BILL NUMBER: S5613
SPONSOR: ADDABBO
 
TITLE OF BILL:
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
 
PURPOSE:
To prohibit the sale of smokeless flavored tobacco products, near
schools.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds § 1399-cc-1 to the public health law to
prohibit the sale of flavored smokeless tobacco products within five
hundred feet of any public or private elementary or secondary school.
The commissioner of health is permitted to impose a civil penalty.
Section two of the bill provides the effective date.
 
JUSTIFICATION:
Although cigarette smoking has continued to decline among youth, the use
of smokeless tobacco products has failed to decrease at a similar rate.
The National Youth Tobacco Survey found that 5.9 percent of all high
school students currently use smokeless tobacco products. Smokeless
tobacco use poses significant health risks and can cause cancer, dental
disease, precancerous mouth lesions, heart disease, and increased risk
of stillbirths. Since smokeless tobacco contains nicotine, individuals
can become easily addicted. Once addicted, users may turn to combustible
tobacco products or electronic cigarettes.
Flavored tobacco products are specifically created to entice younger
users. Tobacco companies even go so far as to use the same flavoring
chemicals and makeup contained in popular kid's candy brands to entice
youth to use their products. Reports have also shown that tobacco compa-
nies target stores near schools to attract young smokers.* By marketing
these products to a younger generation, the tobacco industry hopes to
create long-term users.
New York has already taken steps to address flavored tobacco products by
banning flavored e-cigarettes, but we need to do more. Therefore, this
legislation would prohibit the sale of smokeless flavored tobacco
products within 500 feet of public and private schools. Other localities
in New York, California, and the city of Chicago have already enacted
similar prohibitions. Limiting the sale of flavored smokeless tobacco
near schools will limit the opportunity for youth to purchase these
products. This restriction will also benefit our communities, by reduc-
ing the retail density of flavored tobacco products in neighborhoods
surrounding schools. * See U.S. Dep't of Health & Human Servs, Prevent-
ing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon
General 545 (2012); see
https://www.tobaccofreekids.org/assets/factsheets/0008.pdf
 
LEGISLATIVE HISTORY:
2021/22: S1021 - Senate Health Committee.
2023/24: S4477A - Senate Health Committee.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.