGED  IN THE MANUFACTURE OF CIGARETTES SHALL SELL OR
OFFER FOR SALE IN THIS STATE ANY CIGARETTES, SNUFF  OR  CHEWING  TOBACCO
FOR  WHICH  THE  INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION
HAS NOT BEEN PROVIDED PURSUANT THERETO.
  4. WHERE A VIOLATION OF THIS ARTICLE IS ALLEGED TO HAVE OCCURRED,  THE
ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
YORK  TO  THE  SUPREME  COURT OF NEW YORK ON NOTICE OF FIVE DAYS, FOR AN
ORDER COMPELLING COMPLIANCE WITH THIS ARTICLE. IN  ANY  SUCH  PROCEEDING
THE  COURT  MAY  IMPOSE  A  CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED TEN
THOUSAND DOLLARS FOR EACH VIOLATION.
  5. THE COMMISSIONER SHALL ANNUALLY PREPARE AND PUBLISH A REPORT  BASED
UPON  THE  INFORMATION  RECEIVED  BY  THE  DEPARTMENT  PURSUANT  TO THIS
SECTION, INDICATING THE RELATIVE LEVELS OF ADDED CONSTITUENTS AND  RELA-
TIVE  NICOTINE  YIELD  RATINGS OF BRANDS OF CIGARETTES, SNUFF OR CHEWING
TOBACCO SOLD IN THIS STATE. SUCH REPORT SHALL  ALSO  INDICATE  WHICH  OF
SUCH  CONSTITUENTS  ARE  KNOWN  TO  BE  TOXIC, DESCRIPTIONS OF THE TOXIC
EFFECTS, AND THE CIRCUMSTANCES UNDER WHICH SUCH EFFECTS ARE PRODUCED.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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