senate Bill S616A

Relates to candy and other food products packaged as tobacco products

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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 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:
A1372A
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

Sponsor Memo

BILL NUMBER:S616A

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

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 or emulate tobacco products, such as cigarettes, cigars, or
snuff. 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-j to prohibit the
sale of candy or other food products in New York that are packaged to
lock like tobacco products such as cigarettes, cigars or powdered
tobacco. 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, cigars, snuff or
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. This
familiarity among children and our children's peers may in fact make
the choice to not smoke or use other tobacco products a more
difficult one. These products geared toward children help to promote
the concept that the use of tobacco is fun, acceptable, and
"adult-like". The war against tobacco addiction is difficult enough
without youths becoming familiar with and consuming facsimiles of
these very unhealthy 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--A

                       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 -- committee discharged and  said  bill  committed  to  the
  Committee on Alcoholism and Drug Abuse -- reported favorably from said
  committee  and committed to the Committee on Commerce, Economic Devel-
  opment and Small  Business  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

  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. 1. NO
CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE  SOLD  OR  OFFERED  FOR
SALE  AT  RETAIL  IN  THIS  STATE  WHICH  SHALL BE PACKAGED OR SHAPED TO
EMULATE OR RESEMBLE ANY TYPE OF  TOBACCO  PRODUCTS  INCLUDING,  BUT  NOT
LIMITED TO, CIGARETTES, CIGARS OR POWDERED TOBACCO.
  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.
                                                           LBD03861-04-1

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