Senate Bill S10401

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10401
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 the removal of
   billboard advertisements related to the promotion of tobacco products,
   alternative nicotine products, vapor products, alcoholic beverages  or
   gambling or sports wagering services

   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. BILLBOARD ADVERTISING OF ALCOHOL,  TOBACCO,  NICOTINE  AND
 GAMBLING  PROHIBITED.  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BILLBOARD ADVERTISEMENT" MEANS ANY  OUTDOOR  ADVERTISING  DISPLAY
 VISIBLE  FROM  A  PUBLIC ROADWAY, SIDEWALK, PARK, OR OTHER PUBLIC PLACE,
 INCLUDING STATIC AND DIGITAL BILLBOARDS.
   (B) "DIGITAL BILLBOARD" MEANS A ONE OR MULTI-SIDED OUTDOOR ADVERTISING
 SIGN THAT DISPLAYS DIGITAL IMAGES USING LIGHT-EMITTING DIODE  TECHNOLOGY
 OR ANY SUCH SIMILAR TECHNOLOGY.
   (C)  "TOBACCO  PRODUCTS"  SHALL  HAVE  THE  SAME MEANING AS DEFINED IN
 SUBDIVISION FIVE OF  SECTION  THIRTEEN  HUNDRED  NINETY-NINE-AA  OF  THE
 PUBLIC HEALTH LAW.
   (D)  "ALTERNATIVE  NICOTINE PRODUCT" MEANS ANY NONCOMBUSTIBLE PRODUCT,
 OTHER THAN VAPOR PRODUCTS, WHICH CONTAINS NICOTINE BUT NOT  TOBACCO  AND
 IS  INTENDED FOR HUMAN CONSUMPTION, WHETHER CHEWED, ABSORBED, DISSOLVED,
 OR INGESTED BY ANY OTHER MEANS. "ALTERNATIVE NICOTINE PRODUCT" SHALL NOT
 INCLUDE ANY PRODUCT REGULATED AS A DRUG OR DEVICE BY THE U.S.  FOOD  AND
 DRUG  ADMINISTRATION  (FDA) UNDER CHAPTER V (21 U.S.C. § 351 ET SEQ.) OF
 THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. THE TERM "UNIT" AS IT  RELATES
 TO ALTERNATIVE NICOTINE PRODUCTS MEANS ANY CANNISTER, PACK, BOX, CARTON,
 OR  CONTAINER  OF  ANY  KIND OR, IF NO OTHER CONTAINER, ANY WRAPPING, IN
 WHICH AN ALTERNATIVE NICOTINE PRODUCT IS  OFFERED  FOR  SALE,  SOLD,  OR
 OTHERWISE DISTRIBUTED TO CONSUMERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15845-01-6
              

 S. 10401                            2
 
   (E)  "VAPOR PRODUCTS" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI-
 VISION SEVENTEEN OF  SECTION  THIRTEEN  HUNDRED  NINETY-NINE-AA  OF  THE
 PUBLIC HEALTH LAW.
   (F)  "ALCOHOLIC  BEVERAGE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION ONE OF SECTION THREE OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
   (G) "GAMBLING  OR  SPORTS  WAGERING  SERVICES"  SHALL  INCLUDE  CASINO
 GAMING,   SPORTS   WAGERING,   PARI-MUTUEL   WAGERING,  FANTASY  SPORTS,
 LOTTERIES, SWEEPSTAKES INVOLVING CONSIDERATION  AND  PRIZE,  BOOKMAKING,
 WAGERING  POOLS,  BETTING  EXCHANGES,  INTERACTIVE GAMING, AND ANY OTHER
 ACTIVITY INVOLVING THE PLACEMENT OR FACILITATION OF WAGERS OR  BETS  FOR
 MONEY OR ANYTHING OF VALUE.
   2.  ON  OR  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION, ANY BILLBOARD
 ADVERTISEMENT  THAT  PROMOTES  TOBACCO  PRODUCTS,  ALTERNATIVE  NICOTINE
 PRODUCTS,  VAPOR  PRODUCTS,  ALCOHOLIC  BEVERAGES  OR GAMBLING OR SPORTS
 WAGERING SERVICES SHALL BE REMOVED EXACTLY UPON  THE  LAST  DAY  OF  THE
 ADVERTISING CONTRACT FOR SUCH BILLBOARD ADVERTISEMENT.
   3. UPON THE REMOVAL OF SUCH BILLBOARD ADVERTISEMENT PURSUANT TO SUBDI-
 VISION  TWO  OF THIS SECTION, A PUBLIC SERVICE ANNOUNCEMENT FROM A STATE
 OR CITY ENTITY ABOUT THE HEALTH HARMS  OF  THE  SAME  PRODUCT  THAT  WAS
 REMOVED  SHALL  BE  INSERTED  IN  ITS  PLACE  ON SUCH BILLBOARD IF A NEW
 CONTRACTED CAMPAIGN IS NOT AVAILABLE, UNTIL THE START DATE OF A NEW PAID
 ADVERTISING CONTRACT WITH A NEW VENDOR.
   § 2. This act shall take effect immediately.