S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10107
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, BYRNE, GOTTFRIED -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   packaging,  sale  and distribution of confectionery and candy designed
   to resemble a tobacco product
 
   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-mm-4 to read as follows:
   § 1399-MM-4. PACKAGING, SALE  AND  DISTRIBUTION  OF  CONFECTIONERY  OR
 CANDY  PRODUCT DESIGNED TO RESEMBLE A TOBACCO PRODUCT PROHIBITED. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "MANUFACTURE" SHALL MEAN THE PRODUCTION,  PREPARATION,  PROCESSING,
 PACKAGING,  REPACKAGING,  LABELING  OR  RELABELING OF A CONFECTIONERY OR
 CANDY PRODUCT DESIGNED TO RESEMBLE A TOBACCO PRODUCT.
   B. "MARKINGS" SHALL MEAN A SIMULATED TRADEMARK, TRADE NAME, IMPRINTING
 OR OTHER MARK, OR LIKENESS THEREOF, OF THE MANUFACTURER, DISTRIBUTOR  OR
 DISPENSER  OF TOBACCO PRODUCTS OR A SIMULATED SYMBOL OR LIKENESS THEREOF
 IDENTIFYING A TOBACCO PRODUCT OR COMBINATION OF SUCH PRODUCTS.
   C. "CANDY AND CONFECTIONERY"  SHALL  INCLUDE  PREPARATIONS  OF  SUGAR,
 HONEY,  OR  OTHER  NATURAL  OR ARTIFICIAL SWEETENERS IN COMBINATION WITH
 CHOCOLATE, FRUITS, NUTS OR OTHER INGREDIENTS OR FLAVORINGS IN  THE  FORM
 OF,  BUT  NOT LIMITED TO, BARS, DROPS, OR PIECES.  EXAMPLES OF CANDY AND
 CONFECTIONERY INCLUDE: CANDY BARS; CHOCOLATES; FRUIT, NUTS, AND  POPCORN
 COVERED  WITH  CARAMEL,  CHOCOLATE,  HONEY,  SPRINKLES, OR OTHER SIMILAR
 COATINGS; HONEY-ROASTED NUTS; CHEWING GUM;  FUDGE;  MAPLE  SUGAR  CANDY;
 CANDY  OR  CHOCOLATE  COVERED  MARSHMALLOWS IN DECORATIVE SHAPES; MINTS;
 PEANUT BRITTLE; COTTON CANDY;  LICORICE;  DIETETIC  CANDY;  AND  CANDIED
 APPLES.
   D.  "CONFECTIONERY  OR  CANDY  PRODUCT  DESIGNED TO RESEMBLE A TOBACCO
 PRODUCT" SHALL MEAN ANY CONFECTIONERY OR CANDY PRODUCT MADE AS A FACSIM-
 ILE OF A CIGARETTE, PIPE OR CIGAR AND IS CLEARLY DESIGNED TO SIMULATE OR
 MIMIC A TOBACCO PRODUCT, WHICH INCLUDES, BUT IS NOT LIMITED TO, CANDY OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15555-01-2
 A. 10107                            2
 
 CHOCOLATE CIGARETTES, AND BUBBLE GUM CIGARS.   EVIDENCE  OF  REPRESENTA-
 TIONS  THAT  THE CONFECTIONERY OR CANDY PRODUCT IS A TOBACCO PRODUCT MAY
 INCLUDE, BUT IS NOT LIMITED TO, ORAL OR WRITTEN REPRESENTATIONS  BY  THE
 MANUFACTURER  OR  SELLER, AS THE CASE MAY BE, ABOUT THE CONFECTIONERY OR
 CANDY PRODUCT WITH REGARD TO: ITS PACKAGING IN A  MANNER  NORMALLY  USED
 FOR TOBACCO PRODUCTS, OR MARKINGS ON THE CONFECTIONERY OR CANDY PRODUCT.
   2. NO PERSON, FIRM, OR CORPORATION SHALL MANUFACTURE, SELL OR HOLD FOR
 SALE  CONFECTIONERY OR CANDY PRODUCTS WHICH ARE MADE AS A FACSIMILE OF A
 CIGARETTE, PIPE OR CIGAR AND ARE CLEARLY DESIGNED TO SIMULATE OR MIMIC A
 TOBACCO PRODUCT.
   3. NO PERSON, FIRM, OR CORPORATION MANUFACTURING  OR  SELLING  CONFEC-
 TIONERY  OR  CANDY  PRODUCTS  SHALL  USE,  FOR  ADVERTISING OR PACKAGING
 PURPOSES, ANY NAME, SYMBOL, DEVICE OR OTHER IDENTIFYING  MARK  WHICH  IS
 SIMILAR  TO THE NAME, SYMBOL, DEVICE OR MARK USED IN ADVERTISING OR SALE
 OF A TOBACCO PRODUCT.
   4. NO OTHER PROVISION OF LAW AUTHORIZING  THE  SALE  OF  CONFECTIONERY
 AND/OR  CANDY  PRODUCTS SHALL AUTHORIZE THE SALE OF CONFECTIONERY AND/OR
 CANDY PRODUCTS DESIGNED TO RESEMBLE A TOBACCO PRODUCT.
   5. THIS SECTION SHALL APPLY TO CONFECTIONERY AND CANDY OF  ALL  TYPES,
 AND  SIMILAR PRODUCTS THAT ARE REGARDED AS CANDY OR CONFECTIONERY, BASED
 ON THEIR NORMAL USE OR MARKETING.
   6. VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  BE  AN  OFFENSE
 SUBJECT TO A CIVIL FINE OF NOT LESS THAN ONE HUNDRED DOLLARS AND NO MORE
 THAN FIVE HUNDRED DOLLARS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.