NY State Senate Bill 2011-S5008

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
May 02, 2011	referred to health

2011-S5008 (ACTIVE) - Details

See Assembly Version of this Bill:: A288
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 13-F §1399-aaa, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6852, A9482
2013-2014: A1179
2015-2016: A128
2017-2018: A277
2019-2020: A5088
2021-2022: A4374

2011-S5008 (ACTIVE) - Summary

Prohibits the sale of flavored tobacco products; violation by any person other than manufacturer constitutes fine of $100 for each individual package sold or offered for sale; provides for a civil penalty up to $50,000 for violations within a thirty day period for manufacturers.

2011-S5008 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5008

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting the sale of
flavored tobacco products

PURPOSE:
To prohibit the sale of flavored tobacco products such as
cigars, chewing tobacco, snuff, and rolling paper in order to
decrease the incidence of tobacco use among children

SUMMARY OF PROVISIONS:
Section one provides the legislative intent of
the bill which states that flavored tobacco products are particularly
attractive to children and increase the likelihood that children will
become consumers of such products.

Section two amends article 13-F of the public health law by adding a
new section, 1399-aaa, which provides that no person shall sell or
offer for sale any tobacco product that has a characterizing flavor,
with the exception of pipe tobacco and hand-made cigars.

"Characterizing flavor" is defined as a distinguishable taste or
aroma, including but not limited to any fruit, chocolate, vanilla,
honey candy, cocoa, dessert, alcoholic beverage, herb or spice

flavoring. Flavors such as tobacco itself, menthol, mint and
wintergreen are exceptions. "Pipe tobacco" is defined as tobacco that
is no smaller than twenty cut per inch and has a moisture content of
at least fifteen percent, while "hand-made cigars" is defined as
cigars that are made entirely by hand of a tobacco leaf wrapper, hand
constructed and hand wrapped, wholesaling for two dollars or more,
and weighing more than three pounds per one thousand cigars.

Any person, other than a manufacturer, who violates the provisions of
this bill, shall be subject to a fine of up to one hundred dollars
for every package of flavored tobacco products sold or offered for
sale. Manufacturers who sell, or offer for sale, flavored tobacco
products may be subject to a civil penalty of up to fifty thousand
dollars for each brand or style of flavored tobacco product sold or
offered for sale on more than one occasion during any thirty day
period. Any person may submit a complaint to an enforcement officer
stating that a violation has occurred.

The prohibitions contained in subdivision one shall not apply to a
retail tobacco business, provided such business does not admit any
person under the age of eighteen years old.

Section three provides the effective date.

JUSTIFICATION:
Recently, the U.S. Food and Drug Administration (the
FDA) banned the sale of flavored cigarettes because they largely
appeal to children. New York City has recently expanded the ban to
include flavored cigars and flavored smokeless tobacco products such
as snuff and chewing tobacco.


According to a study conducted by the National Cancer Institute, part
of the U.S. National Institute of Health, cigar smokers are as likely
as cigarette smokers to risk oral, throat, and esophageal cancers.
The study also
demonstrated that those who use smokeless tobacco products
significantly raise their risk of developing cancers of the lip,
tongue, cheeks and gums.

The earlier a person begins using tobacco products, the more likely it
is that that person will become addicted to tobacco. Preventing the
sale of products that appeal to children will help to prevent
life-long use that leads to tobacco-related illnesses, increased
medical costs, and tobacco-related deaths.

LEGISLATIVE HISTORY:
S.6852 of 2010: Referred to Senate Health Committee

FISCAL IMPLICATIONS:
Decreased tobacco tax revenue, offset by
decreased medical care costs and the collection of fines

EFFECTIVE DATE:
150th day after becoming law.

2011-S5008 (ACTIVE) - Bill Text download pdf

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

                                  5008

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sen. 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 prohibiting the
  sale of flavored tobacco products

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that  there  has  been  a  proliferation  of  flavored  tobacco
products  in  recent years. Many of these products have fruit, chocolate
or other flavors that are particularly attractive to children. According
to public health experts, children are more likely  to  choose  flavored
tobacco  products  when they start using tobacco, and thus the existence
of these products increases the incidence of tobacco use among children.
Moreover, the earlier that an individual begins using tobacco, the  more
likely  he  or  she  will  become  addicted to tobacco products and will
continue to use them throughout  his  or  her  lifetime.  As  a  result,
flavored  tobacco  products  result  in increased tobacco use, increased
addiction, a greater incidence of tobacco-related  illnesses,  increased
health  care costs, and more tobacco-related deaths. In 2009, the United
States Congress enacted legislation prohibiting  the  sale  of  flavored
cigarettes,  but  such  action does not apply to other tobacco products.
The legislature, therefore, finds and  declares  that  flavored  tobacco
products,  like  flavored  cigarettes,  present  a significant threat to
public health, and that the sale of flavored tobacco  products  must  be
prohibited.
  S  2. Article 13-F of the public health law is amended by adding a new
section 1399-aaa to read as follows:
  S 1399-AAA. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 1. NO PERSON
SHALL SELL OR OFFER FOR SALE IN  THIS  STATE  ANY  TOBACCO  PRODUCT,  AS
DEFINED  IN  SUBDIVISION  TWO OF SECTION FOUR HUNDRED SEVENTY OF THE TAX
LAW, OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT  LIMITED  TO,  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00758-05-1

S. 5008                             2

TOBACCO,  PAPER,  ROLL OR FILTER, WHICH CONTAINS A NATURAL OR ARTIFICIAL
CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO
HAVE A CHARACTERIZING FLAVOR  EXCEPT  FOR  PIPE  TOBACCO  AND  HAND-MADE
CIGARS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
  2.    FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PIPE TOBACCO" SHALL MEAN TOBACCO THAT IS NO SMALLER  THAN  TWENTY
CUTS PER INCH AND HAS A MOISTURE CONTENT OF AT LEAST FIFTEEN PERCENT.
  (B)  "HAND-MADE  CIGARS"  SHALL  MEAN CIGARS THAT ARE MADE ENTIRELY BY
HAND OF A TOBACCO LEAF  WRAPPER,  HAND  CONSTRUCTED  AND  HAND  WRAPPED,
WHOLESALING FOR TWO DOLLARS OR MORE, AND WEIGHING MORE THAN THREE POUNDS
PER ONE THOUSAND CIGARS.
  3.    FOR  THE  PURPOSES  OF  THIS SECTION, THE PHRASE "CHARACTERIZING
FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING  BUT  NOT
LIMITED  TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA, DESSERT,
ALCOHOLIC BEVERAGE, HERB OR  SPICE  FLAVORING,  BUT  SHALL  NOT  INCLUDE
TOBACCO,  MENTHOL,  MINT,  OR  WINTERGREEN.  IN NO EVENT SHALL A TOBACCO
PRODUCT OR ANY COMPONENT PART THEREOF, INCLUDING, BUT  NOT  LIMITED  TO,
THE TOBACCO, PAPER, ROLL OR FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
FLAVOR  BASED  SOLELY  ON  THE  USE  OF  ADDITIVES OR FLAVORINGS, OR THE
PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
  4. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT  MORE  THAN  ONE  HUNDRED
DOLLARS  FOR  EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD OR OFFERED
FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FIFTY THOUSAND DOLLARS FOR EACH BRAND OR STYLE  OF  THAT  MANUFACTURER'S
TOBACCO  PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN
VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION  DURING  ANY  THIRTY
DAY  PERIOD.  VIOLATIONS  OF  THIS SECTION SHALL BE ENFORCED PURSUANT TO
SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY
PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER THAT A VIOLATION
OF THIS SECTION HAS OCCURRED.
  5. THE PROHIBITIONS CONTAINED IN SUBDIVISION ONE OF THIS SECTION SHALL
NOT APPLY TO A RETAIL TOBACCO BUSINESS AS DEFINED IN  SUBDIVISION  SEVEN
OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS CHAPTER, PROVIDED SUCH
BUSINESS DOES NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD.
  S  3. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.

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Senate Bill S5008

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2011-S5008 (ACTIVE) - Details

2011-S5008 (ACTIVE) - Summary

2011-S5008 (ACTIVE) - Sponsor Memo

2011-S5008 (ACTIVE) - Bill Text download pdf

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2011-S5008 (ACTIVE) - Details

2011-S5008 (ACTIVE) - Summary

2011-S5008 (ACTIVE) - Sponsor Memo

2011-S5008 (ACTIVE) - Bill Text download pdf

Comments