S T A T E O F N E W Y O R K
________________________________________________________________________
4374
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
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Introduced by M. of A. ABINANTI, PAULIN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of flavored tobacco products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares that there has been a proliferation of flavored tobacco
products in recent years. Many of these products have fruit, chocolate
or other flavors that are particularly attractive to children. According
to public health experts, children are more likely to choose flavored
tobacco products when they start using tobacco, and thus the existence
of these products increases the incidence of tobacco use among children.
Moreover, the earlier that an individual begins using tobacco, the more
likely he or she will become addicted to tobacco products and will
continue to use them throughout his or her lifetime. As a result,
flavored tobacco products result in increased tobacco use, increased
addiction, a greater incidence of tobacco-related illnesses, increased
health care costs, and more tobacco-related deaths. In 2009, the United
States Congress enacted legislation prohibiting the sale of flavored
cigarettes, but such action does not apply to other tobacco products.
The legislature, therefore, finds and declares that flavored tobacco
products, like flavored cigarettes, present a significant threat to
public health, and that the sale of flavored tobacco products must be
prohibited.
§ 2. Article 13-F of the public health law is amended by adding a new
section 1399-aa-1 to read as follows:
§ 1399-AA-1. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 1. NO
PERSON SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY TOBACCO PRODUCT,
AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY OF THE TAX
LAW, OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT LIMITED TO, THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01694-01-1
A. 4374 2
TOBACCO, PAPER, ROLL OR FILTER, WHICH CONTAINS A NATURAL OR ARTIFICIAL
CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO
HAVE A CHARACTERIZING FLAVOR.
2. FOR THE PURPOSES OF THIS SECTION, THE PHRASE "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 FLAVORING, BUT SHALL NOT INCLUDE
TOBACCO, MENTHOL, MINT, OR WINTERGREEN. IN NO EVENT SHALL A TOBACCO
PRODUCT OR ANY COMPONENT PART THEREOF, INCLUDING, BUT NOT LIMITED TO,
THE TOBACCO, PAPER, ROLL OR FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
FLAVOR BASED SOLELY ON THE USE OF ADDITIVES OR FLAVORINGS, OR THE
PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
3. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS FOR EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD OR OFFERED
FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FIFTY THOUSAND DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S
TOBACCO PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN
VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION DURING ANY THIRTY
DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT TO A MANUFACTURER, IT
SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSUANT TO
THIS SECTION THAT SUCH SALE OR OFFER OF SALE, AS APPLICABLE, OCCURRED
WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION AND INVOLVEMENT, DIRECT OR
INDIRECT, OF SUCH MANUFACTURER. VIOLATIONS 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 THAT A VIOLATION OF THIS SECTION HAS OCCURRED. THE PROVISIONS
OF THIS SECTION SHALL NOT BE CONSTRUED TO RESTRICT LOCAL JURISDICTIONS
FROM ENACTING MORE STRINGENT LAWS, RULES OR REGULATIONS REGARDING THE
SUBJECT MATTER REFERENCED IN THIS SECTION.
4. THE PROHIBITIONS CONTAINED IN SUBDIVISION ONE OF THIS SECTION SHALL
NOT APPLY TO A CIGAR BAR AS DEFINED IN SUBDIVISION FIVE OF SECTION THIR-
TEEN HUNDRED NINETY-NINE-Q OF THIS CHAPTER, PROVIDED SUCH BUSINESS DOES
NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD.
§ 3. This act shall take effect on the one hundred fiftieth day after
it shall have become a law. Effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.