BILL NUMBER: S443A
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the public health law, in relation to regulating the
sale of oral nicotine pouches
 
PURPOSE:
To regulate the sale of flavored oral nicotine pouches.
 
SUMMARY OF PROVISIONS:
Section 1. Amends section 1399-aa of the public health law to add a new
subdivision 19. This adds the definition of nicotine pouch.
Section 2. Amends section 1399-bb of the public health law to amend
section 4 of part EE of chapter 56 of the laws of 2020. This adds nico-
tine pouches to prohibited free distribution of products.
Section 3. Amends section 1399-mm-1 of the public health law added by
section 1 of part EE of chapter 56 of the laws of 2020. This adds nico-
tine pouches to the list of prohibited products with certain taste,
aroma, or other flavor.
Section 4. Amends section 1399-ff of the public health law as amended by
chapter 100 of the laws of 2019. This adds nicotine pouches to the list
of products that could carry a civil penalty where necessary.
Section 5. Effective date.
 
JUSTIFICATION:
Currently, New York State law allows for candy-like flavored nicotine
pouches to be sold alongside regulated tobacco flavored products. These
discrete and powerful pouches contain nicotine, cellulose, water,
flavoring, and sodium carbonate, which are placed inside the mouth
between the lip and gum. This product is distinguishable from other
smokeless tobacco products because they do not contain tobacco leaf,
rather contain nicotine derived from tobacco or synthetic nicotine.
Regardless, nicotine in any form and in any product is a highly addic-
tive substance. This legislation would align New York values in prohib-
iting enticing flavors for all nicotine products, including nicotine
pouches.
 
LEGISLATIVE HISTORY:
New legislation.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall become law.

Statutes affected:
S443: 1399-aa public health law, 1399-bb public health law, 1399-mm-1 public health law, 1399-ff public health law, 1399-ff(1) public health law
S443A: 1399-aa public health law, 1399-bb public health law, 1399-mm-1 public health law, 1399-ff public health law, 1399-ff(1) public health law