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A3991Assembly2019-2020 Session

Ban Tobacco Ads Near Schools

Official title

“Prohibits the advertisement of tobacco products and herbal cigarettes near schools”

Sponsor J. Gary PretlowAD-89Affects Health
Status
In Assembly Committee
Health
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill prohibits advertising, marketing, or promoting tobacco products and herbal cigarettes within 1,000 feet of school grounds in New York.

Why it matters

  1. Expands protections to include both tobacco and herbal cigarette advertising. by covering herbal cigarettes, the bill addresses evolving products that might otherwise be marketed as “safer” alternatives to youth.

  2. Defines “school grounds” and the restricted area broadly. the 1,000-foot buffer zone includes not only the immediate school property but also public areas such as sidewalks, streets, stores, and even parked vehicles, significantly enlarging the advertising-free zone and making enforcement more comprehensive.

  3. Imposes escalating civil penalties for violations. with fines starting at $250 and increasing for repeat offenses, the bill creates a financial deterrent for businesses considering non-compliance, aiming to reduce youth exposure to tobacco marketing.

  4. Aligns enforcement procedures with existing public health laws. by referencing established hearing processes, the legislation leverages current administrative capacities, which may make implementation more efficient and predictable.

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Who cares

  • Tobacco and herbal cigarette manufacturers and marketers

    The bill would prohibit their advertising, marketing and promotion on school property and in publicly accessible areas or parked vehicles within 1,000 feet of school boundaries.

  • Stores and restaurants near schools

    Those selling or promoting tobacco products or herbal cigarettes would face restrictions on advertising and promotion within the covered zone.

  • Public and private schools and their students

    The bill would restrict tobacco and herbal cigarette promotion on and around elementary, intermediate, junior high, vocational and high school grounds.

  • Enforcement officers

    They would determine violations after hearings and impose civil penalties ranging from $250 to $1,000 for a first violation, $500 to $2,000 for a second and at least $1,000 for each subsequent violation.

Headline styles

Ban Tobacco Ads Near Schools

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3991

2019-2020 Regular Sessions

IN ASSEMBLY

January 31, 2019

Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting the advertisement of tobacco products and herbal cigarettes near schools

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The public health law is amended by adding a new article 13-I to read as follows:

ARTICLE 13-I

ADVERTISING TOBACCO PRODUCTS AND

HERBAL CIGARETTES PROHIBITED NEAR SCHOOLS

Section 1399-aaa. Definitions.

1399-bbb. Advertising prohibited near schools.

1399-ccc. Hearings; penalties.

§ 1399-aaa. Definitions. As used in this article:

1. "Person" means a person, firm, company, corporation, partnership, sole proprietor, limited partnership, association, limited liability company or limited liability partnership.

2. "Tobacco products" means one or more cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products.

3. "Herbal cigarette" means any product made primarily of an herb or combination of herbs, and intended to be smoked in any of the methods that tobacco is smoked, including but not limited to, as a cigarette, cigar or pipe filter.

4. "School grounds" means (a) in, on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04943-01-9

A. 3991 2

automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

§ 1399-bbb. Advertising prohibited near schools. No person engaged in the business of manufacturing, selling, advertising, marketing or otherwise distributing tobacco products or herbal cigarettes, or any agent or employee of such person, shall advertise, market or promote tobacco products or herbal cigarettes or the purchase or use thereof upon school grounds.

§ 1399-ccc. Hearings; penalties. 1. Hearings with respect to violation of this article shall be conducted in the same manner as hearings conducted under article thirteen-E of this chapter.

2. If the enforcement officer determines after a hearing that a violation of this article has occurred, he or she shall impose a civil penalty of a minimum of two hundred fifty dollars, but not to exceed one thousand dollars for a first violation, a minimum of five hundred dollars, but not to exceed two thousand dollars for a second violation, and a minimum of one thousand dollars for each subsequent violation.

§ 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.