The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3499
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced   by  M.  of  A.  BICHOTTE HERMELYN,  L. ROSENTHAL,  GRIFFIN,
   JEAN-PIERRE, SEAWRIGHT,  DICKENS,  SIMON,  EPSTEIN,  GALEF,  DINOWITZ,
   GLICK,  GOTTFRIED,  STECK,  JACOBSON  -- read once and referred to the
   Committee on Health
 
 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.
   3.  ANY  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED
 LIABILITY COMPANY, CORPORATION, OR OTHER ENTITY   LICENSED  PURSUANT  TO
 ARTICLE  TWENTY  OF  THE  TAX  LAW  THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN  FIVE  HUNDRED
 DOLLARS.   COMPLAINTS ALLEGING VIOLATIONS OF THIS SECTION MAY BE SUBMIT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02653-01-1

 A. 3499                             2
 
 TED TO PERSONNEL DESIGNATED PURSUANT TO SECTION THIRTEEN  HUNDRED  NINE-
 TY-NINE-FF OF THIS ARTICLE, EXCEPT THAT SUCH COMPLAINTS MAY BE SUBMITTED
 BY ANY PERSON.
   4.  NOTWITHSTANDING  ANY  LAW  TO  THE CONTRARY, NO ENFORCEMENT AGENT,
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MAY STOP,
 QUESTION, SEARCH OR ARREST ANY PERSON: (A) ON GROUNDS OF OR IN  RELATION
 TO  POSSESSION,  CONSUMPTION  OR PURCHASE OF ANY PRODUCT SUBJECT TO THIS
 SECTION; OR (B) FOR THE PURPOSE OF INQUIRING OR DETERMINING HOW OR  FROM
 WHAT  PERSON  OR  ENTITY THE PERSON OBTAINED ANY PRODUCT SUBJECT TO THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized to be made on or before
 such date.