New York 2023-2024 Regular Session

New York Assembly Bill A04932 Latest Draft

Bill / Introduced Version Filed 02/27/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 4932 2023-2024 Regular Sessions  IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. L. 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 any vapor or tobacco products containing the substance N-Ethyl-p-menthane-3-carboxamide The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1399-mm-1 of the public health 2 law, as added by section 1 of part EE of chapter 56 of the laws of 2020, 3 is amended to read as follows: 4 1. (a) For the purposes of this section "flavored" shall mean any 5 vapor product intended or reasonably expected to be used with or for the 6 consumption of nicotine, with a distinguishable taste or aroma, other 7 than the taste or aroma of tobacco, imparted either prior to or during 8 consumption of such product or a component part thereof, including but 9 not limited to tastes or aromas: 10 (i) relating to any fruit, chocolate, vanilla, honey, candy, cocoa, 11 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, 12 or any concept flavor that imparts a taste or aroma that is distinguish- 13 able from tobacco flavor but may not relate to any particular known 14 flavor; or 15 (ii) resulting from the addition of the substance N-Ethyl-p-menthane- 16 3-carboxamide. 17 (b) A vapor product intended or reasonably expected to be used with or 18 for the consumption of nicotine, shall be presumed to be flavored if a 19 product's retailer, manufacturer, or a manufacturer's agent or employee 20 has made a statement or claim directed to consumers or the public, 21 whether expressed or implied, that such product or device has a distin- 22 guishable taste or aroma other than the taste or aroma of tobacco. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08206-01-3