NY State Senate Bill 2023-S7174

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 18, 2023	referred to health

co-Sponsors

2023-S7174 (ACTIVE) - Details

See Assembly Version of this Bill:: A6882
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §1399-dd-1, Pub Health L

2023-S7174 (ACTIVE) - Summary

Prohibits any cannabis related advertisements in establishments within a certain distance from schools; increases penalties for prohibited advertisement of tobacco and cannabis products; requires enforcement inspections.

2023-S7174 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7174

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to public display or
advertisements of cannabis products

 
PURPOSE OR GENERAL IDEA:

Prohibit the advertisement of words, pictures, photographs, symbols,
graphics or visual images of any kind associated with cannabis use or
cannabis products at businesses that sell tobacco products, electronic
cigarettes and smoking paraphernalia.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would include words, pictures, photographs, symbols, graphics,
or visual images of any kind, or any combination, thereof which are
associated with cannabis use or cannabis products as defined in section
three of cannabis law. Also, this is intended or reasonably expected to
promote the sale of such products as prohibited advertisements under

Section 1399-dd-1 of the public health law.

This bill would also increase the civil penalties associated with all
violations within this section to not more than five thousand dollars
for a first violation and not more than ten thousand dollars for a
second or subsequent violation and require that random inspections be
conducted on a quarterly basis to ensure compliance with the provisions
of this section.

 
JUSTIFICATION:

Since the legalization of adult-use cannabis and the expansion of the
cannabis retail market we have seen a rise in the sale of illicit canna-
bis by business entities that legitimately sell tobacco products, smok-
ing paraphernalia, electronic cigarettes, and vapor products. This has
impacted the quality of life for residents and increased the likelihood
that individuals under 21 years of age will obtain cannabis at these
businesses that are not licensed by the state to sell adult-use canna-
bis.

Existing public health law prohibits the advertisement of tobacco
products, electronic cigarettes and smoking paraphernalia within one
thousand five hundred feet of a school and within five hundred feet of a
school if the school is located within New York City and includes civil
penalties for violations of the law.

This bill would include words, pictures, photographs, symbols, graphics
or visual images of any kind, or any combination thereof which are asso-
ciated with cannabis use or cannabis products that are intended or
reasonably expected to promote the sale of such products as prohibited
advertisements, increase the civil penalties for a first violation to
not more than five thousand dollars and not more than ten thousand
dollars for a second or subsequent violation.  Finally, this bill would
require that an enforcement officer conduct random inspections on a
quarterly basis of businesses which are licensed to sell tobacco
products, electronic cigarettes and smoking paraphernalia

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it Shall have
become a law.

2023-S7174 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7174
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 public display  or
   advertisements of cannabis products
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1399-dd-1 of the public health  law,  as  added  by
 section  13  of part EE of chapter 56 of the laws of 2020, is amended to
 read as follows:
   § 1399-dd-1. Public display of tobacco product  and  electronic  ciga-
 rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
 purposes of this section:
   (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
 graphics or visual images of any kind, or any combination thereof, which
 bear a health warning required by federal statute, the purpose or effect
 of  which  is to identify a brand of a tobacco product, electronic ciga-
 rette, or vapor product intended or reasonably expected to be used  with
 or  for  the  consumption of nicotine, a trademark of a tobacco product,
 electronic cigarette, or vapor product intended or  reasonably  expected
 to  be  used  with or for the consumption of nicotine [or], a trade name
 associated exclusively with a tobacco product, electronic cigarette,  or
 vapor product intended or reasonably expected to be used with or for the
 consumption of nicotine or to promote the use or sale of a tobacco prod-
 uct,  electronic  cigarette,  or  vapor  product  intended or reasonably
 expected to be used with or for the consumption of nicotine,  OR  WORDS,
 PICTURES,  PHOTOGRAPHS,  SYMBOLS, GRAPHICS OR VISUAL IMAGES OF ANY KIND,
 OR ANY COMBINATION THEREOF WHICH ARE ASSOCIATED  WITH  CANNABIS  USE  OR
 CANNABIS  PRODUCTS  AS  DEFINED IN SECTION THREE OF THE CANNABIS LAW AND
 WHICH ARE INTENDED OR REASONABLY EXPECTED TO PROMOTE THE  SALE  OF  SUCH
 PRODUCTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10880-03-3
 S. 7174                             2

 
   (b)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
 ing papers, electronic cigarette, vaporizer or any other device,  equip-
 ment or apparatus designed for the inhalation of tobacco or nicotine.
   (c)  "Vapor  product"  means  any vapor product, as defined by section
 thirteen hundred ninety-nine-aa of this article, intended or  reasonably
 expected to be used with or for the consumption of nicotine.
   (d)  "Tobacco  products" shall have the same meaning as in subdivision
 five of section thirteen hundred ninety-nine-aa of this article.
   (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
 sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
 cle.
   2. (a) No person, corporation, partnership, sole  proprietor,  limited
 partnership,  association  or any other business entity may place, cause
 to be placed, maintain or to cause to be maintained,  smoking  parapher-
 nalia  or  ADVERTISEMENTS FOR ANY tobacco product, electronic cigarette,
 or vapor product intended or reasonably expected to be used with or  for
 the consumption of nicotine [advertisements] in a store front or exteri-
 or window or any door which is used for entry or egress by the public to
 the  building  or  structure  containing  a place of business within one
 thousand five hundred feet of a school, provided that  within  New  York
 city  such  prohibitions  shall only apply within five hundred feet of a
 school.
   (b) Any person, corporation,  partnership,  sole  proprietor,  limited
 partnership,  association  or  any other business entity in violation of
 this section shall be subject to a civil penalty of not more  than  five
 [hundred] THOUSAND dollars for a first violation and not more than [one]
 TEN thousand dollars for a second or subsequent violation.
   3.  AN  ENFORCEMENT  OFFICER,  OR  THE DEPARTMENT WHERE NO ENFORCEMENT
 OFFICER HAS BEEN DESIGNATED, SHALL CONDUCT RANDOM INSPECTIONS ON A QUAR-
 TERLY BASIS OF EACH RETAIL DEALER LICENSED TO SELL  CIGARETTES,  TOBACCO
 PRODUCTS,  OR VAPOR PRODUCTS AT ESTABLISHMENTS LOCATED WITHIN THE JURIS-
 DICTION OF SUCH ENFORCEMENT OFFICER OR OFFICE, TO  DETERMINE  COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S7174

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S7174 (ACTIVE) - Details

2023-S7174 (ACTIVE) - Summary

2023-S7174 (ACTIVE) - Sponsor Memo

2023-S7174 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7174

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Joseph P. Addabbo Jr.

Nathalia Fernandez

2023-S7174 (ACTIVE) - Details

2023-S7174 (ACTIVE) - Summary

2023-S7174 (ACTIVE) - Sponsor Memo

2023-S7174 (ACTIVE) - Bill Text download pdf

Comments