senate Bill S616

Amended

Relates to candy and other food products packaged as tobacco products

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Co-Sponsors

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 CONSUMER PROTECTION
  • 23 / Feb / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
  • 28 / Mar / 2011
    • REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 17 / May / 2011
    • AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 17 / May / 2011
    • PRINT NUMBER 616A
  • 24 / May / 2011
    • 1ST REPORT CAL.800
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

Prohibits the sale or offering for sale at retail of candy or other food products packaged or shaped to emulate or resemble tobacco products; violations of such provisions shall constitute a violation as defined in the penal law.

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Bill Details

See Assembly Version of this Bill:
A1372
Versions:
S616
S616A
Legislative Cycle:
2011-2012
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S6456, A9922

Votes

5
0
5
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details

Sponsor Memo

BILL NUMBER:S616

TITLE OF BILL:
An act
to amend the general business law, in relation to candy and
food products
packaged as
tobacco products or drug paraphernalia

PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the sale of candy and
other food products that may be attractive to or marketed to
children, but which are packaged to resemble tobacco products, such
as cigarettes, cigars, snuff, or chewing tobacco or various forms of
drug paraphernalia. A violation of this offense shall constitute a
"violation" as defined in the penal law.

SUMMARY OF PROVISIONS:

Section 1: Adds General Business Law section 399-i to prohibit the sale
of candy or other food products in New York that are packaged to lock
like any type of tobacco product or drug paraphernalia. A violation
of this section of law shall constitute a violation and be punishable
by a fine of no more than $250.00 or a jail term not to exceed 15 days.

JUSTIFICATION:
There are a number of candy items and other food
products, such as beef jerky, which are being marketed to and sold to
minors that resemble tobacco products such as cigarettes, snuff, and
chewing tobacco. The sale of these food products to children could
give our impressionable young the impression and cache that they are
consuming "adult" products such as tobacco products or controlled
Substances. This familiarity among children and our children's peers
may in fact make the choice to not smoke or chew tobacco or to take
drugs a more difficult one. These products geared toward children
help to promote the concept that the use of tobacco or drugs is fun,
acceptable, and "adult-like". The war against addiction to both
tobacco and drugs is difficult enough without youths becoming
familiar facsimiles of these products at a very early age.

PRIOR LEGISLATIVE HISTORY:
2010: S.6456 Referred to Codes
2009: A.3768 Referred to Consumer Affairs and Protection

EFFECTIVE DATE:
This act shall take effect on the first of November
after it shall become law.

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

                                   616

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, KRUEGER, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection

AN ACT to amend the general business law, in relation to candy and  food
  products packaged as tobacco products or drug paraphernalia

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. CANDY AND FOOD PRODUCTS PACKAGED AS TOBACCO PRODUCTS OR  DRUG
PARAPHERNALIA.  1.  NO  CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE
SOLD, OFFERED FOR SALE OR DISTRIBUTED IN THIS STATE WHICH SHALL BE PACK-
AGED, SHAPED OR MANUFACTURED TO RESEMBLE ANY  TYPE  OF  TOBACCO  PRODUCT
INCLUDING,  BUT  NOT LIMITED TO, CIGARETTES, CIGARS, POWDERED TOBACCO OR
CHEWING TOBACCO, OR ANY DRUG PARAPHERNALIA INCLUDING,  BUT  NOT  LIMITED
TO,  GELATINE CAPSULES, GLASSINE ENVELOPES, VIALS, CAPSULES OR ANY OTHER
MATERIAL SUITABLE FOR THE PACKAGING OF NARCOTIC DRUGS OR STIMULANTS.
  2. A VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  CONSTITUTE  A
VIOLATION AS DEFINED IN THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03861-01-1

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