NY State Senate Bill 2021-S8700A

Senate Bill S8700A

2021-2022 Legislative Session

Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2022	print number 8700a
May 10, 2022	amend and recommit to health
Mar 31, 2022	referred to health

Bill Amendments

Original

A (Active)

2021-S8700 - Details

See Assembly Version of this Bill:: A10107
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-4, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3536, A1652

2021-S8700 - Summary

Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.

2021-S8700 - Sponsor Memo

                                 
BILL NUMBER: S8700

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove tobacco like candies from circulation, thus decreasing the
likelihood that young children take up smoking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section,
1399-mm-4, to prohibit the packaging, sale and distribution of candies
or confectionery designed to resemble tobacco products.  Violation of
these provisions will result in a civil fine of at least one hundred
dollars and no more than five hundred dollars.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Centers for Disease Control and Prevention (CDC) states that smoking
is the leading cause of preventable death, that it harms nearly every
organ of the body, and that in 2015, nearly 70% of adult smokers wanted
to stop. Smoking continues to sicken millions more and costs the nation
and New York State significant amounts of money in health care bills
each year.

According to a finding by the Behavioral Risk Factor Surveillance System
(BRFSS) developed by the CDC and administered by the New York State
Department of Health, tobacco is the leading cause of preventable
disease, disability, and death in both the United States and in New York
State. In New York, tobacco use is credited for more than 28,000 deaths
annually, more than alcohol consumption, microbial agents, toxic agents,
motor vehicle crashes, firearms, and unsafe sexual behaviors combined.
Adults enrolled in Medicaid smoke at a significantly higher rate than
adults enrolled in Medicare, those with private health insurance, and
those who are not insured.

For years, candy cigarettes and other confectionary products designed to
mimic tobacco have faced public pressure and criticism. This public
pressure rightfully influenced the market and removed these products
from many convenient stores in the state. Still, despite their decline
in popularity, they remain legal for sale and are still on the shelves
of some local stores. These candies are a thing of the past and should
no longer be available to children and young adults.

Confectionary or candy products designed to mimic tobacco products are
one of the most glaring examples of marketing tobacco use to our youth.
These products can increase the likelihood of young children and teens
to take up smoking later in life, one of the most unhealthy and costly
habits to an individual and our state's healthcare system.  Similar
efforts to ban the sale of candy cigarettes in New York were thwarted in
the early 1970s. Several countries prohibit the sale of imitation tobac-
co products such as candy cigarettes, including Australia, Canada and
Thailand. In the United States, St. Paul, Minnesota enacted an ordinance
in 2009 banning imitation tobacco products. It's time to make it offi-
cial and ban the sale of these deceptive products in our state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal loss of sales tax revenue. Potential savings to state's health-
care system

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

2021-S8700 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8700
 
                             I N  S E N A T E
 
                              March 31, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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
   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.

                                                            LBD14939-02-2
 S. 8700                             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 CONFECTION-
 ERY  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 TOBAC-
 CO 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.

2021-S8700A (ACTIVE) - Details

See Assembly Version of this Bill:: A10107
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-4, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3536, A1652

2021-S8700A (ACTIVE) - Summary

Prohibits the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.

2021-S8700A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8700A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To remove tobacco like candies from circulation, thus decreasing the
likelihood that young children take up smoking.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by adding a new section,
1399-mm-4, to prohibit the packaging, sale and distribution of candies
or confectionery designed to resemble tobacco products.  Violation of
these provisions will result in a civil fine of at least one hundred
dollars and no more than five hundred dollars.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Centers for Disease Control and Prevention (CDC) states that smoking
is the leading cause of preventable death, that it harms nearly every
organ of the body, and that in 2015, nearly 70% of adult smokers wanted
to stop. Smoking continues to sicken millions more and costs the nation
and New York State significant amounts of money in health care bills
each year.

For years, candy cigarettes and other confectionary products designed to
mimic tobacco have faced public pressure and criticism. This public
pressure rightfully influenced the market and removed these products
from many convenient stores in the state. Still, despite their decline
in popularity, they remain legal for sale and are still on the shelves
of some local stores. These candies are a thing of the past and should
no longer be available to children and young adults.

Confectionary or candy products designed to mimic tobacco products are
one of the most glaring examples of marketing tobacco use to our youth.
These products can increase the likelihood of young children and teens
to take up smoking later in life. Several countries prohibit the sale of
imitation tobacco products such as candy cigarettes, including Austra-
lia, Canada and Thailand. In the United States, St. Paul, Minnesota
enacted an ordinance in 2009 banning imitation tobacco products. It's
time to make it official and ban the sale of these deceptive products in
our state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined  
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.

2021-S8700A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8700--A
 
                             I N  S E N A T E
 
                              March 31, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed  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
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14939-03-2
 S. 8700--A                          2
 
 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
 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.

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