Assembly Bill A8808B

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A8808 - Details

See Senate Version of this Bill:
S6809
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: A3499, S84
2023-2024: A3907, S2441

2019-A8808 - 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.

2019-A8808 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8808
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Health
 
 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

2019-A8808A - Details

See Senate Version of this Bill:
S6809
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: A3499, S84
2023-2024: A3907, S2441

2019-A8808A - 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.

2019-A8808A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8808--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT,
   GRIFFIN, JEAN-PIERRE,  SEAWRIGHT,  DICKENS,  SIMON,  JAFFEE,  EPSTEIN,
   GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once
   and  referred to the Committee on Health -- recommitted to the Commit-
   tee 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A8808B (ACTIVE) - Details

See Senate Version of this Bill:
S6809
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: A3499, S84
2023-2024: A3907, S2441

2019-A8808B (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.

2019-A8808B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8808--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT,
   GRIFFIN, JEAN-PIERRE,  SEAWRIGHT,  DICKENS,  SIMON,  JAFFEE,  EPSTEIN,
   GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once
   and  referred to the Committee on Health -- recommitted to the Commit-
   tee 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 amend-
   ments, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13933-08-0

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