New York 2025-2026 Regular Session

New York Assembly Bill A00077

Introduced
1/8/25  
Refer
1/8/25  
Report Pass
2/24/25  
Refer
2/24/25  

Caption

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.

Summary

Bill A00077 aims to amend the public health law by prohibiting the sale of flavored smokeless tobacco products within five hundred feet of public or private elementary and secondary schools in New York. The bill specifically defines 'flavored smokeless tobacco' as any product containing tobacco or nicotine that has a distinguishable taste or aroma other than that of tobacco itself. This legislation seeks to protect children and adolescents from the potential health risks associated with flavored tobacco products, which are often marketed in a way that appeals to younger demographics. The bill outlines that the distance for the prohibition will be measured in straight lines from the nearest point of the school property to the nearest point of the business selling the tobacco products. Violations of this law will be enforced under existing public health law provisions, allowing any individual to report a violation to an enforcement officer. The bill is set to take effect 180 days after it becomes law, providing a grace period for compliance. If enacted, this bill would significantly impact the availability of flavored smokeless tobacco products near schools, potentially reducing youth access to these products. It aligns with broader public health initiatives aimed at reducing tobacco use among minors and could lead to a decrease in the prevalence of smokeless tobacco use in the state. The enforcement mechanism through complaints from the public may empower communities to take an active role in monitoring compliance. The sentiment around the bill appears to be generally favorable, as indicated by the voting history, with the Assembly Health Committee and the Assembly Codes Committee both voting in favor of the bill. The discussions surrounding the bill have not been documented in detail, but the positive votes suggest support from health advocates and lawmakers concerned about youth health issues. However, there may be dissenting opinions regarding the restrictions placed on businesses and the implications for personal choice and market access.

Impact

The bill will amend the public health law to restrict the sale of flavored smokeless tobacco products in proximity to schools, thereby enhancing protections for minors against tobacco use. This change will likely lead to a decrease in the availability of these products in areas frequented by children and adolescents, contributing to public health efforts aimed at reducing tobacco consumption among youth. The enforcement provisions will empower community members to report violations, potentially increasing compliance and awareness of tobacco-related health risks.

Sentiment

The general sentiment surrounding Bill A00077 is positive, with both the Assembly Health Committee and the Assembly Codes Committee voting favorably on the bill. This suggests strong support from lawmakers and health advocates who prioritize protecting youth from tobacco products. However, the absence of detailed committee transcripts leaves some ambiguity regarding the full range of opinions expressed during discussions.

Contention

Notable points of contention may arise from businesses that sell flavored smokeless tobacco products, as they could argue that the restrictions limit their market access and infringe on personal choice. Additionally, there may be debates regarding the effectiveness of such measures in preventing youth tobacco use, with some stakeholders potentially questioning whether the bill adequately addresses the broader issues of tobacco addiction and marketing practices.

Companion Bills

NY S05613

Same As 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.

Previously Filed As

NY A00699

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.

NY S05613

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.

NY S09689

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

NY HB1410

Ban on sale of flavored tobacco and e-liquids.

NY SB3148

FLAVORED TOBACCO-BAN

NY SB1182

Relating to the sale or transfer of flavored cigarettes, e-cigarettes, and tobacco products and to certain cigarette or tobacco product advertising.

NY HF2448

Local units of government prohibited from banning flavored tobacco product sales.

NY S10449

Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.

NY S05196

Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.

NY A02128

Prohibits the keeping of inventory, storage, warehouse, processing, packaging, shipping or distributing of flavored vapor products near where vapor or tobacco products are sold at retail or wholesale.

Similar Bills

No similar bills found.