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Senate Bill S8278

2017-2018 Legislative Session

Relates to the sale of certain flavored tobacco and electronic cigarette products

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S8278 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S1181

2017-S8278 (ACTIVE) - Summary

Prohibits the sale of certain flavored tobacco and electronic cigarette products; imposes civil penalties for violations thereof.

2017-S8278 (ACTIVE) - Sponsor Memo

2017-S8278 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8278
 
                             I N  S E N A T E
 
                              April 26, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 certain flavored tobacco and electronic cigarette products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 1399-mm-l to read as follows:
   §  1399-MM-L.  FLAVORED TOBACCO PRODUCTS AND FLAVORED ELECTRONIC CIGA-
 RETTE FLUID PROHIBITED. 1. NO ELECTRONIC CIGARETTE, FLUID  OR  COMPONENT
 THEREOF;  NO  SMOKELESS  TOBACCO  PRODUCT  OR  COMPONENT THEREOF; AND NO
 TOBACCO PRODUCT MEANT FOR HOOKAH OR COMPONENT THEREOF MADE FOR  SALE  IN
 THE STATE OF NEW YORK SHALL CONTAIN, AS A CONSTITUENT (INCLUDING A SMOKE
 CONSTITUENT)  OR  ADDITIVE: AND ARTIFICIAL OR NATURAL FLAVOR (OTHER THAN
 TOBACCO OR MENTHOL) OR AN HERB OR SPICE,  INCLUDING  STRAWBERRY,  GRAPE,
 ORANGE,  CLOVE,  CINNAMON, PINEAPPLE, VANILLA, COCONUT, LICORICE, COCOA,
 CHOCOLATE, CHERRY, OR COFFEE, THAT IS A  CHARACTERIZING  FLAVOR  OF  THE
 TOBACCO PRODUCT OR ELECTRONIC CIGARETTE PRODUCT.
   2.  THE  COMMISSION  MAY  IMPOSE  A CIVIL PENALTY OF NO LESS THAN FIVE
 THOUSAND DOLLARS AND NO MORE THAN TWENTY-FIVE  THOUSAND  DOLLARS  FOR  A
 FIRST  OFFENSE  FOR  ANY RETAIL ESTABLISHMENT OR INTERNET BASED BUSINESS
 FOUND TO BE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION. THE COMMIS-
 SIONER MAY IMPOSE A CIVIL PENALTY OF NO LESS THAN TEN  THOUSAND  DOLLARS
 AND  NO  MORE  THAN  THIRTY  THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT
 VIOLATION WITHIN THREE YEARS FOLLOWING A PRIOR FINDING OF VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
   it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15587-01-8

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