NY State Senate Bill 2019-S7068

Senate Bill S7068

2019-2020 Legislative Session

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2020	reported and committed to rules
Jan 08, 2020	referred to health

Votes

- Jan 14, 2020 - Health Committee Vote
  S7068
  
  13
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 14, 2020
      
      aye (13)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (1)
      
      Gallivan

co-Sponsors

2019-S7068 (ACTIVE) - Details

See Assembly Version of this Bill:: A8911
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1021, A1887
2023-2024: S4477, A699

2019-S7068 (ACTIVE) - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2019-S7068 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7068               REVISED: 01/03/2020

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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 school

 
PURPOSE OR GENERAL IDEA OF BILL::

To prohibit the sale of smokeless flavored tobacco products near
schools.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 prohibits the sale of flavored smokeless tobacco product may
be sold within five hundred feet of any public or private school. The
commissioner of health is permitted to impose a civil penalty.

Section 2 provides the effective date.

 
JUSTIFICATION::

Although cigarette smoking has continued to decline among youth, the use
of smokeless tobacco products has failed to decrease at a similar rate.
The National Youth Tobacco Survey found that 5.9 percent of all high-
school students currently use smokeless tobacco products.  Smokeless
tobacco use poses significant health risks and can cause cancer, dental
disease, precancerous mouth lesions, heart disease, and increased risk
of stillbirths. Since smokeless tobacco contains nicotine, individuals
can become easily addicted. Once addicted, users may turn to combustible
tobacco products or electronic cigarettes.

Flavored tobacco products are specifically created to entice younger
users. Tobacco companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that tobacco compa-
nies target stores near schools to attract young smokers.(1) By market-
ing these products to a younger generation, the tobacco industry hopes
to create long-term users.

New York has already taken steps to address flavored tobacco products by
banning flavored e-cigarettes, but we need to do more. Therefore, this
legislation would prohibit the sale of smokeless flavored tobacco
products within 500 feet of public and private schools. Other localities
in New York, California, and the city of Chicago have already enacted
similar prohibitions. Limiting the sale of flavored smokeless tobacco
near schools will limit the opportunity for youth to purchase these
products. This restriction will also benefit our communities, by reduc-
ing the retail density of flavored tobacco products in neighborhoods
surrounding schools.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATION::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.



(1) See U.S. Dep't of Health & Human Servs, Preventing Tobacco Use Among
Youth and Young Adults: A Report of the Surgeon General 545 (2012) ; see
https://www.tobaccofreekids.org/assets/factsheets/0008.pdf

2019-S7068 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7068
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  smokeless  tobacco  within  five hundred feet of a
   public or private 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  SCHOOL.  FOR  PURPOSES  OF  THIS
 SUBDIVISION, THE TERM "FLAVORED SMOKELESS TOBACCO" SHALL MEAN ANY SMOKE-
 LESS  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 CHARACTERIZING 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 TOBAC-
 CO, 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. 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.
   3.  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 REPORTING THAT A
 VIOLATION OF THIS SECTION HAS OCCURRED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14082-03-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7068

Share this bill

Sponsored By

Todd Kaminsky