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Assembly Bill A8911B

2019-2020 Legislative Session

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2019-A8911 - Details

See Senate Version of this Bill:
S7068
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1887, S1021
2023-2024: A699, S4477
2025-2026: A77, S5613

2019-A8911 - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2019-A8911 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8911
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 30, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored smokeless tobacco  within  one  thousand  feet  of  a
   public or private school
 
   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-cc-1 to read as follows:
   §  1399-CC-1. SALE OF FLAVORED SMOKELESS TOBACCO; RESTRICTIONS. 1.  NO
 FLAVORED SMOKELESS TOBACCO PRODUCT OR COMPONENT MAY BE SOLD  WITHIN  ONE
 THOUSAND  FEET  OF  ANY  PUBLIC  OR PRIVATE SCHOOL. FOR PURPOSES OF THIS
 SUBDIVISION, THE TERM "FLAVORED SMOKELESS TOBACCO" SHALL MEAN ANY SMOKE-
 LESS TOBACCO PRODUCT CONTAINING, MADE OF, OR  DERIVED  FROM  TOBACCO  OR
 NICOTINE  THAT  CONTAINS  A  CONSTITUENT  THAT  IMPARTS A CHARACTERIZING
 FLAVOR.
   2. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN STRAIGHT LINES FROM THE NEAREST POINT OF THE  PROPERTY  LINE  OF  THE
 PARCEL  ON WHICH THE SCHOOL IS LOCATED TO THE NEAREST POINT OF THE PROP-
 ERTY LINE OF THE PARCEL ON WHICH THE BUSINESS IS LOCATED.
   3. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
 ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE  OF
 SECTION TWELVE OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14082-01-9

2019-A8911A - Details

See Senate Version of this Bill:
S7068
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1887, S1021
2023-2024: A699, S4477
2025-2026: A77, S5613

2019-A8911A - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2019-A8911A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8911--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 30, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee  on Health -- recommitted to the Committee on Health in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
   public or private school
 
   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-cc-1 to read as follows:
   §  1399-CC-1. SALE OF FLAVORED SMOKELESS TOBACCO; RESTRICTIONS. 1.  NO
 FLAVORED SMOKELESS TOBACCO PRODUCT OR COMPONENT MAY BE SOLD WITHIN  FIVE
 HUNDRED  FEET  OF  ANY  PUBLIC  OR  PRIVATE SCHOOL. FOR PURPOSES OF THIS
 SUBDIVISION, THE TERM "FLAVORED SMOKELESS TOBACCO" SHALL MEAN ANY SMOKE-
 LESS TOBACCO PRODUCT CONTAINING, MADE OF, OR  DERIVED  FROM  TOBACCO  OR
 NICOTINE  THAT  CONTAINS  A  CONSTITUENT  THAT  IMPARTS A CHARACTERIZING
 FLAVOR.
   2. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN STRAIGHT LINES FROM THE NEAREST POINT OF THE  PROPERTY  LINE  OF  THE
 PARCEL  ON WHICH THE SCHOOL IS LOCATED TO THE NEAREST POINT OF THE PROP-
 ERTY LINE OF THE PARCEL ON WHICH THE BUSINESS IS LOCATED.
   3. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS
 ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN SUBDIVISION ONE  OF
 SECTION TWELVE OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14082-04-0

2019-A8911B (ACTIVE) - Details

See Senate Version of this Bill:
S7068
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1887, S1021
2023-2024: A699, S4477
2025-2026: A77, S5613

2019-A8911B (ACTIVE) - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2019-A8911B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8911--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 30, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee  on Health -- recommitted to the Committee on Health in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
   public or private school
 
   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-cc-1 to read as follows:
   §  1399-CC-1. SALE OF FLAVORED SMOKELESS TOBACCO; RESTRICTIONS. 1.  NO
 FLAVORED SMOKELESS TOBACCO PRODUCT OR COMPONENT MAY BE SOLD WITHIN  FIVE
 HUNDRED  FEET  OF  ANY  PUBLIC  OR  PRIVATE SCHOOL. FOR PURPOSES OF THIS
 SUBDIVISION, THE TERM "FLAVORED SMOKELESS TOBACCO" SHALL MEAN ANY SMOKE-
 LESS TOBACCO PRODUCT CONTAINING, MADE OF, OR  DERIVED  FROM  TOBACCO  OR
 NICOTINE THAT IS INTENDED TO BE PLACED BY THE CONSUMER IN AN ORAL CAVITY
 AND CONTAINS A CONSTITUENT THAT IMPARTS A CHARACTERIZING FLAVOR. FOR THE
 PURPOSES  OF THIS SECTION, THE TERM "CHARACTERIZING FLAVOR" SHALL MEAN A
 DISTINGUISHABLE TASTE OR AROMA, OTHER THAN THE TASTE OR AROMA OF  TOBAC-
 CO, IMPARTED EITHER PRIOR TO OR DURING CONSUMPTION OF A TOBACCO PRODUCT,
 INCLUDING  BUT  NOT  LIMITED TO, TASTES OR AROMAS RELATING TO ANY FRUIT,
 CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,  DESSERT,  ALCOHOLIC  BEVERAGE,
 MINT,  WINTERGREEN,  HERB, SPICE, OR MENTHOL, OR ANY CONCEPT FLAVOR THAT
 IMPARTS A TASTE OR AROMA THAT IS DISTINGUISHABLE FROM TOBACCO FLAVOR BUT
 MAY NOT RELATE TO ANY PARTICULAR KNOWN FLAVOR.
   2. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN STRAIGHT LINES FROM THE NEAREST POINT OF THE  PROPERTY  LINE  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14082-05-0

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