NY State Senate Bill S3406

Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Jan 08, 2020	referred to consumer protection
Jun 20, 2019	committed to rules
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.548
Feb 06, 2019	referred to consumer protection

Votes

view votes

Apr 30, 2019 - Consumer Protection committee Vote

S3406

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S3406 (ACTIVE) - Details

See Assembly Version of this Bill:: A7275
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-aaa, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S383

S3406 (ACTIVE) - Summary

Prohibits advertisements for electronic cigarettes, liquid nicotine and hookah tobacco within five hundred feet of a school or park.

S3406 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3406

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the general business law, in relation
to prohibiting advertisements for electronic cigarettes, liquid nicotine
and hookah tobacco within five hundred feet of a school or park

 
PURPOSE:

To prohibit advertisements for electronic cigarettes, liquid nicotine
and hookah tobacco within five hundred feet of a school or park.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new section
396-aaa as described in the bill. Relating to the definition of "elec-
tronic cigarette", "liquid nicotine", "hookah tobacco", and the purposes
of their advertising.

Section 2 amends the general business law by prohibiting businesses by
advertising electronic cigarettes, liquid nicotine or hookah tobacco

within five hundred feet of a school or park, or in the interior of any
building within five hundred feet of a school or park which is within
five feet of any exterior window or door which is used as an entry or
egress to the building or structure by the public.

 
JUSTIFICATION:

Although the use of electronic cigarettes and liquid nicotine have been
advertised as a safe nicotine cessation product for adult smokers,
communities across New York State have seen a rise in electronic ciga-
rette use in those underage. According to a Centers for Disease Control
and Prevention report, 4.9% of middle schoolers had reported using an
electronic cigarette in the last 30 days, with 20.8% of high schoolers
responding the same. Nearly 9 out of 10 smokers report that they began
using nicotine before reaching the age of 18.

The rate in which electronic cigarette use in teenagers under the age of
18 continues to rise. From 2017 to 2018, use of these products increased
78 percent in high school students, and 48 percent amongst middle school
students, according to a study from the FDA. These products contain
liquid nicotine, which is unregulated by the FDA, and has been shown to
lead to greater nicotine dependence, along with significant respiratory
issues such as "popcorn lung" caused by diacetyl, a common ingredient in
liquid nicotine products.

Despite current bans on advertising for conventional cigarettes, elec-
tronic cigarette ads can be found in retail stores, television, maga-
zines, internet sources, and social media. The electronic cigarette
industry, largely owned by large tobacco companies, spend $125 million a
year advertising their products. A 2018 CDC study shows that middle and
high school students' exposure to e cigarette advertising increased from
68.9% (18.3 million) to 78.2% (20.5 million). As schools across the
state have expressed significant concern with nicotine use and depend-
ence from students, the prohibition on advertising for these products
near schools and parks will aid in decreasing influence that tobacco and
electronic cigarette manufacturers have on minors.

 
LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3406 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3406

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law,  in  relation  to  prohibiting
  advertisements  for  electronic cigarettes, liquid nicotine and hookah
  tobacco within five hundred feet of a school or park

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-aaa to read as follows:
  §  396-AAA.  PROHIBITION  OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR
HOOKAH TOBACCO ADVERTISEMENTS NEAR SCHOOLS AND PARKS. 1. FOR PURPOSES OF
THIS SECTION, THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
  A. "ELECTRONIC CIGARETTE" SHALL MEAN AN ELECTRONIC DEVICE THAT  DELIV-
ERS  VAPOR WHICH IS INHALED BY AN INDIVIDUAL USER, AND SHALL INCLUDE ANY
REFILL CARTRIDGE AND ANY OTHER COMPONENT OF SUCH A DEVICE;
  B. "LIQUID NICOTINE" SHALL MEAN A  LIQUID  COMPOSED  OF  NICOTINE  AND
OTHER  CHEMICALS  AND  WHICH IS SOLD AS A PRODUCT THAT MAY BE USED IN AN
ELECTRONIC CIGARETTE; AND
  C. "HOOKAH TOBACCO" SHALL MEAN ANY PRODUCT MADE PRIMARILY  OF  TOBACCO
OR  OTHER  LEAF,  OR  ANY  COMBINATION THEREOF, SMOKED OR INTENDED TO BE
SMOKED IN A HOOKAH OR WATER PIPE, INCLUDING SHISHA.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, CORPORATION,
PARTNERSHIP, SOLE PROPRIETOR, LIMITED PARTNERSHIP,  ASSOCIATION  OR  ANY
OTHER  BUSINESS  ENTITY  SHALL  ADVERTISE  OR PROVIDE IN ANY WAY FOR THE
ADVERTISEMENT OF ELECTRONIC CIGARETTES, LIQUID NICOTINE OR HOOKAH TOBAC-
CO IN ANY OUTDOOR AREA WITHIN FIVE HUNDRED FEET OF ANY PARK  OR  SCHOOL,
OR WITHIN THE INTERIOR OF ANY BUILDING OR STRUCTURE WHICH IS WITHIN FIVE
HUNDRED  FEET  OF  ANY  PARK OR SCHOOL WHEN SUCH ADVERTISEMENT IS WITHIN
FIVE FEET OF ANY EXTERIOR WINDOW OR ANY DOOR WHICH IS USED FOR ENTRY  OR
EGRESS  TO  THE  BUILDING  OR  STRUCTURE BY THE PUBLIC; EXCEPT THAT SUCH
ADVERTISEMENT MAYBE PLACED OR MAINTAINED IN THE  INTERIOR  OF  ANY  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09592-01-9

S. 3406                             2

PREMISES  WHERE  IT  IS  PARALLEL TO SUCH WINDOWS OR ENTRYWAYS AND FACES
INWARD OR ARE AFFIXED TO A WALL PANEL OR SIMILAR FIXTURE THAT IS PERPEN-
DICULAR TO SUCH WINDOW OR ENTRYWAY.
  3. ANY PERSON CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED PART-
NERSHIP,  ASSOCIATION  OR ANY OTHER BUSINESS ENTITY IN VIOLATION OF THIS
SECTION SHALL BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN  FIVE  HUNDRED
DOLLARS FOR A FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS FOR
A SECOND OR SUBSEQUENT VIOLATION.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S3406

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Votes

Apr 30, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 30, 2019

Co-Sponsors

S3406 (ACTIVE) - Details

S3406 (ACTIVE) - Summary

S3406 (ACTIVE) - Sponsor Memo

S3406 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Actions

Votes

Apr 30, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 30, 2019

Co-Sponsors

S3406 (ACTIVE) - Details

S3406 (ACTIVE) - Summary

S3406 (ACTIVE) - Sponsor Memo

S3406 (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

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