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Assembly Bill A8656

2019-2020 Legislative Session

Prohibits public display of tobacco advertisements and smoking paraphernalia within one thousand feet of schools

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Archive: Last Bill Status - In Assembly Committee

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2019-A8656 (ACTIVE) - Details

See Senate Version of this Bill:
S6055
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-ddd, Pub Health L

2019-A8656 (ACTIVE) - Summary

Prohibits public display of tobacco advertisements and smoking paraphernalia within one thousand feet of child-friendly institutions; defines terms; imposes a maximum penalty of five hundred dollars per violation; exempts tobacco businesses from the prohibition.

2019-A8656 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8656
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced by M. of A. D'URSO -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to prohibiting public
   display of tobacco advertisements and smoking paraphernalia within one
   thousand feet of child-friendly institutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 13-F of the public health law is amended by  adding
 a new section 1399-ddd to read as follows:
   §  1399-DDD.  PUBLIC  DISPLAY  OF  TOBACCO  ADVERTISEMENTS AND SMOKING
 PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "TOBACCO  ADVERTISEMENT"  MEANS  WORDS,  PICTURES,   PHOTOGRAPHS,
 SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THER-
 EOF,  WHICH  BEAR  A  HEALTH  WARNING  REQUIRED  BY FEDERAL STATUTE, THE
 PURPOSE OR EFFECT OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO  PRODUCT,
 A  TRADEMARK OF A TOBACCO PRODUCT OR A TRADE NAME ASSOCIATED EXCLUSIVELY
 WITH A TOBACCO PRODUCT, OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
 UCT.
   (B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH,  ROLL-
 ING  PAPERS,  VAPORIZER  OR  ANY  OTHER  DEVICE,  EQUIPMENT OR APPARATUS
 DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
   (C) "TOBACCO  BUSINESS"  MEANS  A  SOLE  PROPRIETORSHIP,  CORPORATION,
 LIMITED  LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE IN WHICH THE
 PRIMARY ACTIVITY IS THE  SALE,  MANUFACTURE  OR  PROMOTION  OF  TOBACCO,
 TOBACCO  PRODUCTS AND ACCESSORIES, EITHER AT WHOLESALE OR RETAIL, AND IN
 WHICH THE SALE, MANUFACTURE OR PROMOTION OF  OTHER  PRODUCTS  IS  MERELY
 INCIDENTAL.
   (D)  "CHILD-FRIENDLY  INSTITUTION" MEANS ANY AREA OR PLACE WHERE CHIL-
 DREN HAVE A REASONABLE EXPECTATION OF  BEING  FREE  OF  ADVERTISING  AND
 DISTRIBUTION OF TOBACCO PRODUCTS, INCLUDING, BUT NOT LIMITED TO: PUBLIC,
 PRIVATE  OR  CHARTER  SCHOOLS,  MOVIE  THEATERS, ARCADES OR OTHER GAMING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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