New York A 4999: Relates to prohibiting the retail sale of flavored tobacco products and accessories

Bill Text

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A04999 Summary:

BILL NOA04999 

&nbsp

SAME ASSAME AS S09689

&nbsp

SPONSORBichotte Hermelyn (MS)

&nbsp

COSPNSRRosenthal, Seawright, Simon, Epstein, Dinowitz, Glick, Steck, Jacobson, Meeks, Zinerman, Jackson,
 Reyes, Lee, Gonzalez-Rojas, Davila, Hyndman, Lucas, Alvarez

&nbsp

MLTSPNSRLevenberg

&nbsp

Add §1399-cc-1, Pub Health L

&nbsp

Prohibits the retail sale of flavored tobacco products and accessories; imposes a fine of not more than five hundred dollars for each infraction.

Go to top A04999 Actions:

BILL NOA04999 

&nbsp

02/10/2025referred to health

01/07/2026referred to health

Go to topA04999 Committee&nbspVotes:

Go to topA04999 Floor&nbspVotes:

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

Go to topA04999 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4999

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, ROSENTHAL, SEAWRIGHT, SIMON,
 EPSTEIN, DINOWITZ, GLICK, STECK, JACOBSON, MEEKS, ZINERMAN, JACKSON,
 REYES, LEE, GONZALEZ-ROJAS, DAVILA, HYNDMAN, LUCAS, ALVAREZ -- Multi-
 Sponsored by -- M. of A. LEVENBERG -- read once and referred to the
 Committee on Health

 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 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. Retail sale of flavored tobacco products and accessories
 4 prohibited. 1. For the purposes of this section, the term "characteriz-
 5 ing flavor" shall mean a distinguishable taste or aroma, other than the
 6 taste or aroma of tobacco, imparted either prior to or during consump-
 7 tion of a tobacco product, including but not limited to, tastes or
 8 aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
 9 dessert, alcoholic beverage, mint, wintergreen, herb, spice, or menthol,
 10 or any concept flavor that imparts a taste or aroma that is distinguish-
 11 able from tobacco flavor but may not relate to any particular known
 12 flavor.
 13 2. No tobacco business, firm, partnership, association, limited
 14 liability company, corporation, or other entity licensed pursuant to
 15 article twenty of the tax law, or employee of such entities shall sell
 16 or offer for retail sale tobacco products with a characterizing flavor
 17 or accessories that impart a characterizing flavor to a tobacco product
 18 in this state.
 19 3. Any tobacco business, firm, partnership, association, limited
 20 liability company, corporation, or other entity licensed pursuant to
 21 article twenty of the tax law that violates the provisions of this
 22 section shall be subject to a civil fine of not more than five hundred

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06760-01-5

 A. 4999 2

 1 dollars. Complaints alleging violations of this section may be submit-
 2 ted to personnel designated pursuant to section thirteen hundred nine-
 3 ty-nine-ff of this article, except that such complaints may be submitted
 4 by any person.
 5 4. Notwithstanding any law to the contrary, no enforcement agent,
 6 police officer, peace officer or other law enforcement officer may stop,
 7 question, search or arrest any person: (a) on grounds of or in relation
 8 to possession, consumption or purchase of any product subject to this
 9 section; or (b) for the purpose of inquiring or determining how or from
 10 what person or entity the person obtained any product subject to this
 11 section.
 12 § 2. This act shall take effect on the ninetieth day after it shall
 13 have become a law. Effective immediately, the addition, amendment
 14 and/or repeal of any rule or regulation necessary for the implementation
 15 of this act on its effective date are authorized to be made and
 16 completed on or before such date.

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