NY State Senate Bill 2019-S3406

Senate Bill S3406

2019-2020 Legislative Session

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

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

View Actions

	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

- Apr 30, 2019 - Consumer Protection Committee Vote
  S3406
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Apr 30, 2019
      
      aye (7)
      
      Comrie
      
      Jacobs
      
      Kavanagh
      
      Myrie
      
      Ramos
      
      Tedisco
      
      Thomas

co-Sponsors

2019-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

2019-S3406 (ACTIVE) - Summary

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

2019-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.

2019-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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Senate Bill S3406

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Sponsored By

Anna M. Kaplan