NY State Senate Bill 2019-S2001

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to health
Jan 18, 2019	referred to health

co-Sponsors

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2019-S2001 (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§1399-aa & 1399-bb, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S5266

2019-S2001 (ACTIVE) - Summary

Prohibits the low-cost or no-cost promotion of flavored electronic cigarettes by any entity other than a manufacturer.

2019-S2001 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2001

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend public health law, in relation to the sale of flavored
electronic cigarettes at low or no cost

 
PURPOSE:

To ban the sale of flavored e-cigarettes

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law section 1399-aa by
adding a new subdivision 14 to define "flavored electronic cigarette" or
"flavored e-cigarette" as an electronic cigarette or e-cigarette that
contains a characterizing flavor in any of its component parts, and adds
a new subdivision 15 to define "characterizing flavor" as a distinguish-
able taste or aroma, including but not limited to any fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or

spice flavoring, but shall not include tobacco, clove, or menthol.

Section 2 of the bill amends the public health law section 1399-bb by
adding new subdivisions 5, 6, and 7 stating that no person, either
directly or indirectly by an agent or employee of such person, or by a
vending machine owned by or located in an establishment owned by such
person, shall offer for sale, distribute for commercial purposes at no
cost or minimal cost or with coupons or rebate offers, give or furnish,
to a person in this state any flavored electronic cigarette.  It also
sets forth penalties and enforcement pursuant to this article.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

The use of e-cigarettes has exploded in recent years. Startlingly, as
the traditional smoking rate among high school students in New York
continues to fall to historic lows (4.3% in 2016 down from 7.3% in 2014
and 27.1% in 2000), the rate of e-cigarette use among high school
students has nearly doubled in two years - from 10.5% in 2014 to 20.6 in
2016, according to a study by the New York State Department of Health.
Young people are picking up an e-cigarette habit at a young age which
could potentially lead to livelong habits of smoking e-cigarettes or
traditional cigarettes.

While e-cigarettes are often marketed as a safe alternative to tradi-
tional cigarettes, little is known about the products and their health
impacts. They often contain nicotine and other known carcinogens and
toxic chemicals. Cartridges that accompany e-cigarettes are often
flavored to make the product more appealing, with common flavors includ-
ing fruits, chocolate, vanilla, honey, candy, cocoa, desserts, alcoholic
beverages, and herb or spice flavoring. The flavors, are documented to
be appealing to young people.

Research on the health impacts of e-cigarettes has been limited to date,
though preliminary studies are alarming. A study by the Harvard T.H.
Chan School of Public Health published in December 2015 looked at the
flavoring chemicals in 51 popular e-cigarette flavors considered appeal-
ing to youth. Diacetyl was detected above the laboratory limit of
detection in 39 of the 51 flavors tested.  Diacetyl has been linked to
the irreversible lung disease bronchiolitis obliterans, commonly known
as "popcorn lung" due to its presence in flavored microwave popcorn
butter. In 2000, a high-profile outbreak of the disease at a microwave
popcorn factory in Missouri resulted in popcorn companies removing the
chemical from its products. High levels of diacetyl, 2,3-pentanedione,
and acetoin were found in 47 of the 51 study samples total. The study
recommended urgent action to further evaluate widespread exposure to
diactyl.

This bill would ban the sale of flavored e-cigarettes in New York to
protect public health and dissuade young people from picking up a
dangerous habit.

In 2009, the federal government took a similar step by placing on ban on
flavored cigarettes. New York City currently has a ban on flavored
tobacco products.

 
LEGISLATIVE HISTORY:

S.5266 of 2017-2018 (Hoylman): Died in Health

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S2001 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2001
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, KAMINSKY, MAYER, PARKER, SERRANO, STAVISKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend public health law, in relation to the sale  of  flavored
   electronic cigarettes at low or no cost

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-aa of the public  health  law  is  amended  by
 adding two new subdivisions 14 and 15 to read as follows:
   14. "FLAVORED ELECTRONIC CIGARETTE" OR "FLAVORED E-CIGARETTE" MEANS AN
 ELECTRONIC  CIGARETTE OR E-CIGARETTE, AS DEFINED IN SUBDIVISION THIRTEEN
 OF THIS SECTION THAT CONTAINS A CHARACTERIZING  FLAVOR  IN  ANY  OF  ITS
 COMPONENT PARTS.
   15.  "CHARACTERIZING  FLAVOR"  SHALL  MEAN  A DISTINGUISHABLE TASTE OR
 AROMA, INCLUDING BUT NOT LIMITED  TO:  ANY  FRUIT;  CHOCOLATE;  VANILLA;
 HONEY; CANDY; COCOA; DESSERT; ALCOHOLIC BEVERAGE; HERB; OR SPICE FLAVOR-
 ING, BUT SHALL NOT INCLUDE: TOBACCO; CLOVE; OR MENTHOL.
   §  2.  Section 1399-bb of the public health law, as amended by chapter
 508 of the laws of 2000, the section heading and subdivisions 4 and 5 as
 amended by chapter 4 of the laws of 2018, subdivision 2  as  amended  by
 chapter 13 of the laws of 2003, is amended to read as follows:
   § 1399-bb. Distribution of tobacco products, FLAVORED electronic ciga-
 rettes  or herbal cigarettes without charge. 1. No person engaged in the
 business of selling or otherwise distributing tobacco products or herbal
 cigarettes for commercial purposes, or any agent  or  employee  of  such
 person, shall knowingly, in furtherance of such business:
   (a)  distribute  without  charge  any tobacco products or herbal ciga-
 rettes to any individual, provided that the distribution  of  a  package
 containing  tobacco  products  or herbal cigarettes in violation of this
 subdivision shall constitute a single violation without  regard  to  the
 number of items in the package; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07657-01-9

 S. 2001                             2
 
   (b)  distribute  coupons  which are redeemable for tobacco products or
 herbal cigarettes to any  individual,  provided  that  this  subdivision
 shall  not  apply to coupons contained in newspapers, magazines or other
 types of publications, coupons obtained through the purchase of  tobacco
 products or herbal cigarettes or obtained at locations which sell tobac-
 co  products  or  herbal  cigarettes  provided that such distribution is
 confined to a designated area or to coupons sent through the mail.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:
   (a) private social functions when seating arrangements are  under  the
 control  of  the  sponsor  of  the function and not the owner, operator,
 manager or person in charge of such indoor area;
   (b) conventions and trade shows; provided  that  the  distribution  is
 confined  to  designated areas generally accessible only to persons over
 the age of eighteen;
   (c) events sponsored by  tobacco  or  herbal  cigarette  manufacturers
 provided that the distribution is confined to designated areas generally
 accessible only to persons over the age of eighteen;
   (d)  bars  as  defined  in subdivision one of section thirteen hundred
 ninety-nine-n of this chapter;
   (e) tobacco businesses as defined  in  subdivision  eight  of  section
 thirteen hundred ninety-nine-aa of this article;
   (f)  factories  as  defined  in  subdivision  nine of section thirteen
 hundred ninety-nine-aa of this article and construction sites;  provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of eighteen.
   3. No person shall distribute tobacco products or herbal cigarettes at
 the  locations  set  forth in paragraphs (b), (c) and (f) of subdivision
 two of this section unless such person gives five days written notice to
 the enforcement officer.
   4. No person engaged in the business of selling or otherwise  distrib-
 uting  electronic  cigarettes  for  commercial purposes, or any agent or
 employee of such person, shall knowingly, in furtherance of  such  busi-
 ness,  distribute  without charge any electronic cigarettes to any indi-
 vidual under eighteen years of age.
   5. The distribution of tobacco products or herbal cigarettes  pursuant
 to subdivision two of this section or the distribution without charge of
 electronic  cigarettes  shall  be  made only to an individual who demon-
 strates, through a driver's license or other photographic identification
 card issued by a government entity or educational institution indicating
 that the individual is at least eighteen years of age. Such  identifica-
 tion need not be required of any individual who reasonably appears to be
 at  least twenty-five years of age; provided, however, that such appear-
 ance shall not constitute a defense in any proceeding alleging the  sale
 of  a  tobacco  product, electronic cigarette or herbal cigarette or the
 distribution without charge of electronic cigarettes to an individual.
   6. NO PERSON, EITHER DIRECTLY OR INDIRECTLY BY AN AGENT OR EMPLOYEE OF
 SUCH PERSON, OR BY A VENDING MACHINE OWNED BY OR LOCATED  IN  AN  ESTAB-
 LISHMENT  OWNED  BY  SUCH PERSON, SHALL SELL, OFFER FOR SALE, DISTRIBUTE
 FOR COMMERCIAL PURPOSES AT NO COST OR MINIMAL COST OR  WITH  COUPONS  OR
 REBATE  OFFERS,  GIVE OR FURNISH, TO A PERSON IN THIS STATE ANY FLAVORED
 ELECTRONIC CIGARETTE AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-
 AA OF THIS ARTICLE.
   7. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
 SUBDIVISION SIX OF THIS SECTION SHALL BE SUBJECT TO  PENALTIES  PURSUANT
 TO SECTION THIRTEEN HUNDRED NINETY-NINE-EE OF THIS ARTICLE.

 S. 2001                             3
 
   8.  VIOLATIONS  OF  SUBDIVISION  SIX 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S2001

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S2001 (ACTIVE) - Details

2019-S2001 (ACTIVE) - Summary

2019-S2001 (ACTIVE) - Sponsor Memo

2019-S2001 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2001

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - Stricken

co-Sponsors

Todd Kaminsky

Anna M. Kaplan

Shelley B. Mayer

Kevin S. Parker

2019-S2001 (ACTIVE) - Details

2019-S2001 (ACTIVE) - Summary

2019-S2001 (ACTIVE) - Sponsor Memo

2019-S2001 (ACTIVE) - Bill Text download pdf

Comments