NY State Senate Bill 2021-S383

Senate Bill S383

2021-2022 Legislative Session

Prohibits advertisements for electronic cigarettes, vapor products and tobacco products 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 07, 2022	print number 383a
Apr 07, 2022	amend (t) and recommit to consumer protection
Jan 05, 2022	referred to consumer protection
Jan 06, 2021	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S383 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-aaaa, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S3406

2021-S383 - Summary

Prohibits advertisements for electronic cigarettes, vapor products and tobacco products within five hundred feet of a school or park.

2021-S383 - Sponsor Memo

                                
 
BILL NUMBER: S383

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:

S. 3406/A. 7275 of 2019/20; Advanced to Third Reading

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S383 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    383
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, SERRANO -- 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-aaaa to read as follows:
   § 396-AAAA. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00773-01-1

 S. 383                              2
 
 EGRESS TO THE BUILDING OR STRUCTURE BY  THE  PUBLIC;  EXCEPT  THAT  SUCH
 ADVERTISEMENT  MAYBE  PLACED  OR  MAINTAINED IN THE INTERIOR OF ANY SUCH
 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.

co-Sponsors

2021-S383A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §396-aaaa, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S3406

2021-S383A (ACTIVE) - Summary

Prohibits advertisements for electronic cigarettes, vapor products and tobacco products within five hundred feet of a school or park.

2021-S383A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S383A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting adver-
tisements for electronic cigarettes, vapor products and tobacco products
within five hundred feet of a school or park

 
PURPOSE:

To prohibit advertisements of smoking paraphernalia, tobacco products,
electronic cigarettes, or vapor products within five hundred feet of a
school or park.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law to prohibit the advertisement of
500 feet of a school or park. Current law is 500 feet from a school in
NYC, 1,500 outside of NYC.

Section 2 is the effective date.

 
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:

S. 3406/A. 7275 of 2019/20; Advanced to Third Reading

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S383A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  383--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, SERRANO -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation to prohibiting adver-
   tisements  for  electronic  cigarettes,  vapor  products  and  tobacco
   products 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. Paragraph (a) of subdivision 2 of section 1399-dd-1 of  the
 public  health  law,  as added by section 13 of part EE of chapter 56 of
 the laws of 2020, is amended to read as follows:
   (a) No person,  corporation,  partnership,  sole  proprietor,  limited
 partnership,  association  or any other business entity may place, cause
 to be placed, maintain or to cause to be maintained,  smoking  parapher-
 nalia  or  tobacco  product,  electronic  cigarette,  or  vapor  product
 intended or reasonably expected to be used with or for  the  consumption
 of  nicotine  advertisements  in a store front or exterior window or any
 door which is used for entry or egress by the public to the building  or
 structure  containing  a  place  of  business within [one thousand] five
 hundred feet of a school[, provided  that  within  New  York  city  such
 prohibitions  shall  only apply within five hundred feet of a school] OR
 PARK.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00773-02-2

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Senate Bill S383

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Sponsored By

Anna M. Kaplan

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

Bill Amendments

co-Sponsors

Jose M. Serrano

2021-S383 - Details

2021-S383 - Summary

2021-S383 - Sponsor Memo

2021-S383 - Bill Text download pdf

co-Sponsors

Jose M. Serrano

2021-S383A (ACTIVE) - Details

2021-S383A (ACTIVE) - Summary

2021-S383A (ACTIVE) - Sponsor Memo

2021-S383A (ACTIVE) - Bill Text download pdf

Comments