S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, PARKER, SERRANO,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 385--A 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
(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 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.
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.