New York A 77: Prohibits the sale of flavored smokeless tobacco within five hundred feet of a public or private elementary or secondary school

Bill Text

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A00077 Summary:

BILL NOA00077 

&nbsp

SAME ASSAME AS S05613

&nbsp

SPONSORDinowitz

&nbsp

COSPNSRGlick, Simon, Rosenthal, Weprin, Colton, Seawright, Jackson, Griffin, Kay, Shimsky, Buttenschon,
 Hooks

&nbsp

MLTSPNSR

&nbsp

Add §1399-cc-1, Pub Health L

&nbsp

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.

Go to top A00077 Actions:

BILL NOA00077 

&nbsp

01/08/2025referred to health

02/24/2025reported referred to codes

03/04/2025reported 

03/06/2025advanced to third reading cal.47

01/07/2026ordered to third reading cal.4

Go to topA00077 Committee&nbspVotes:

Committee:HEALTH Chair:Paulin 
DATE:02/24/2025AYE/NAY:19/5 Action: Favorable refer to committee Codes PaulinAyeJensenNay

DinowitzAyeGandolfoNay

RosenthalAyeBlumencranzAye

HevesiAyeGrayAye

SteckAyeMaherNay

BraunsteinAyeSlaterNay

SolagesAyeChludzinskiAye

Bichotte HermelExcusedNorberAye

SayeghNay

McDonaldAye

ReyesAye

Gonzalez-RojasAye

RajkumarAye

ForrestAbsent

KellesAye

LucasAye

MeeksAye

LunsfordAye

Committee:CODES Chair:Dinowitz 
DATE:03/04/2025AYE/NAY:17/5 Action: Favorable DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorAye

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA00077 Floor&nbspVotes:

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

Go to topA00077 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 77

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. DINOWITZ, GLICK, SIMON, ROSENTHAL -- read once
 and referred 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:

 1 Section 1. The public health law is amended by adding a new section
 2 1399-cc-1 to read as follows:
 3 § 1399-cc-1. Sale of flavored smokeless tobacco; restrictions. 1. No
 4 flavored smokeless tobacco product or component may be sold within five
 5 hundred feet of any public or private elementary or secondary school.
 6 For purposes of this subdivision, the term "flavored smokeless tobacco"
 7 shall mean any smokeless tobacco product containing, made of, or derived
 8 from tobacco or nicotine that is intended to be placed by the consumer
 9 in an oral cavity and contains a constituent that imparts a characteriz-
 10 ing flavor. For the purposes of this section, the term "characterizing
 11 flavor" shall mean a distinguishable taste or aroma, other than the
 12 taste or aroma of tobacco, imparted either prior to or during consump-
 13 tion of a tobacco product, including but not limited to, tastes or
 14 aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
 15 dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
 16 or any concept flavor that imparts a taste or aroma that is distinguish-
 17 able from tobacco flavor but may not relate to any particular known
 18 flavor.
 19 2. The measurements in subdivision one of this section are to be taken
 20 in straight lines from the nearest point of the property line of the
 21 parcel on which the school is located to the nearest point of the prop-
 22 erty line of the parcel on which the business is located.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00899-01-5

 A. 77 2

 1 3. Violations of this section shall be enforced pursuant to section
 2 thirteen hundred ninety-nine-ff of this article, except that any person
 3 may submit a complaint to an enforcement officer reporting that a
 4 violation of this section has occurred.
 5 § 2. This act shall take effect on the one hundred eightieth day after
 6 it shall have become a law.

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