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Senate Bill S7068

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 Senate Committee Rules Committee

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2019-S7068 (ACTIVE) - Details

See Assembly Version of this Bill:
A8911
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1021, A1887
2023-2024: S4477, A699
2025-2026: S5613, A77

2019-S7068 (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-S7068 (ACTIVE) - Sponsor Memo

2019-S7068 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7068
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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
 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.  VIOLATIONS  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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