BILL NUMBER:A9922
TITLE OF BILL: An act to amend the general business law, in relation to
candy and food products packaged as tobacco products or drug parapher-
nalia
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 parapher-
nalia. 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 consum-
ing "adult" products such as tobacco products or controlled Substances.
S T A T E O F N E W Y O R K
________________________________________________________________________
9922
I N A S S E M B L Y
February 11, 2010
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Consumer Affairs and 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-i to read as follows:
S 399-I. 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.
LBD06932-02-0
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