Senate Bill S4477A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health 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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Bill Amendments

2023-S4477 - Details

See Assembly Version of this Bill:
A699
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7068, A8911
2021-2022: S1021, A1887

2023-S4477 - 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-S4477 - Sponsor Memo

2023-S4477 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4477
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 MAY  SUBMIT  A  COMPLAINT  TO  AN  ENFORCEMENT  OFFICER REPORTING THAT A
 VIOLATION OF THIS SECTION HAS OCCURRED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
              

2023-S4477A (ACTIVE) - Details

See Assembly Version of this Bill:
A699
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7068, A8911
2021-2022: S1021, A1887

2023-S4477A (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-S4477A (ACTIVE) - Sponsor Memo

2023-S4477A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4477--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   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.
                                                            LBD00770-03-4
 S. 4477--A                          2
              

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