S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8808--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT,
   GRIFFIN, JEAN-PIERRE,  SEAWRIGHT,  DICKENS,  SIMON,  JAFFEE,  EPSTEIN,
   GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once
   and  referred to the Committee on Health -- recommitted to the Commit-
   tee on Health in accordance with Assembly Rule 3, sec. 2 --  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 and distribution of flavored tobacco products and accessories
 
   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 AND DISTRIBUTION OF FLAVORED  TOBACCO  PRODUCTS  AND
 ACCESSORIES  PROHIBITED.  1.  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 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. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, OR DISTRIB-
 UTE  TOBACCO  PRODUCTS  WITH A CHARACTERIZING FLAVOR OR ACCESSORIES THAT
 IMPART A CHARACTERIZING FLAVOR TO A TOBACCO PRODUCT IN THIS STATE.
   3. ANY  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY
 COMPANY,  CORPORATION,  OR  OTHER  ENTITY OTHER THAN A MANUFACTURER THAT
 VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO  A  FINE  OF
 NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVIDUAL TOBACCO PRODUCT OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13933-03-0

 A. 8808--A                          2
 
 ACCESSORY  WITH A CHARACTERIZING FLAVOR THAT IS FOUND TO HAVE BEEN SOLD,
 OFFERED FOR SALE,  OR  DISTRIBUTED  IN  VIOLATION  OF  THIS  SECTION.  A
 MANUFACTURER  SHALL  BE  SUBJECT  TO A CIVIL PENALTY NOT TO EXCEED FIFTY
 THOUSAND  DOLLARS FOR EACH BRAND OR STYLE OF SUCH MANUFACTURER'S TOBACCO
 PRODUCTS OR ACCESSORIES THAT IS FOUND TO HAVE  BEEN  SOLD,  OFFERED  FOR
 SALE, OR DISTRIBUTED IN VIOLATION OF THIS SECTION ON MORE THAN ONE OCCA-
 SION  DURING ANY THIRTY DAY PERIOD, PROVIDED, HOWEVER, THAT WITH RESPECT
 TO A MANUFACTURER, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF  A
 VIOLATION  PURSUANT  TO  THIS  SECTION THAT SUCH SALE, OFFER OF SALE, OR
 DISTRIBUTION, AS APPLICABLE, OCCURRED WITHOUT  THE  KNOWLEDGE,  CONSENT,
 AUTHORIZATION AND INVOLVEMENT, DIRECT OR INDIRECT, OF SUCH MANUFACTURER.
 VIOLATIONS  OF  THIS SECTION SHALL BE ENFORCED PURSUANT TO SECTION THIR-
 TEEN 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.
   4. NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  NO  ENFORCEMENT  AGENT,
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MAY STOP,
 QUESTION,  SEARCH OR ARREST ANY PERSON: (A) ON GROUNDS OF OR IN RELATION
 TO POSSESSION, CONSUMPTION OR PURCHASE OF ANY PRODUCT  SUBJECT  TO  THIS
 SECTION;  OR (B) FOR THE PURPOSE OF INQUIRING OR DETERMINING HOW OR FROM
 WHAT PERSON OR ENTITY THE PERSON OBTAINED ANY PRODUCT  SUBJECT  TO  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8808--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT,
   GRIFFIN, JEAN-PIERRE,  SEAWRIGHT,  DICKENS,  SIMON,  JAFFEE,  EPSTEIN,
   GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once
   and  referred to the Committee on Health -- recommitted to the Commit-
   tee on Health in accordance with Assembly Rule 3, sec. 2 --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   retail sale of flavored tobacco products and accessories
 
   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. RETAIL SALE OF FLAVORED TOBACCO PRODUCTS AND ACCESSORIES
 PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "CHARACTERIZ-
 ING  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.  NO  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED
 LIABILITY  COMPANY,  CORPORATION,  OR  OTHER ENTITY LICENSED PURSUANT TO
 ARTICLE TWENTY OF THE TAX LAW, OR EMPLOYEE OF SUCH ENTITIES  SHALL  SELL
 OR  OFFER  FOR RETAIL SALE TOBACCO PRODUCTS WITH A CHARACTERIZING FLAVOR
 OR ACCESSORIES THAT IMPART A CHARACTERIZING FLAVOR TO A TOBACCO  PRODUCT
 IN THIS STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13933-08-0
              

 A. 8808--B                          2
 
   3.  ANY  TOBACCO  BUSINESS,  FIRM,  PARTNERSHIP,  ASSOCIATION, LIMITED
 LIABILITY COMPANY, CORPORATION, OR OTHER ENTITY   LICENSED  PURSUANT  TO
 ARTICLE  TWENTY  OF  THE  TAX  LAW  THAT VIOLATES THE PROVISIONS OF THIS
 SECTION SHALL BE SUBJECT TO A CIVIL FINE OF NOT MORE THAN  FIVE  HUNDRED
 DOLLARS.   COMPLAINTS ALLEGING VIOLATIONS OF THIS SECTION MAY BE SUBMIT-
 TED TO PERSONNEL DESIGNATED PURSUANT TO SECTION THIRTEEN  HUNDRED  NINE-
 TY-NINE-FF OF THIS ARTICLE, EXCEPT THAT SUCH COMPLAINTS MAY BE SUBMITTED
 BY ANY PERSON.
   4.  NOTWITHSTANDING  ANY  LAW  TO  THE CONTRARY, NO ENFORCEMENT AGENT,
 POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT OFFICER MAY STOP,
 QUESTION, SEARCH OR ARREST ANY PERSON: (A) ON GROUNDS OF OR IN  RELATION
 TO  POSSESSION,  CONSUMPTION  OR PURCHASE OF ANY PRODUCT SUBJECT TO THIS
 SECTION; OR (B) FOR THE PURPOSE OF INQUIRING OR DETERMINING HOW OR  FROM
 WHAT  PERSON  OR  ENTITY THE PERSON OBTAINED ANY PRODUCT SUBJECT TO THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.