The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3907
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE HERMELYN, L. ROSENTHAL, JEAN-PIERRE,
   SEAWRIGHT, DICKENS, SIMON, EPSTEIN, DINOWITZ, GLICK, STECK,  JACOBSON,
   MEEKS, ZINERMAN, JACKSON -- 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.
                                                            LBD02207-01-3

 A. 3907                             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  and
 completed on or before such date.