Assembly Bill A1887

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2021-A1887 (ACTIVE) - Details

See Senate Version of this Bill:
S1021
Current Committee:
Assembly Rules
Law Section:
Public Health Law
Laws Affected:
Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8911, S7068
2023-2024: A699, S4477

2021-A1887 (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.

2021-A1887 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1887
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01198-01-1

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