S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
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
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.