Assembly Bill A288

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 288--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF,  GUNTHER, MAYERSOHN, CASTRO,
  JAFFEE, REILLY, SCARBOROUGH, TOBACCO -- Multi-Sponsored by -- M. of A.
  McENENY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Health  --  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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00758-04-1

A. 288--A                           2

  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  EXCEPT  FOR  PIPE  TOBACCO  AND  HAND-MADE
CIGARS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
  2.    FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PIPE TOBACCO" SHALL MEAN TOBACCO THAT IS NO SMALLER  THAN  TWENTY
CUTS PER INCH AND HAS A MOISTURE CONTENT OF AT LEAST FIFTEEN PERCENT.
  (B)  "HAND-MADE  CIGARS"  SHALL  MEAN CIGARS THAT ARE MADE ENTIRELY BY
HAND OF A TOBACCO LEAF  WRAPPER,  HAND  CONSTRUCTED  AND  HAND  WRAPPED,
WHOLESALING FOR TWO DOLLARS OR MORE, AND WEIGHING MORE THAN THREE POUNDS
PER ONE THOUSAND CIGARS.
  3.    FOR  THE  PURPOSES  OF  THIS SECTION, THE PHRASE "CHARACTERIZING
FLAVOR" SHALL MEAN A DISTINGUISHABLE TASTE OR AROMA, INCLUDING  BUT  NOT
LIMITED  TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA, DESSERT,
ALCOHOLIC BEVERAGE, HERB OR  SPICE  FLAVORING,  BUT  SHALL  NOT  INCLUDE
TOBACCO,  MENTHOL,  MINT,  OR  WINTERGREEN.  IN NO EVENT SHALL A TOBACCO
PRODUCT OR ANY COMPONENT PART THEREOF, INCLUDING, BUT  NOT  LIMITED  TO,
THE TOBACCO, PAPER, ROLL OR FILTER BE CONSTRUED TO HAVE A CHARACTERIZING
FLAVOR  BASED  SOLELY  ON  THE  USE  OF  ADDITIVES OR FLAVORINGS, OR THE
PROVISION OF AN INGREDIENT LIST MADE AVAILABLE BY ANY MEANS.
  4. ANY PERSON OTHER THAN A MANUFACTURER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT  MORE  THAN  ONE  HUNDRED
DOLLARS  FOR  EACH INDIVIDUAL PACKAGE OF TOBACCO PRODUCT SOLD OR OFFERED
FOR SALE. A MANUFACTURER MAY BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FIFTY THOUSAND DOLLARS FOR EACH BRAND OR STYLE  OF  THAT  MANUFACTURER'S
TOBACCO  PRODUCTS THAT IS FOUND TO HAVE BEEN SOLD OR OFFERED FOR SALE IN
VIOLATION OF THIS SECTION ON MORE THAN ONE OCCASION  DURING  ANY  THIRTY
DAY  PERIOD.  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 THAT A VIOLATION
OF THIS SECTION HAS OCCURRED.
  5. THE PROHIBITIONS CONTAINED IN SUBDIVISION ONE OF THIS SECTION SHALL
NOT APPLY TO A RETAIL TOBACCO BUSINESS AS DEFINED IN  SUBDIVISION  SEVEN
OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THIS CHAPTER, PROVIDED SUCH
BUSINESS DOES NOT ADMIT ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS OLD.
  S  3. This act shall take effect on the one hundred fiftieth day after
it shall have become a law.