New York S 9954: Regulates the sale of oral nicotine pouches

Bill Text

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S09954 Summary:

BILL NOS09954 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBOTTCHER

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§1399-aa, 1399-bb, 1399-mm-1 & 1399-ff, Pub Health L

&nbsp

Relates to regulating the sale of oral nicotine pouches.

Go to top S09954 Actions:

BILL NOS09954 

&nbsp

04/17/2026REFERRED TO HEALTH

Go to topS09954 Committee&nbspVotes:

Go to topS09954 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09954 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9954

 IN SENATE

 April 17, 2026
 ___________

 Introduced by Sen. BOTTCHER -- 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 regulating the
 sale of oral nicotine pouches

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

 1 Section 1. Section 1399-aa of the public health law is amended by
 2 adding a new subdivision 20 to read as follows:
 3 20. "Nicotine pouch" means a smokeless pre-portioned pouch containing
 4 nicotine but no tobacco, in which the user puts the pouch between such
 5 user's lip and gum and leaves it there while the nicotine and taste is
 6 being released.
 7 § 2. Section 1399-bb of the public health law, as amended by section 4
 8 of part EE of chapter 56 of the laws of 2020, is amended to read as
 9 follows:
 10 § 1399-bb. Distribution of tobacco products, nicotine pouches, vapor
 11 products, or herbal cigarettes without charge. 1. No retail dealer, or
 12 any agent or employee of a retail dealer engaged in the business of
 13 selling or otherwise distributing tobacco products, nicotine pouches,
 14 vapor products intended or reasonably expected to be used with or for
 15 the consumption of nicotine, or herbal cigarettes for commercial
 16 purposes, or any agent or employee of such retail dealer, or any agent
 17 or employee of a retail dealer, shall knowingly, in furtherance of such
 18 business:
 19 (a) distribute without charge any tobacco products, nicotine pouches,
 20 vapor products intended or reasonably expected to be used with or for
 21 the consumption of nicotine, or herbal cigarettes to any individual,
 22 provided that the distribution of a package containing tobacco products,
 23 nicotine pouches, vapor products intended or reasonably expected to be
 24 used with or for the consumption of nicotine, or herbal cigarettes in
 25 violation of this subdivision shall constitute a single violation with-
 26 out regard to the number of items in the package; or
 27 (b) distribute price reduction instruments which are redeemable for
 28 tobacco products, nicotine pouches, vapor products intended or reason-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01338-08-6

 S. 9954 2

 1 ably expected to be used with or for the consumption of nicotine, or
 2 herbal cigarettes to any individual, provided that this subdivision
 3 shall not apply to coupons contained in newspapers, magazines or other
 4 types of publications, coupons obtained through the purchase of tobacco
 5 products, nicotine pouches, vapor products intended or reasonably
 6 expected to be used with or for the consumption of nicotine, or herbal
 7 cigarettes or obtained at locations which sell tobacco products, nico-
 8 tine pouches, vapor products intended or reasonably expected to be used
 9 with or for the consumption of nicotine, or herbal cigarettes provided
 10 that such distribution is confined to a designated area or to coupons
 11 sent through the mail.
 12 1-a. No retail dealer engaged in the business of selling or otherwise
 13 distributing tobacco products, nicotine pouches, herbal cigarettes, or
 14 vapor products intended or reasonably expected to be used with or for
 15 the consumption of nicotine for commercial purposes, or any agent or
 16 employee of such retail dealer, shall knowingly, in furtherance of such
 17 business:
 18 (a) honor or accept a price reduction instrument in any transaction
 19 related to the sale of tobacco products, nicotine pouches, herbal ciga-
 20 rettes, or vapor products intended or reasonably expected to be used
 21 with or for the consumption