NY State Senate Bill 2025-S5613

Senate Bill S5613

2025-2026 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
Feb 25, 2025	referred to health

2025-S5613 (ACTIVE) - Details

See Assembly Version of this Bill:: A77
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
2023-2024: S4477, A699

2025-S5613 (ACTIVE) - 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.

2025-S5613 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5613

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 products 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, Prevent-
ing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon
General 545 (2012); see
https://www.tobaccofreekids.org/assets/factsheets/0008.pdf

 
LEGISLATIVE HISTORY:

2021/22: S1021 - Senate Health Committee.

2023/24: S4477A - Senate Health Committee.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5613 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5613
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2025
                                ___________
 
 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00899-01-5

 S. 5613                             2
 
 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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