What's happening
This bill bans the retail sale of flavored tobacco products and accessories in New York and sets civil fines for violations.
Why it matters
Broadly defines "characterizing flavor". to include not only familiar flavors like fruit, candy, and menthol, but also any distinguishable aroma or taste (even "concept" flavors), closing potential loopholes for creative flavor marketing that might appeal to youth.
Imposes civil—not criminal—penalties. Retailers caught selling flavored tobacco products or accessories face fines, but the law specifically bars law enforcement from stopping, searching, or arresting individuals for possession or use, preventing escalation of minor infractions into criminal justice issues.
Allows anyone to report violations. , making enforcement more community-driven and potentially increasing compliance by empowering consumers and advocates to file complaints directly.
Targets both products and accessories. that impart flavor (not just the tobacco itself), which could significantly limit the ways flavored tobacco can be consumed or marketed, potentially impacting a wide range of tobacco-related businesses and products.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Flavored Tobacco Sales
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 8808b
- Amend (t) and recommit to health
- Print number 8808a
- Amend and recommit to health
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Flavored Tobacco Sales
In Senate Committee · Health · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8808--B
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. BICHOTTE, L. ROSENTHAL, MOSLEY, SIMOTAS, WRIGHT, GRIFFIN, JEAN-PIERRE, SEAWRIGHT, DICKENS, SIMON, JAFFEE, EPSTEIN, GALEF, DINOWITZ, ORTIZ, GLICK, GOTTFRIED, STECK, JACOBSON -- read once and referred to the Committee on Health -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to prohibiting the retail sale of flavored tobacco products and accessories
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 section 1399-cc-1 to read as follows:
§ 1399-cc-1. Retail sale of flavored tobacco products and accessories prohibited. 1. 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 consumption 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 distinguishable from tobacco flavor but may not relate to any particular known flavor.
2. No tobacco business, firm, partnership, association, limited liability company, corporation, or other entity licensed pursuant to article twenty of the tax law, or employee of such entities shall sell or offer for retail sale tobacco products with a characterizing flavor or accessories that impart a characterizing flavor to a tobacco product in this state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13933-08-0
A. 8808--B 2
3. Any tobacco business, firm, partnership, association, limited liability company, corporation, or other entity licensed pursuant to article twenty of the tax law that violates the provisions of this section shall be subject to a civil fine of not more than five hundred dollars. Complaints alleging violations of this section may be submitted to personnel designated pursuant to section thirteen hundred ninety-nine-ff of this article, except that such complaints may be submitted by any person.
4. Notwithstanding any law to the contrary, no enforcement agent, police officer, peace officer or other law enforcement officer may stop, question, search or arrest any person: (a) on grounds of or in relation to possession, consumption or purchase of any product subject to this section; or (b) for the purpose of inquiring or determining how or from what person or entity the person obtained any product subject to this section.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, 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.
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.