S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1652
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  GUNTHER,  SAYEGH,  McDONOUGH,
   K. BROWN, DeSTEFANO -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05066-01-3
              

 A. 1652                             2
 
   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
 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.