NY State Senate Bill 2017-S5266

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 03, 2018	referred to health
Mar 17, 2017	referred to health

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2017-S5266 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa & 1399-bb, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S2001

2017-S5266 (ACTIVE) - Summary

Prohibits the low-cost or no-cost promotion of flavored electronic cigarettes by any entity other than a manufacturer.

2017-S5266 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5266

 TITLE OF BILL :

An act to amend public health law, in relation to the sale of flavored
electronic cigarettes at low or no cost

 PURPOSE :

To ban the sale of flavored e-cigarettes

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends the public health law section 1399-aa by
adding a new subdivision 14 to define "flavored electronic cigarette"
or "flavored e-cigarette" as an electronic cigarette or e-cigarette
that contains a characterizing flavor in any of its component parts,
and adds a new subdivision 15 to define "characterizing flavor" 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, but shall not include tobacco,
clove, or menthol.

Section 2 of the bill amends the public health law section 1399-bb by
adding new subdivisions 5, 6, and 7 stating that no person, either
directly or indirectly by an agent or employee of such person, or by a

vending machine owned by or located in an establishment owned by such
person, shall offer for sale, distribute for commercial purposes at no
cost or minimal cost or with coupons or rebate offers, give or
furnish, to a person in this state any flavored electronic cigarette.
It also sets forth penalties and enforcement pursuant to this article.

Section 3 of the bill is the effective date.

 JUSTIFICATION :

The use of e-cigarettes has exploded in recent years. Startlingly, as
the traditional smoking rate among high school students in New York
continues to fall to historic lows (4.3% in 2016 down from 7.3% in
2014 and 27.1% in 2000), the rate of e-cigarette use among high school
students has nearly doubled in two years - from 10.5% in 2014 to 20.6
in 2016, according to a study by the New York State Department of
Health. Young people are picking up an e-cigarette habit at a young
age which could potentially lead to livelong habits of smoking
e-cigarettes or traditional cigarettes.

While e-cigarettes are often marketed as a safe alternative to
traditional cigarettes, little is known about the products and their
health impacts. They often contain nicotine and other known
carcinogens and toxic chemicals. Cartridges that accompany
e-cigarettes are often flavored to make the product more appealing,
with common flavors including fruits, chocolate, vanilla, honey,
candy, cocoa, desserts, alcoholic beverages, and herb or spice
flavoring. The flavors are documented to be appealing to young people.

Research on the health impacts of e-cigarettes has been limited to
date, though preliminary studies are alarming. A study by the Harvard
T.H. Chan School of Public Health published in December 2015 looked at
the flavoring chemicals in 51 popular e-cigarette flavors considered
appealing to youth. Diacetyl was detected above the laboratory limit
of detection in 39 of the 51 flavors tested.  Diacetyl has been linked
to the irreversible lung disease bronchiolitis obliterans, commonly
known as "popcorn lung" due to its presence in flavored microwave
popcorn butter. In 2000, a high-profile outbreak of the disease at a
microwave popcorn factory in Missouri resulted in popcorn companies
removing the chemical from its products. High levels of diacetyl,
2,3-pentanedione, and acetoin were found in 47 of the 51 study samples
total. The study recommended urgent action to further evaluate
widespread exposure to diactyl.

This bill would ban the sale of flavored e-cigarettes in New York to
protect public health and dissuade young people from picking up a
dangerous habit.

In 2009, the federal government took a similar step by placing on ban
on flavored cigarettes. New York City currently has a ban on flavored
tobacco products.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S5266 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5266
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2017
                                ___________
 
 Introduced by Sens. HOYLMAN, KAMINSKY, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN  ACT  to amend public health law, in relation to the sale of flavored
   electronic cigarettes at low or no cost
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1399-aa  of  the public health law is amended by
 adding two new subdivisions 14 and 15 to read as follows:
   14. "FLAVORED ELECTRONIC CIGARETTE" OR "FLAVORED E-CIGARETTE" MEANS AN
 ELECTRONIC CIGARETTE OR E-CIGARETTE, AS DEFINED IN SUBDIVISION  THIRTEEN
 OF  THIS  SECTION  THAT  CONTAINS  A CHARACTERIZING FLAVOR IN ANY OF ITS
 COMPONENT PARTS.
   15. "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 FLAVOR-
 ING, BUT SHALL NOT INCLUDE: TOBACCO; CLOVE; OR MENTHOL.
   § 2. Section 1399-bb of the public health law, as amended  by  chapter
 508  of  the laws of 2000, subdivision 2 as amended by chapter 13 of the
 laws of 2003, is amended to read as follows:
   § 1399-bb. Distribution of tobacco products [or], herbal cigarettes OR
 FLAVORED ELECTRONIC CIGARETTES without charge. 1. No person  engaged  in
 the  business  of  selling or otherwise distributing tobacco products or
 herbal cigarettes for commercial purposes, or any agent or  employee  of
 such person, shall knowingly, in furtherance of such business:
   (a)  distribute  without  charge  any tobacco products or herbal ciga-
 rettes to any individual, provided that the distribution  of  a  package
 containing  tobacco  products  or herbal cigarettes in violation of this
 subdivision shall constitute a single violation without  regard  to  the
 number of items in the package; or
   (b)  distribute  coupons  which are redeemable for tobacco products or
 herbal cigarettes to any  individual,  provided  that  this  subdivision
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10591-01-7

 S. 5266                             2
 
 shall  not  apply to coupons contained in newspapers, magazines or other
 types of publications, coupons obtained through the purchase of  tobacco
 products or herbal cigarettes or obtained at locations which sell tobac-
 co  products  or  herbal  cigarettes  provided that such distribution is
 confined to a designated area or to coupons sent through the mail.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:
   (a) private social functions when seating arrangements are  under  the
 control  of  the  sponsor  of  the function and not the owner, operator,
 manager or person in charge of such indoor area;
   (b) conventions and trade shows; provided  that  the  distribution  is
 confined  to  designated areas generally accessible only to persons over
 the age of eighteen;
   (c) events sponsored by  tobacco  or  herbal  cigarette  manufacturers
 provided that the distribution is confined to designated areas generally
 accessible only to persons over the age of eighteen;
   (d)  bars  as  defined  in subdivision one of section thirteen hundred
 ninety-nine-n of this chapter;
   (e) tobacco businesses as defined  in  subdivision  eight  of  section
 thirteen hundred ninety-nine-aa of this article;
   (f)  factories  as  defined  in  subdivision  nine of section thirteen
 hundred ninety-nine-aa of this article and construction sites;  provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of eighteen.
   3. No person shall distribute tobacco products or herbal cigarettes at
 the  locations  set  forth in paragraphs (b), (c) and (f) of subdivision
 two of this section unless such person gives five days written notice to
 the enforcement officer.
   4. The distribution of tobacco products or herbal cigarettes  pursuant
 to  subdivision  two of this section shall be made only to an individual
 who demonstrates, through a driver's license or other photographic iden-
 tification card issued by a government entity or educational institution
 indicating that the individual is at least eighteen years of  age.  Such
 identification  need  not  be  required of any individual who reasonably
 appears to be at least twenty-five years of age; provided, however, that
 such appearance shall not constitute a defense in any proceeding  alleg-
 ing the sale of a tobacco product or herbal cigarette to an individual.
   5. NO PERSON, EITHER DIRECTLY OR INDIRECTLY BY AN AGENT OR EMPLOYEE OF
 SUCH  PERSON,  OR  BY A VENDING MACHINE OWNED BY OR LOCATED IN AN ESTAB-
 LISHMENT OWNED BY SUCH PERSON, SHALL SELL, OFFER  FOR  SALE,  DISTRIBUTE
 FOR  COMMERCIAL  PURPOSES  AT NO COST OR MINIMAL COST OR WITH COUPONS OR
 REBATE OFFERS, GIVE OR FURNISH, TO A PERSON IN THIS STATE  ANY  FLAVORED
 ELECTRONIC CIGARETTE AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-
 AA OF THIS ARTICLE.
   6. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
 SUBDIVISION  FIVE OF THIS SECTION SHALL BE SUBJECT TO PENALTIES PURSUANT
 TO SECTION THIRTEEN HUNDRED NINETY-NINE-EE OF THIS ARTICLE.
   7. VIOLATIONS OF SUBDIVISION FIVE 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
 REPORTING THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5266

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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co-Sponsors

2017-S5266 (ACTIVE) - Details

2017-S5266 (ACTIVE) - Summary

2017-S5266 (ACTIVE) - Sponsor Memo

2017-S5266 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

co-Sponsors

Todd Kaminsky

Shelley B. Mayer

Kevin S. Parker

Jose M. Serrano

2017-S5266 (ACTIVE) - Details

2017-S5266 (ACTIVE) - Summary

2017-S5266 (ACTIVE) - Sponsor Memo

2017-S5266 (ACTIVE) - Bill Text download pdf

Comments