S T A T E O F N E W Y O R K
________________________________________________________________________
4557
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. BYRNE -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to restricting the
packaging and sale of confectionery and candy products
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-ff to read as follows:
§ 396-FF. RESTRICTIONS ON THE PACKAGING AND SALE OF CONFECTIONERY AND
CANDY PRODUCTS. 1. NO PERSON, FIRM OR CORPORATION SHALL MANUFACTURE,
SELL OR HOLD FOR SALE CONFECTIONERY OR CANDY PRODUCTS WHICH ARE MADE AS
A FACSIMILE OF A CIGARETTE, PIPE OR CIGAR AND ARE CLEARLY DESIGNED TO
SIMULATE OR MIMIC A TOBACCO PRODUCT.
2. NO PERSON, FIRM OR CORPORATION MANUFACTURING OR SELLING CONFECTION-
ERY OR CANDY PRODUCTS SHALL USE, FOR ADVERTISING OR PACKAGING PURPOSES,
ANY NAME, SYMBOL, DEVICE OR OTHER IDENTIFYING MARK WHICH IS SIMILAR TO
THE NAME, SYMBOL, DEVICE OR MARK USED IN ADVERTISING OR SALE OF A TOBAC-
CO PRODUCT.
3. VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE AN OFFENSE
PUNISHABLE BY A FINE NOT LESS THAN ONE HUNDRED DOLLARS NO MORE THAN FIVE
HUNDRED DOLLARS.
§ 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07972-01-1