New York S 5613: 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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S05613 Summary:

BILL NOS05613 

&nbsp

SAME ASSAME AS A00077

&nbsp

SPONSORADDABBO

&nbsp

COSPNSR

&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 S05613 Actions:

BILL NOS05613 

&nbsp

02/25/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS05613 Committee&nbspVotes:

Go to topS05613 Floor&nbspVotes:

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

Go to topS05613 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5613

 2025-2026 Regular Sessions

 IN SENATE

 February 25, 2025
 ___________

 Introduced by Sen. ADDABBO -- 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 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.
 23 3. Violations of this section shall be enforced pursuant to section
 24 thirteen hundred ninety-nine-ff of this article, except that any person

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

 S. 5613 2

 1 may submit a complaint to an enforcement officer reporting that a
 2 violation of this section has occurred.
 3 § 2. This act shall take effect on the one hundred eightieth day after
 4 it shall have become a law.

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