S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2663
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, DINOWITZ, GALEF, PAULIN, ROSENTHAL,
   JAFFEE, SEPULVEDA, TITUS, ABINANTI, CAHILL -- Multi-Sponsored by -- M.
   of A.  COOK, McDONALD -- read once and referred to  the  Committee  on
   Health
 
 AN  ACT  to  amend the public health law and the tax law, in relation to
   amending certain definitions relating  to  tobacco  products;  and  to
   amend  the  public health law and the tax law, in relation to changing
   the minimum pack sizes for tobacco products and  the  tax  amount  for
   tobacco products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 5 of section 1399-aa of the public health law,
 as amended by chapter 152 of the laws of 2004,  is  amended  and  a  new
 subdivision 14 is added to read as follows:
   5.  "Tobacco  products" means one or more cigarettes or cigars, bidis,
 chewing tobacco, LOOSE TOBACCO, SINGLE-UNIT TOBACCO,  powdered  tobacco,
 nicotine water or any other tobacco products AND ALSO INCLUDES ANY OTHER
 PRODUCT  CONTAINING  TOBACCO OR NICOTINE THAT IS INTENDED OR EXPECTED TO
 BE CONSUMED EXCEPT FOR ANY SUCH PRODUCT THAT HAS BEEN  APPROVED  BY  THE
 U.S.    FOOD AND DRUG ADMINISTRATION FOR SALE AS A TOBACCO USE CESSATION
 PRODUCT OR FOR OTHER MEDICAL PURPOSES AND IS  BEING  MARKETED  AND  SOLD
 SOLELY FOR THAT APPROVED PURPOSE.
   14.  "CIGARETTE"  MEANS ANY ROLL FOR SMOKING MADE WHOLLY OR IN PART OF
 TOBACCO OR OF ANY OTHER SUBSTANCE, IRRESPECTIVE OF SIZE, SHAPE,  APPEAR-
 ANCE,  PACKAGING, PRICING, MARKETING OR LABELING AND WHETHER OR NOT SUCH
 TOBACCO OR SUBSTANCE IS FLAVORED, ADULTERATED OR MIXED  WITH  ANY  OTHER
 INGREDIENT,  THE WRAPPER OR COVER OF WHICH IS MADE OF PAPER OR ANY OTHER
 SUBSTANCE OR MATERIAL BUT IS NOT MADE IN WHOLE OR  IN  PART  OF  TOBACCO
 THAT  IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY CONSUMERS
 AS A CIGARETTE,  AS  DEFINED  ABOVE,  INCLUDING  ANY  ROLL  FOR  SMOKING
 CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00945-02-7

 A. 2663                             2
 
 NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN
 WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER.
   § 2. Subdivisions 1, 2 and 2-a of section 470 of the tax law, subdivi-
 sion  1 as amended by section 14 and subdivision 2 as amended by section
 15 of part D of chapter 134 of the laws of 2010 and subdivision  2-a  as
 added by chapter 552 of the laws of 2008, are amended and two new subdi-
 visions 2-c and 2-d are added to read as follows:
   1. "Cigarette." Any roll for smoking made wholly or in part of tobacco
 or of any other substance, irrespective of size [or], shape, APPEARANCE,
 PACKAGING, PRICING, MARKETING OR LABELING and whether or not such tobac-
 co  or substance is flavored, adulterated or mixed with any other ingre-
 dient, the wrapper or cover of which is  made  of  paper  or  any  other
 substance  or  material  but  is not made in whole or in part of tobacco
 THAT IS LIKELY TO BE OFFERED TO, PURCHASED BY, OR CONSUMED BY  CONSUMERS
 AS  A  CIGARETTE,  AS  DEFINED  ABOVE,  INCLUDING  ANY  ROLL FOR SMOKING
 CONTAINING TOBACCO WRAPPED IN A SUBSTANCE CONTAINING TOBACCO THAT WEIGHS
 NO MORE THAN FOUR AND A HALF POUNDS PER THOUSAND UNLESS IT IS WRAPPED IN
 WHOLE TOBACCO LEAF AND DOES NOT HAVE AN INTERNAL FILTER.
   2. "Tobacco products." Any cigar, including a little cigar, or  tobac-
 co,  other  than cigarettes, [intended for consumption by smoking, chew-
 ing, or as snuff] AND ALSO INCLUDES ANY OTHER PRODUCT CONTAINING TOBACCO
 OR NICOTINE THAT IS INTENDED OR EXPECTED TO BE CONSUMED EXCEPT  FOR  ANY
 SUCH  PRODUCT  THAT HAS BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINIS-
 TRATION FOR SALE AS A TOBACCO USE CESSATION PRODUCT OR FOR OTHER MEDICAL
 PURPOSES AND IS  BEING  MARKETED  AND  SOLD  SOLELY  FOR  THAT  APPROVED
 PURPOSE.
   2-a.  "[Roll-your-own]  LOOSE  tobacco."  Any  tobacco  product  that,
 because of its appearance, type, packaging or labeling, is suitable  for
 use  and  likely to be offered to, or purchased by, consumers as tobacco
 for making cigarettes.  LOOSE TOBACCO SHALL ALSO INCLUDE  PIPE  TOBACCO,
 ROLL-YOUR-OWN TOBACCO AND ANY OTHER LOOSE TOBACCO USED FOR SMOKING.
   2-C.  "SINGLE-UNIT  TOBACCO  PRODUCTS." ANY TOBACCO PRODUCT, INCLUDING
 FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR BLEND CONTAINING TOBACCO
 INTENDED FOR ORAL CONSUMPTION WITHOUT BEING COMBUSTED, OTHER THAN  CIGA-
 RETTES  OR  CIGARS,  THAT  IS  OFFERED  IN  DISCRETE SINGLE-USE TABLETS,
 LOZENGES, POUCHES, PILLS, OR OTHER SINGLE-DOSE OR SINGLE-USE  UNITS,  OR
 IN PACKAGES OF SUCH SINGLE-USE UNITS.
   2-D.  "MOIST SNUFF."   FINELY CUT, GROUND OR POWDERED LOOSE TOBACCO OR
 BLEND CONTAINING TOBACCO INTENDED FOR  ORAL  CONSUMPTION  WITHOUT  BEING
 COMBUSTED THAT IS NOT A SINGLE-UNIT TOBACCO PRODUCT AS DEFINED IN SUBDI-
 VISION TWO-C OF THIS SECTION.
   §  3.  Subdivision  2  of section 1399-gg of the public health law, as
 added by chapter 513 of the laws of 2004, is amended to read as follows:
   2. No person engaged in the  business  of  manufacturing,  selling  or
 otherwise  distributing  tobacco  products, herbal cigarettes, cigarette
 wrapping papers, wrapping leaves or tubes, or any agent or  employee  of
 such  person,  shall manufacture or cause to be manufactured for sale in
 this state, or sell or distribute in this  state:  (a)  any  package  or
 other  container  of cigarettes containing fewer than twenty cigarettes;
 (b) any package of [roll-your-own] LOOSE tobacco  containing  less  than
 [six-tenths]  SIXTY-FIVE HUNDREDTHS of an ounce of tobacco; [or] (c) ANY
 PACKAGE OF CIGARS CONTAINING FEWER THAN FIVE CIGARS; (D) ANY PACKAGE  OF
 SINGLE-UNIT  TOBACCO,  AS  DEFINED  IN SUBDIVISION TWO-C OF SECTION FOUR
 HUNDRED SEVENTY OF THE TAX LAW, CONTAINING FEWER THAN TWENTY  PIECES  OF
 SINGLE-USE UNITS; (E) ANY PACKAGE OF MOIST SNUFF CONTAINING LESS THAN AN
 OUNCE  OF  TOBACCO;  OR  (F) any package or other container of cigarette

 A. 2663                             3
 
 wrapping papers, wrapping leaves or tubes, that are or are held  out  to
 be  suitable  for  use  or  used as devices to wrap tobacco for smoking,
 containing fewer than twenty sheets, leaves or tubes.
   §  4.  Subdivision  1  of  section 471-b of the tax law, as amended by
 section 2 of part QQ-1 of chapter 57 of the laws of 2008, paragraphs (a)
 and (b) as amended by section 18 and paragraph (c) as added  by  section
 19  of  part D of chapter 134 of the laws of 2010, is amended to read as
 follows:
   1. There is hereby imposed and shall be paid  a  tax  on  all  tobacco
 products  possessed in this state by any person for sale, except that no
 tax shall be imposed on tobacco products sold under  such  circumstances
 that  this  state  is  without  power to impose such tax, or sold to the
 United States, or sold to or by a voluntary unincorporated  organization
 of  the armed forces of the United States operating a place for the sale
 of goods pursuant to regulations promulgated by the  appropriate  execu-
 tive  agency  of the United States, to the extent provided in such regu-
 lations and policy statements of  such  an  agency  applicable  to  such
 sales.
   (a)  Such tax on tobacco products [other than snuff and little cigars]
 shall be at the rate of [seventy-five] NINETY-FIVE percent of the whole-
 sale price OR THE MINIMUM RATES AS INDICATED IN PARAGRAPH (B), (C), (D),
 (E) OR (F) OF THIS SUBDIVISION, WHICHEVER IS HIGHER, and is intended  to
 be  imposed  only once upon the sale of any tobacco products [other than
 snuff and little cigars].
   (b) Such MINIMUM tax on MOIST snuff shall be  at  the  rate  of  [two]
 THREE  dollars  AND SIXTY-THREE CENTS per ounce and a proportionate rate
 on any fractional parts of an ounce[, provided that cans or packages  of
 snuff  with  a  net  weight of less than one ounce shall be taxed at the
 equivalent rate of cans or packages weighing one ounce]. Such tax  shall
 be  computed  based on the net weight as listed by the manufacturer, and
 is intended to be imposed only once upon the sale of any MOIST snuff.
   (c) Such tax on little cigars shall be at the  same  rate  imposed  on
 cigarettes  under  this  article and is intended to be imposed only once
 upon the sale of any little cigars.
   (D) SUCH MINIMUM TAX ON SINGLE-UNIT TOBACCO PRODUCTS SHALL BE  AT  THE
 SAME RATE IMPOSED ON CIGARETTES UNDER THIS ARTICLE AND IS INTENDED TO BE
 IMPOSED ONLY ONCE UPON THE SALE OF ANY SINGLE-DOSE OR SINGLE-UNIT TOBAC-
 CO PRODUCTS.
   (E)  SUCH  MINIMUM TAX ON ANY LOOSE TOBACCO MEANT FOR SMOKING SHALL BE
 EQUAL TO THE AMOUNT OF THE TOTAL TAX ON  A  PACK  OF  TWENTY  CIGARETTES
 UNDER THIS ARTICLE PER 0.65 OUNCES WITH A PROPORTIONATE TAX ON ANY OTHER
 WEIGHTS,  BASED  ON  THE NET WEIGHT DETERMINED BY THE MANUFACTURER. SUCH
 TAX IS INTENDED TO BE IMPOSED ONLY ONCE  UPON  THE  SALE  OF  ANY  LOOSE
 TOBACCO.
   (F)  SUCH  MINIMUM  TAX  ON CIGARS, OTHER THAN LITTLE CIGARS, SHALL BE
 EQUAL TO THE AMOUNT OF THE TOTAL TAX ON  A  PACK  OF  TWENTY  CIGARETTES
 UNDER  THIS ARTICLE WITH A PROPORTIONATE TAX ON PACKAGES WITH FEWER THAN
 FIVE CIGARS AND IS INTENDED TO BE IMPOSED ONLY ONCE UPON THE SALE OF ANY
 CIGARS.
   It shall be presumed that all tobacco products within  the  state  are
 subject  to  tax  until  the  contrary is established, and the burden of
 proof that any tobacco products are not taxable hereunder shall be  upon
 the person in possession thereof.
   § 5. This act shall take effect immediately.