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Assembly Bill A77

2025-2026 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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2025-A77 (ACTIVE) - Details

See Senate Version of this Bill:
S5613
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
2023-2024: A699, S4477

2025-A77 (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.

2025-A77 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    77
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, GLICK, SIMON, ROSENTHAL -- read once
   and referred 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 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00899-01-5

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