NY State Senate Bill 2023-S4477A

Senate Bill S4477A

2023-2024 Legislative Session

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

download bill text pdf

Current 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
Mar 26, 2024	print number 4477a
Mar 26, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health
Feb 09, 2023	referred to health

Bill Amendments

Original

A (Active)

2023-S4477 - Details

See Assembly Version of this Bill:: A699
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7068, A8911
2021-2022: S1021, A1887

2023-S4477 - Summary

Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school; defines "flavored smokeless tobacco"; authorizes the commissioner to impose a civil penalty for violations.

2023-S4477 - Sponsor Memo

                                 
BILL NUMBER: S4477

SPONSOR: ADDABBO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of smokeless flavored tobacco products near
schools.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 prohibits the sale of flavored smokeless tobacco products that
may be sold within five hundred feet of any public or private school.
The commissioner of health is permitted to impose a civil penalty.

Section 2 provides the effective date.

 
JUSTIFICATION:

Although cigarette smoking has continued to decline among youth, the use
of smokeless tobacco products has failed to decrease at a similar rate.
The National Youth Tobacco Survey found that 5.9 percent of all high
school students currently use smokeless tobacco products.  Smokeless
tobacco use poses significant health risks and can cause cancer, dental
disease, precancerous mouth lesions, heart disease, and increased risk
of stillbirths. Since smokeless tobacco contains nicotine, individuals
can become easily addicted. Once addicted, users may turn to combustible
tobacco products or electronic cigarettes.

Flavored tobacco products are specifically created to entice younger
users. Tobacco companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that tobacco compa-
nies target stores near schools to attract young smokers.(1) By market-
ing these products to a younger generation, the tobacco industry hopes
to create long-term users.

New York has already taken steps to address flavored tobacco products by
banning flavored e-cigarettes, but we need to do more. Therefore, this
legislation would prohibit the sale of smokeless flavored tobacco
products within 500 feet of public and private schools. Other localities
in New York, California, and the city of Chicago have already enacted
similar prohibitions. Limiting the sale of flavored smokeless tobacco
near schools will limit the opportunity for youth to purchase these
products. This restriction will also benefit our communities, by reduc-
ing the retail density of flavored tobacco products in neighborhoods
surrounding schools.

 
PRIOR LEGISLATIVE HISTORY:

2020. S7068. Died in Rules.

2021. S1021 Referred to Health

2022 S1021 Referred to Health

 
FISCAL IMPLICATION:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4477 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4477
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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
   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
 MAY  SUBMIT  A  COMPLAINT  TO  AN  ENFORCEMENT  OFFICER REPORTING THAT A
 VIOLATION OF THIS SECTION HAS OCCURRED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00770-01-3

2023-S4477A (ACTIVE) - Details

See Assembly Version of this Bill:: A699
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-cc-1, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7068, A8911
2021-2022: S1021, A1887

2023-S4477A (ACTIVE) - Summary

2023-S4477A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4477A

SPONSOR: ADDABBO
 
TITLE OF BILL:

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 elementary or secondary school

 
PURPOSE:

To prohibit the sale of smokeless flavored tobacco products, near
schools.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 1399-cc-1 to the public health law to
prohibit the sale of flavored smokeless tobacco product within five
hundred feet of any public or private elementary or secondary school.
The commissioner of health is permitted to impose a civil penalty.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Although cigarette smoking has continued to decline among youth, the use
of smokeless tobacco products has failed to decrease at a similar rate.
The National Youth Tobacco Survey found that 5.9 percent of all high-
school students currently use smokeless tobacco products.Smokeless
tobacco use poses significant health risks and can cause cancer, dental
disease, precancerous mouth lesions, heart disease, and increased risk
of stillbirths. Since smokeless tobacco contains nicotine, individuals
can become easily addicted. Once addicted, users may turn to combustible
tobacco products or electronic cigarettes.

Flavored tobacco products are specifically created to entice younger
users. Tobacco companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that tobacco compa-
nies target stores near schools to attract young smokers.* By marketing
these products to a younger generation, the tobacco industry hopes to
create long-term users.

New York has already taken steps to address flavored tobacco products by
banning flavored e-cigarettes, but we need to do more. Therefore, this
legislation would prohibit the sale of smokeless flavored tobacco
products within 500 feet of public and private schools. Other localities
in New York, California, and the city of Chicago have already enacted
similar prohibitionS. Limiting the sale of flavored smokeless tobacco
near schools will limit the opportunity for youth to purchase these
products. This restriction will also benefit our communities, by reduc-
ing the retail density of flavored tobacco products in neighborhoods
surrounding schools.

* See U.S. Dep't of Health & Human Servs, Preventing Tobacco Use Among
Youth and Young Adults: A Report of the Surgeon General 545 (2012); see
https://www.tobaccofreekids.org/assets/factsheets/0008.pdf

 
PRIOR LEGISLATIVE HISTORY:
2020. S7068. Died in Rules.

2021. S1021 Referred to Health 2022 S1021 Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S4477A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4477--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   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
   sale of flavored smokeless tobacco  within  five  hundred  feet  of  a
   public or private elementary or secondary 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 ELEMENTARY OR SECONDARY SCHOOL.
 FOR PURPOSES OF THIS SUBDIVISION, THE TERM "FLAVORED SMOKELESS  TOBACCO"
 SHALL MEAN ANY SMOKELESS 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 CHARACTERIZ-
 ING 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 TOBACCO, IMPARTED EITHER PRIOR TO OR  DURING  CONSUMP-
 TION  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 DISTINGUISH-
 ABLE  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00770-03-4
 S. 4477--A                          2

 
 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
 MAY  SUBMIT  A  COMPLAINT  TO  AN  ENFORCEMENT  OFFICER REPORTING THAT A
 VIOLATION OF THIS SECTION HAS OCCURRED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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