Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 16, 2010 |
referred to health |
Senate Bill S6852
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last 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
Actions
2009-S6852 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9482
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Add Art 13-F ยง1399-aaa, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S5008, A288
2013-2014: A1179
2015-2016: A128
2017-2018: A277
2019-2020: A5088
2021-2022: A4374
2009-S6852 (ACTIVE) - Summary
Prohibits the sale of flavored tobacco products; violation by any person other than manufacturer constitutes fine of $100 for each individual package sold or offered for sale; provides for a civil penalty up to $50,000 for violations within a thirty day period for manufacturers.
2009-S6852 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6852 TITLE OF BILL : An act to amend the public health law, in relation to prohibiting the sale of flavored tobacco products PURPOSE : To prohibit the sale of flavored tobacco products such as cigars, chewing tobacco, snuff, and rolling paper in order to decrease the incidence of tobacco use among children SUMMARY OF PROVISIONS : Section one provides the legislative intent of the bill which states that flavored tobacco products are particularly attractive to children and increase the likelihood that children will become consumers of such products. Section two amends article 13-F of the public health law by adding a new section, 1399-aa, which provides that no person shall sell or offer for sale any tobacco product that has a characterizing flavor. "Characterizing flavor" is defined. Flavors such as tobacco itself, menthol, mint, and wintergreen are exceptions. Any person, other than a manufacturer, who violates the provisions of this bill, shall be
2009-S6852 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6852 I N S E N A T E February 16, 2010 ___________ Introduced by Sen. DUANE -- 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 tobacco products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature hereby finds and declares that there has been a proliferation of flavored tobacco products in recent years. Many of these products have fruit, chocolate or other flavors that are particularly attractive to children. According to public health experts, children are more likely to choose flavored tobacco products when they start using tobacco, and thus the existence of these products increases the incidence of tobacco use among children. Moreover, the earlier that an individual begins using tobacco, the more likely he or she will become addicted to tobacco products and will continue to use them throughout his or her lifetime. As a result, flavored tobacco products result in increased tobacco use, increased addiction, a greater incidence of tobacco-related illnesses, increased health care costs, and more tobacco-related deaths. In 2009, the United States Congress enacted legislation prohibiting the sale of flavored cigarettes, but such action does not apply to other tobacco products. The legislature, therefore, finds and declares that flavored tobacco products, like flavored cigarettes, present a significant threat to public health, and that the sale of flavored tobacco products must be prohibited. S 2. Article 13-F of the public health law is amended by adding a new section 1399-aaa to read as follows: S 1399-AAA. SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 1. NO PERSON SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY TOBACCO PRODUCT, AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY OF THE TAX LAW, OR ANY COMPONENT PART THEREOF, INCLUDING BUT NOT LIMITED TO, THE TOBACCO, PAPER, ROLL OR FILTER, WHICH CONTAINS A NATURAL OR ARTIFICIAL CONSTITUENT OR ADDITIVE THAT CAUSES SUCH TOBACCO PRODUCT OR ITS SMOKE TO HAVE A CHARACTERIZING FLAVOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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