senate Bill S6809B

2019-2020 Legislative Session

Relates to prohibiting the retail sale of flavored tobacco products and accessories

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 30, 2020 print number 6809b
Sep 30, 2020 amend (t) and recommit to health
Mar 04, 2020 print number 6809a
Mar 04, 2020 amend and recommit to health
Jan 08, 2020 referred to health
Oct 25, 2019 referred to rules

Co-Sponsors

S6809 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L

S6809 - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

S6809 - Sponsor Memo

S6809 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6809
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale and distribution of flavored tobacco products and accessories
 
   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  AND DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS AND
 ACCESSORIES PROHIBITED. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM
 "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR AROMA,
 OTHER THAN THE TASTE OR AROMA OF TOBACCO, 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. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIB-
 UTE TOBACCO PRODUCTS WITH A CHARACTERIZING FLAVOR  OR  ACCESSORIES  THAT
 IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT IN THIS STATE.
   3.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY OTHER  THAN  A  MANUFACTURER  THAT
 VIOLATES  THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL TOBACCO PRODUCT OR
 ACCESSORY WITH A CHARACTERIZING FLAVOR THAT IS FOUND TO HAVE BEEN  SOLD,
 OFFERED  FOR  SALE,  OR  DISTRIBUTED  IN  VIOLATION  OF  THIS SECTION. A
 MANUFACTURER SHALL BE SUBJECT TO A CIVIL PENALTY  NOT  TO  EXCEED  FIFTY
 THOUSAND  DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S TOBACCO
 PRODUCTS OR ACCESSORIES THAT IS FOUND TO HAVE  BEEN  SOLD,  OFFERED  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S6809A - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L

S6809A - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

S6809A - Sponsor Memo

S6809A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6809--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules  --  recommitted  to  the  Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   sale and distribution of flavored tobacco products and accessories
 
   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  AND DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS AND
 ACCESSORIES PROHIBITED. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM
 "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR AROMA,
 OTHER THAN THE TASTE OR AROMA OF TOBACCO, 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. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIB-
 UTE TOBACCO PRODUCTS WITH A CHARACTERIZING FLAVOR  OR  ACCESSORIES  THAT
 IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT IN THIS STATE.
   3.  ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED LIABILITY
 COMPANY, CORPORATION, OR OTHER ENTITY OTHER  THAN  A  MANUFACTURER  THAT
 VIOLATES  THE  PROVISIONS  OF THIS SECTION SHALL BE SUBJECT TO A FINE OF
 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL TOBACCO PRODUCT OR
 ACCESSORY WITH A CHARACTERIZING FLAVOR THAT IS FOUND TO HAVE BEEN  SOLD,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S6809B (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L

S6809B (ACTIVE) - Summary

Prohibits the retail sale of flavored tobacco products and accessories and imposes a fine of not more than five hundred dollars for each infraction.

S6809B (ACTIVE) - Sponsor Memo

S6809B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6809--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, CARLUCCI, KRUEGER, SANDERS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Rules  --  recommitted  to  the  Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  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
   retail sale of flavored tobacco products and accessories
 
   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. RETAIL SALE OF FLAVORED TOBACCO PRODUCTS AND  ACCESSORIES
 PROHIBITED.  1. FOR THE PURPOSES OF THIS SECTION, THE TERM "CHARACTERIZ-
 ING FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, OTHER THAN  THE
 TASTE  OR  AROMA OF TOBACCO, IMPARTED EITHER PRIOR TO OR DURING CONSUMP-
 TION 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 DISTINGUISH-
 ABLE FROM TOBACCO FLAVOR BUT MAY NOT  RELATE  TO  ANY  PARTICULAR  KNOWN
 FLAVOR.
   2.  NO  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY COMPANY, CORPORATION, OR OTHER  ENTITY  LICENSED  PURSUANT  TO
 ARTICLE  TWENTY  OF THE TAX LAW, OR EMPLOYEE OF SUCH ENTITIES SHALL SELL
 OR OFFER FOR RETAIL SALE TOBACCO PRODUCTS WITH A  CHARACTERIZING  FLAVOR
 OR  ACCESSORIES THAT IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT
 IN THIS STATE.
   3. ANY  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY  COMPANY,  CORPORATION,  OR OTHER ENTITY  LICENSED PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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