NY State Senate Bill 2023-S3536

Senate Bill S3536

2023-2024 Legislative Session

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

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Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 30, 2024	referred to health delivered to assembly passed senate
Mar 04, 2024	advanced to third reading
Feb 28, 2024	2nd report cal.
Feb 27, 2024	1st report cal.562
Jan 03, 2024	referred to health
Jan 31, 2023	referred to health

Votes

- May 30, 2024 - Floor Vote
  S3536
  
  45
  
  Aye
  
  12
  
  Nay
  
  1
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2024
      
      aye (45)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Webb
      
      Weber
      
      nay (12)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (4)
      
      Felder
      
      Myrie
      
      Thomas
      
      Walczyk
  Feb 27, 2024 - Health Committee Vote
  S3536
  
  11
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 27, 2024
      
      aye (11)
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (2)
      
      Gallivan
      
      Martins
      
      aye wr (2)
      
      Ashby
      
      Stec

co-Sponsors

2023-S3536 (ACTIVE) - Details

See Assembly Version of this Bill:: A1652
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-4, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S8700, A10107

2023-S3536 (ACTIVE) - Summary

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

2023-S3536 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3536

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 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:

Senate

2021-2022: S8700, Referred to Health

2021-2022: S8700, AMEND AND RECOMMIT TO HEALTH

Assembly

2021-2022: A10107, Reported to Codes

2021-2022: A10107, Reported referred to codes

 
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.

2023-S3536 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3536
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05066-01-3
 S. 3536                             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.

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Senate Bill S3536

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Sponsored By

James Skoufis