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Assembly Bill A699A

2023-2024 Legislative Session

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2023-A699 - Details

See Senate Version of this Bill:
S4477
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8911, S7068
2021-2022: A1887, S1021
2025-2026: A77, S5613

2023-A699 - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2023-A699 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    699
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
   public or private school
 
   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. SALE OF FLAVORED SMOKELESS TOBACCO; RESTRICTIONS. 1.  NO
 FLAVORED SMOKELESS TOBACCO PRODUCT OR COMPONENT MAY BE SOLD WITHIN  FIVE
 HUNDRED  FEET  OF  ANY  PUBLIC  OR  PRIVATE SCHOOL. FOR PURPOSES OF THIS
 SUBDIVISION, THE TERM "FLAVORED SMOKELESS TOBACCO" SHALL MEAN ANY SMOKE-
 LESS TOBACCO PRODUCT CONTAINING, MADE OF, OR  DERIVED  FROM  TOBACCO  OR
 NICOTINE THAT IS INTENDED TO BE PLACED BY THE CONSUMER IN AN ORAL CAVITY
 AND CONTAINS A CONSTITUENT THAT IMPARTS A CHARACTERIZING FLAVOR. FOR THE
 PURPOSES  OF THIS SECTION, THE TERM "CHARACTERIZING FLAVOR" SHALL MEAN A
 DISTINGUISHABLE TASTE OR AROMA, OTHER THAN THE TASTE OR AROMA OF  TOBAC-
 CO, IMPARTED EITHER PRIOR TO OR DURING CONSUMPTION 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 DISTINGUISHABLE FROM TOBACCO FLAVOR BUT
 MAY NOT RELATE TO ANY PARTICULAR KNOWN FLAVOR.
   2. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN STRAIGHT LINES FROM THE NEAREST POINT OF THE  PROPERTY  LINE  OF  THE
 PARCEL  ON WHICH THE SCHOOL IS LOCATED TO THE NEAREST POINT OF THE PROP-
 ERTY LINE OF THE PARCEL ON WHICH THE BUSINESS IS LOCATED.
   3. VIOLATIONS OF THIS SECTION SHALL BE ENFORCED  PURSUANT  TO  SECTION
 THIRTEEN  HUNDRED NINETY-NINE-FF OF THIS ARTICLE, EXCEPT THAT ANY PERSON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00770-01-3
 A. 699                              2

co-Sponsors

2023-A699A (ACTIVE) - Details

See Senate Version of this Bill:
S4477
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8911, S7068
2021-2022: A1887, S1021
2025-2026: A77, S5613

2023-A699A (ACTIVE) - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2023-A699A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  699--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. DINOWITZ, GLICK, SIMON -- read once and referred
   to the Committee on Health -- recommitted to the Committee  on  Health
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN  ACT  to  amend the public health law, in relation to prohibiting the
   sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
   public or private elementary or secondary school
 
   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. SALE OF FLAVORED SMOKELESS TOBACCO; RESTRICTIONS. 1.  NO
 FLAVORED SMOKELESS TOBACCO PRODUCT OR COMPONENT MAY BE SOLD WITHIN  FIVE
 HUNDRED  FEET  OF  ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL.
 FOR PURPOSES OF THIS SUBDIVISION, THE TERM "FLAVORED SMOKELESS  TOBACCO"
 SHALL MEAN ANY SMOKELESS TOBACCO PRODUCT CONTAINING, MADE OF, OR DERIVED
 FROM  TOBACCO  OR NICOTINE THAT IS INTENDED TO BE PLACED BY THE CONSUMER
 IN AN ORAL CAVITY AND CONTAINS A CONSTITUENT THAT IMPARTS A CHARACTERIZ-
 ING FLAVOR. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "CHARACTERIZING
 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. THE MEASUREMENTS IN SUBDIVISION ONE OF THIS SECTION ARE TO BE TAKEN
 IN STRAIGHT LINES FROM THE NEAREST POINT OF THE  PROPERTY  LINE  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00770-02-4
 A. 699--A                           2

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