senate Bill S616A

2011-2012 Legislative Session

Relates to candy and other food products packaged as tobacco products

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to alcoholism and drug abuse
Jun 24, 2011 committed to rules
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.800
May 17, 2011 print number 616a
amend (t) and recommit to commerce, economic development and small business
Mar 28, 2011 reported and committed to commerce, economic development and small business
Feb 23, 2011 committee discharged and committed to alcoholism and drug abuse
Jan 05, 2011 referred to consumer protection

Votes

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May 24, 2011 - Commerce, Economic Development and Small Business committee Vote

S616A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 24, 2011

Mar 28, 2011 - Alcoholism and Drug Abuse committee Vote

S616
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 28, 2011

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S616 - Bill Details

See Assembly Version of this Bill:
A1372A
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6456, A9922

S616 - Bill Texts

view summary

Prohibits the sale or offering for sale at retail of candy or other food products packaged or shaped to emulate or resemble tobacco products; violations of such provisions shall constitute a violation as defined in the penal law.

view sponsor memo
BILL NUMBER:S616

TITLE OF BILL:
An act
to amend the general business law, in relation to candy and
food products
packaged as
tobacco products or drug paraphernalia

PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the sale of candy and
other food products that may be attractive to or marketed to
children, but which are packaged to resemble tobacco products, such
as cigarettes, cigars, snuff, or chewing tobacco or various forms of
drug paraphernalia. A violation of this offense shall constitute a
"violation" as defined in the penal law.

SUMMARY OF PROVISIONS:

Section 1: Adds General Business Law section 399-i to prohibit the sale
of candy or other food products in New York that are packaged to lock
like any type of tobacco product or drug paraphernalia. A violation
of this section of law shall constitute a violation and be punishable
by a fine of no more than $250.00 or a jail term not to exceed 15 days.

JUSTIFICATION:
There are a number of candy items and other food
products, such as beef jerky, which are being marketed to and sold to
minors that resemble tobacco products such as cigarettes, snuff, and
chewing tobacco. The sale of these food products to children could
give our impressionable young the impression and cache that they are
consuming "adult" products such as tobacco products or controlled
Substances. This familiarity among children and our children's peers
may in fact make the choice to not smoke or chew tobacco or to take
drugs a more difficult one. These products geared toward children
help to promote the concept that the use of tobacco or drugs is fun,
acceptable, and "adult-like". The war against addiction to both
tobacco and drugs is difficult enough without youths becoming
familiar facsimiles of these products at a very early age.

PRIOR LEGISLATIVE HISTORY:
2010: S.6456 Referred to Codes
2009: A.3768 Referred to Consumer Affairs and Protection

EFFECTIVE DATE:
This act shall take effect on the first of November
after it shall become law.

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

                                   616

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, KRUEGER, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection

AN ACT to amend the general business law, in relation to candy and  food
  products packaged as tobacco products or drug paraphernalia

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. CANDY AND FOOD PRODUCTS PACKAGED AS TOBACCO PRODUCTS OR  DRUG
PARAPHERNALIA.  1.  NO  CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE
SOLD, OFFERED FOR SALE OR DISTRIBUTED IN THIS STATE WHICH SHALL BE PACK-
AGED, SHAPED OR MANUFACTURED TO RESEMBLE ANY  TYPE  OF  TOBACCO  PRODUCT
INCLUDING,  BUT  NOT LIMITED TO, CIGARETTES, CIGARS, POWDERED TOBACCO OR
CHEWING TOBACCO, OR ANY DRUG PARAPHERNALIA INCLUDING,  BUT  NOT  LIMITED
TO,  GELATINE CAPSULES, GLASSINE ENVELOPES, VIALS, CAPSULES OR ANY OTHER
MATERIAL SUITABLE FOR THE PACKAGING OF NARCOTIC DRUGS OR STIMULANTS.
  2. A VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  CONSTITUTE  A
VIOLATION AS DEFINED IN THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03861-01-1

Co-Sponsors

S616A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1372A
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
General Business Law
Laws Affected:
Add §399-j, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6456, A9922

S616A (ACTIVE) - Bill Texts

view summary

Prohibits the sale or offering for sale at retail of candy or other food products packaged or shaped to emulate or resemble tobacco products; violations of such provisions shall constitute a violation as defined in the penal law.

view sponsor memo
BILL NUMBER:S616A

TITLE OF BILL:
An act
to amend the general business law, in relation to candy and
food products
packaged as
tobacco products

PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the sale of candy and other food products that may be
attractive to or marketed to children, but which are packaged to
resemble or emulate tobacco products, such as cigarettes, cigars, or
snuff. A violation of this offense shall constitute a "violation" as
defined in the penal law.

SUMMARY OF PROVISIONS:
Section 1: Adds General Business Law section 399-j to prohibit the
sale of candy or other food products in New York that are packaged to
lock like tobacco products such as cigarettes, cigars or powdered
tobacco. A violation of this section of law shall constitute a
violation and be punishable by a fine of no more than $250.00 or a
jail term not to exceed 15 days.

JUSTIFICATION:
There are a number of candy items and other food products, such as
beef jerky, which are being marketed to and sold to minors that
resemble tobacco products such as cigarettes, cigars, snuff or
chewing tobacco. The sale of these food products to children could
give our impressionable young the impression and cache that they are
consuming "adult" products such as tobacco products. This
familiarity among children and our children's peers may in fact make
the choice to not smoke or use other tobacco products a more
difficult one. These products geared toward children help to promote
the concept that the use of tobacco is fun, acceptable, and
"adult-like". The war against tobacco addiction is difficult enough
without youths becoming familiar with and consuming facsimiles of
these very unhealthy products at a very early age.

PRIOR LEGISLATIVE HISTORY:
2010: S.6456 Referred to Codes
2009: A.3768 Referred to Consumer Affairs and Protection

EFFECTIVE DATE:
This act shall take effect on the first of November
after it shall become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 616--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN, KRUEGER, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- committee discharged and  said  bill  committed  to  the
  Committee on Alcoholism and Drug Abuse -- reported favorably from said
  committee  and committed to the Committee on Commerce, Economic Devel-
  opment and Small  Business  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law, in relation to candy and food
  products packaged as tobacco products

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S  399-J.  CANDY AND FOOD PRODUCTS PACKAGED AS TOBACCO PRODUCTS. 1. NO
CANDY, CONFECTION OR OTHER FOOD PRODUCT SHALL BE  SOLD  OR  OFFERED  FOR
SALE  AT  RETAIL  IN  THIS  STATE  WHICH  SHALL BE PACKAGED OR SHAPED TO
EMULATE OR RESEMBLE ANY TYPE OF  TOBACCO  PRODUCTS  INCLUDING,  BUT  NOT
LIMITED TO, CIGARETTES, CIGARS OR POWDERED TOBACCO.
  2.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
VIOLATION AS DEFINED IN THE PENAL LAW.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03861-04-1

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