NY State Senate Bill 2023-S6642

Senate Bill S6642

2023-2024 Legislative Session

Requires the department of health to support tobacco and vapor product use prevention and control activities including marketing and advertising to discourage tobacco and vapor product use

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
Jan 03, 2024	referred to health
May 03, 2023	referred to health

2023-S6642 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-ii & 1399-ii-1, Pub Health L

2023-S6642 (ACTIVE) - Summary

Requires the department of health to support tobacco and vapor product use prevention and control activities including marketing and advertising to discourage tobacco and vapor product use among consumers historically targeted by tobacco and vapor product advertising and manufacturers.

2023-S6642 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6642

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to targeted and
updated education and outreach related to tobacco and vapor products

 
PURPOSE:

This bill requires the Department of Health to support tobacco and vapor
product use prevention and control activities with a particular emphasis
on communities historically targeted by manufacturers.

 
SUMMARY OF PROVISIONS:

§ 1 Expands the existing focus of DOH prevention and control activities
from reducing nicotine use to the broader reducing tobacco or vapor
product use.

§ 2. Amends existing law to encourage marketing and advertising efforts
to focus more specifically on consumers historically targeted by tobacco

and vapor product advertising and manufacturers.

§ 3. Updates awareness programs in schools to focus on vapor product
prevention/awareness and not just electronic cigarettes.

 
EXISTING LAW:

§ 1399-ii Public Health Law

 
JUSTIFICATION:

For decades, the tobacco industry has targeted Black communities with
marketing for menthol cigarettes, with devastating impact on Black
health and lives. As a result, tobacco use is the number one cause of
preventable death among Black Americans, claiming 45,000 Black lives
each year, and Black Americans have a harder time quitting smoking and
are more likely to die from tobacco-related diseases like lung cancer,
heart disease and stroke. The tobacco industry has also deliberately
targeted women and girls, luring and addicting millions, and the result-
ing harmful consequences for women's health occur at every stage of
life. This bill will help encourage existing Department of Health
prevention and control activities to focus more on communities most
impacted by big tobacco advertising and marketing over the years.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S6642 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6642
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  targeted  and
   updated education and outreach related to tobacco and vapor products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1399-ii of the public health  law,
 as  amended  by section 12 of part EE of chapter 56 of the laws of 2020,
 is amended to read as follows:
   2.  The  department  shall  support  tobacco  and  vapor  product  use
 prevention and control activities including, but not limited to:
   (a) Community programs to prevent and reduce tobacco use through local
 involvement and partnerships;
   (b) School-based programs to prevent and reduce tobacco use and use of
 vapor products;
   (c) Marketing and advertising to discourage tobacco[,] AND vapor prod-
 uct  [and  liquid  nicotine] use ESPECIALLY AMONG CONSUMERS HISTORICALLY
 TARGETED BY TOBACCO AND VAPOR PRODUCT ADVERTISING AND MANUFACTURERS;
   (d) Nicotine cessation programs for youth and adults;
   (e) Special projects to reduce the disparities in  smoking  prevalence
 among various populations;
   (f)  Restriction  of  youth  access  to  tobacco  products  and  vapor
 products;
   (g) Surveillance of smoking and vaping rates; and
   (h) Any other activities determined by the commissioner to  be  neces-
 sary to implement the provisions of this section.
   Such  programs shall be selected by the commissioner through an appli-
 cation process which takes into account whether a program utilizes meth-
 ods recognized as effective in  reducing  [nicotine]  TOBACCO  OR  VAPOR
 PRODUCT  use.  Eligible applicants may include, but not be limited to, a
 health care provider, schools, a college or university, a  local  public

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11133-01-3

 S. 6642                             2
 
 health  department, a public health organization, a health care provider
 organization,  association  or  society,  municipal  corporation,  or  a
 professional education organization.
   §  2.  Section 1399-ii-1 of the public health law, as added by section
 11 of part EE of chapter 56 of the laws of 2020, is amended to  read  as
 follows:
   §   1399-ii-1.   [Electronic   cigarette  and  vaping]  VAPOR  PRODUCT
 prevention, awareness and control program. The  commissioner  shall,  in
 consultation  and  collaboration  with  the  commissioner  of education,
 establish and develop [an electronic cigarette and vaping] A VAPOR PROD-
 UCT prevention, control and awareness  program  within  the  department.
 Such  program  shall be designed to educate students, parents and school
 personnel about the health risks associated with vapor product  use  and
 control  measures to reduce the prevalence of vaping, particularly among
 persons less than twenty-one years of age.  Such program shall  include,
 but  not  be  limited  to, the creation of age-appropriate instructional
 tools and materials that may be used by all schools, and  marketing  and
 advertising materials to discourage [electronic cigarette] VAPOR PRODUCT
 use.
   §  3.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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