S T A T E O F N E W Y O R K
________________________________________________________________________
82
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, GOTTFRIED, MAYERSOHN, GALEF, DINOWITZ,
PEOPLES-STOKES, BENEDETTO, CLARK, JAFFEE, BOYLAND, ROSENTHAL, KAVANAGH
-- Multi-Sponsored by -- M. of A. COLTON, GABRYSZAK, LATIMER, LIFTON,
McENENY -- read once and referred 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00145-01-1
A. 82 2
(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;
(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 FOURTEEN, 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 first of January next succeed-
ing the date on which it shall have become a law.