Senate Bill S3586

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

                                  3586

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00909-02-9
              

S. 3586                             2

  (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 ELEVEN, 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.