Prohibits the sale of flavored tobacco products

Summary of specific provisions

Section one provides the legislative intent of the bill which states that flavored tobacco products are particularly attractive to children and increase the likelihood that children will become consumers of such products.

Section two amends article 13-F of the public health law by adding a new section, 1399-aaa, which provides that no person shall sell or offer for sale any tobacco product that has a characterizing flavor, with the exception of pipe tobacco and hand-made cigars,

"Characterizing flavor" is defined as a distinguishable taste or aroma, including but not limited to any fruit, chocolate, vanilla, honey candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring. Flavors such as tobacco itself, menthol, mint and wintergreen are exceptions. "Pipe tobacco" is defined as tobacco that is no smaller than twenty cut per inch and has a moisture content of at least fifteen percent, while "hand-made cigars" is defined as cigars that are made entirely by hand of a tobacco leaf wrapper, hand constructed and hand wrapped, wholesaling for two dollars or more, and weighing more than three pounds per one thousand cigars.

Any person, other than a manufacturer, who violates the provisions of this bill, shall be subject to a fine of up to one hundred dollars for every package of flavored tobacco products sold or offered for sale. Manufacturers who sell, or offer for sale, flavored tobacco products may be subject to a civil penalty of up to fifty thousand dollars for each brand or style of flavored tobacco product sold or offered for sale on more than one occasion during any thirty day period, provided that with respect to a manufacturer, it shall be an affirmative defense to a finding of violation pursuant to this section that such sale or offer of sale occurred without the knowledge, consent, authorization and involvement, direct or indirect, of such manufacturer. Any person may submit a complaint to an enforcement officer stating that a violation has occurred.

The prohibitions contained in subdivision one shall not apply to a retail tobacco business, provided such business does not admit any person under the age of eighteen years old

Section three provides the effective date

Justification

Recently, the U.S. Food and Drug Administration (the FDA) banned the sale of flavored cigarettes because they largely appeal to children, New York City has expanded the ban to include flavored cigars and flavored smokeless tobacco products such as snuff and chewing tobacco.

According to a study conducted by the National Cancer Institute, part of the U.S. National Institute of Health, cigar smokers are as likely as cigarette smokers to risk oral, throat, and esophageal cancers. The study also demonstrated that those who use smokeless tobacco products significantly raise their risk of developing cancers of the lip, tongue, cheeks and gums The earlier a person begins using tobacco products, the more likely it is that that person will become addicted to tobacco. Preventing the sale of products that appeal to children will help to prevent life-long use that leads to tobacco-related illnesses, increased medical-costs, and tobacco-related deaths. The 2012 Surgeon General's report found that youth have higher rates of cigar use and simultaneous use of multiple tobacco products.

Prior legislative history

A.288-A, 2011 and 2012 passed assembly. Same as S.5008 (Fuschillo), 2011 and 2012 referred to Health Committee. A.9482, 2010 reported out of Health Committee, referred to Codes Committee. Same as S.6852 (Duane), 2010 referred to Health Committee.

Fiscal implication

Decreased tobacco tax revenue, offset by decreased medical care costs and the collection of fines

Effective date

On the one hundred fiftieth day after it shall become a law.