S T A T E   O F   N E W   Y O R K
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                                  4497

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by Sens. DUANE, FUSCHILLO -- 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 and product
  design characteristics 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, as well as product  design  character-
istics,  may  have toxic effects for both smokers and nonsmokers. There-
fore, the legislature further finds that the public has a right to  know
what  chemical substances and product design characteristics are used in
the manufacture of cigarettes and what  toxic  effects,  if  any,  these
additives  and  characteristics have been found to have or are suspected
of having.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00909-05-9

              

S. 4497                             2

LISTED IN DESCENDING ORDER ACCORDING TO WEIGHT,  MEASURE,  OR  NUMERICAL
COUNT;
  (B) THE NICOTINE YIELD RATINGS BASED ON STANDARDS TO BE ESTABLISHED BY
THE DEPARTMENT;
  (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;
  (D) FOR CIGARETTES, A DESCRIPTION AND PURPOSE OF EACH  PRODUCT  DESIGN
FEATURE  THAT  THE DEPARTMENT DETERMINES MAY INFLUENCE CONSUMER EXPOSURE
TO TOXIC CONSTITUENTS INCLUDING, BUT NOT LIMITED TO, BLEND  OF  TOBACCOS
USED, INCLUDING PERCENTAGES OF RECONSTITUTED AND EXPANDED TOBACCOS, TYPE
AND  POROSITY OF PAPER USED, DIMENSION OF THE CIGARETTE AND TOBACCO ROD,
CHARACTERISTICS OF ANY FILTER INCLUDING TYPE, DIMENSIONS, FILTER  DENIER
AND  PERCENTAGE  OF  VENTILATION, PH OF THE SMOKE, AND UNBURNED NICOTINE
CONTENT; AND
  (E) FOR SNUFF OR CHEWING TOBACCO, A DESCRIPTION AND  PURPOSE  OF  EACH
PRODUCT  DESIGN  FEATURE  THAT  THE  DEPARTMENT DETERMINES MAY INFLUENCE
CONSUMER EXPOSURE INCLUDING, BUT NOT LIMITED TO, THE BLEND  OF  TOBACCOS
USED AND THE PH OF THE PRODUCT AT THE TIME OF MANUFACTURE.
  2.  THE COMMISSIONER SHALL ANNUALLY PREPARE AND PUBLISH A REPORT BASED
UPON THE  INFORMATION  RECEIVED  BY  THE  DEPARTMENT  PURSUANT  TO  THIS
SECTION,  INDICATING  FOR  EACH BRAND THE NICOTINE YIELD RATINGS AND ANY
OTHER SUCH CONSTITUENTS AND PRODUCT DESIGN FEATURES WHICH THE DEPARTMENT
DETERMINES THERE IS REASONABLE SCIENTIFIC BASIS FOR CONCLUDING THAT SUCH
CONSTITUENTS AND  DESIGN  FEATURES  POSE  SIGNIFICANT  RISKS  TO  PUBLIC
HEALTH,  PROVIDED HOWEVER THAT THE QUANTITIES OF SUCH CONSTITUENTS SHALL
NOT BE INCLUDED IN THE REPORT. THE REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC AND SHALL BE AVAILABLE BY ELECTRONIC  MEANS  OVER  THE  INTERNET.
NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE CONSTITUENTS
THAT ARE DETERMINED BY THE DEPARTMENT NOT TO POSE SIGNIFICANT  RISKS  TO
PUBLIC HEALTH TO BE RELEASED IN THE REPORT OR FOR PUBLIC RECORD.
  3.  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE, 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.
  S 3. This act shall take effect on the second of January next succeed-
ing the date on which it shall have become a law.