A 141: Relates to regulating the sale of oral nicotine pouches.

  
  STATE OF NEW YORK ________________________________________________________________________ 141 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL, BICHOTTE HERMELYN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the sale of oral nicotine pouches The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1399-aa of the public health law is amended by 2 adding a new subdivision 19 to read as follows: 3 19. "Nicotine pouch" means a smokeless pre-portioned pouch containing 4 nicotine but no tobacco, in which the user puts the pouch between such 5 user's lip and gum and leaves it there while the nicotine and taste is 6 being released. 7 § 2. Section 1399-bb of the public health law, as amended by section 4 8 of part EE of chapter 56 of the laws of 2020, is amended to read as 9 follows: 10 § 1399-bb. Distribution of tobacco products, nicotine pouches, vapor 11 products, or herbal cigarettes without charge. 1. No retail dealer, or 12 any agent or employee of a retail dealer engaged in the business of 13 selling or otherwise distributing tobacco products, nicotine pouches, 14 vapor products intended or reasonably expected to be used with or for 15 the consumption of nicotine, or herbal cigarettes for commercial 16 purposes, or any agent or employee of such retail dealer, or any agent 17 or employee of a retail dealer, shall knowingly, in furtherance of such 18 business: 19 (a) distribute without charge any tobacco products, nicotine pouches, 20 vapor products intended or reasonably expected to be used with or for 21 the consumption of nicotine, or herbal cigarettes to any individual, 22 provided that the distribution of a package containing tobacco products, 23 nicotine pouches, vapor products intended or reasonably expected to be 24 used with or for the consumption of nicotine, or herbal cigarettes in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01338-01-5 
 A. 141 2 1 violation of this subdivision shall constitute a single violation with- 2 out regard to the number of items in the package; or 3 (b) distribute price reduction instruments which are redeemable for 4 tobacco products, nicotine pouches, vapor products intended or reason- 5 ably expected to be used with or for the consumption of nicotine, or 6 herbal cigarettes to any individual, provided that this subdivision 7 shall not apply to coupons contained in newspapers, magazines or other 8 types of publications, coupons obtained through the purchase of tobacco 9 products, nicotine pouches, vapor products intended or reasonably 10 expected to be used with or for the consumption of nicotine, or herbal 11 cigarettes or obtained at locations which sell tobacco products, nico- 12 tine pouches, vapor products intended or reasonably expected to be used 13 with or for the consumption of nicotine, or herbal cigarettes provided 14 that such distribution is confined to a designated area or to coupons 15 sent through the mail. 16 1-a. No retail dealer engaged in the business of selling or otherwise 17 distributing tobacco products, nicotine pouches, herbal cigarettes, or 18 vapor products intended or reasonably expected to be used with or for 19 the consumption of nicotine for commercial purposes, or any agent or 20 employee of such retail dealer, shall knowingly, in furtherance of such 21 business: 22 (a) honor or accept a price reduction instrument in any transaction 23 related to the sale of tobacco products, nicotine pouches, herbal ciga- 24 rettes, or vapor products intended or reasonably expected to be used 25 with or for the consumption of nicotine to a consumer; 26 (b) sell or offer for sale any tobacco products, nicotine pouches, 27 herbal cigarettes, or vapor products intended or reasonably expected to 28 be used with or for the consumption of nicotine to a consumer through 29 any multi-package discount or otherwise provide to a consumer any tobac- 30 co products, nicotine pouches, herbal cigarettes, or vapor products 31 intended or reasonably expected to be used with or for the consumption 32 of nicotine for less than the listed price or non-discounted price in 33 exchange for the purchase of any other tobacco products, nicotine pouch- 34 es, herbal cigarettes, or vapor products intended or reasonably expected 35 to be used with or for the consumption of nicotine by such consumer; 36 (c) sell, offer for sale, or otherwise provide any product other than 37 a tobacco product, nicotine pouch, herbal cigarette, or vapor product 38 intended or reasonably expected to be used with or for the consumption 39 of nicotine to a consumer for less than the listed price or non-dis- 40 counted price in exchange for the purchase of a tobacco product, nico- 41 tine pouch, herbal cigarette, or vapor product intended or reasonably 42 expected to be used with or for the consumption of nicotine by such 43 consumer; or 44 (d) sell, offer for sale, or otherwise provide a tobacco product, 45 nicotine pouch, herbal cigarette, or vapor product intended or reason- 46 ably expected to be used with or for the consumption of nicotine to a 47 consumer for less than the listed price or non-discounted price. 48 2. The prohibitions contained in subdivision one of this section shall 49 not apply to the following locations: 50 (a) private social functions when seating arrangements are under the 51 control of the sponsor of the function and not the owner, operator, 52 manager or person in charge of such indoor area; 53 (b) conventions and trade shows; provided that the distribution is 54 confined to designated areas generally accessible only to persons over 55 the age of twenty-one; 
 A. 141 3 1 (c) events sponsored by tobacco, nicotine pouch, vapor product 2 intended or reasonably expected to be used with or for the consumption 3 of nicotine, or herbal cigarette manufacturers provided that the 4 distribution is confined to designated areas generally accessible only 5 to persons over the age of twenty-one; 6 (d) bars as defined in subdivision one of section thirteen hundred 7 ninety-nine-n of this chapter; 8 (e) tobacco businesses as defined in subdivision eight of section 9 thirteen hundred ninety-nine-aa of this article; 10 (f) factories as defined in subdivision nine of section thirteen 11 hundred ninety-nine-aa of this article and construction sites; provided 12 that the distribution is confined to designated areas generally accessi- 13 ble only to persons over the age of twenty-one. 14 3. No retail dealer shall distribute tobacco products, nicotine pouch- 15 es, vapor products intended or reasonably expected to be used with or 16 for the consumption of nicotine, or herbal cigarettes at the locations 17 set forth in paragraphs (b), (c) and (f) of subdivision two of this 18 section unless such person gives five days written notice to the 19 enforcement officer. 20 4. No retail dealer engaged in the business of selling or otherwise 21 distributing electronic cigarettes, nicotine pouches, or vapor products 22 intended or reasonably expected to be used with or for the consumption 23 of nicotine for commercial purposes, or any agent or employee of such 24 person, shall knowingly, in furtherance of such business, distribute 25 without charge any electronic cigarettes or nicotine pouches to any 26 individual under twenty-one years of age. 27 5. The distribution of tobacco products, nicotine pouches, electronic 28 cigarettes, vapor products intended or reasonably expected to be used 29 with or for the consumption of nicotine, or herbal cigarettes pursuant 30 to subdivision two of this section or the distribution without charge of 31 electronic cigarettes, nicotine pouches, or vapor products intended or 32 reasonably expected to be used with or for the consumption of nicotine, 33 shall be made only to an individual who demonstrates, through (a) a 34 driver's license or non-driver identification card issued by the commis- 35 sioner of motor vehicles, the federal government, any United States 36 territory, commonwealth, or possession, the District of Columbia, a 37 state government within the United States, or a provincial government of 38 the dominion of Canada, (b) a valid passport issued by the United States 39 government or the government of any other country, or (c) an identifica- 40 tion card issued by the armed forces of the United States, indicating 41 that the individual is at least twenty-one years of age. Such identifi- 42 cation need not be required of any individual who reasonably appears to 43 be at least twenty-five years of age; provided, however, that such 44 appearance shall not constitute a defense in any proceeding alleging the 45 sale of a tobacco product, electronic cigarette, nicotine pouch, vapor 46 product intended or reasonably expected to be used with or for the 47 consumption of nicotine, or herbal cigarette or the distribution without 48 charge of electronic cigarettes, nicotine pouches, or vapor products 49 intended or reasonably expected to be used with or for the consumption 50 of nicotine to an individual. 51 § 3. Section 1399-mm-1 of the public health law, as added by section 1 52 of part EE of chapter 56 of the laws of 2020, is amended to read as 53 follows: 54 § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes 55 of this section "flavored" shall mean any vapor product or oral nicotine 56 pouch intended or reasonably expected to be used with or for the 
 A. 141 4 1 consumption of nicotine, with a distinguishable taste or aroma, other 2 than the taste or aroma of tobacco, imparted either prior to or during 3 consumption of such product or a component part thereof, including but 4 not limited to tastes or aromas relating to any fruit, chocolate, vanil- 5 la, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, 6 menthol, herb or spice, or any concept flavor that imparts a taste or 7 aroma that is distinguishable from tobacco flavor but may not relate to 8 any particular known flavor. A vapor product or oral nicotine pouch 9 intended or reasonably expected to be used with or for the consumption 10 of nicotine, shall be presumed to be flavored if a product's retailer, 11 manufacturer, or a manufacturer's agent or employee has made a statement 12 or claim directed to consumers or the public, whether expressed or 13 implied, that such product or device has a distinguishable taste or 14 aroma other than the taste or aroma of tobacco. For the purposes of 15 this section, oral nicotine pouch shall mean a pouch containing nicotine 16 derived from tobacco or synthetic nicotine and other ingredients which 17 may include cellulose, water, flavoring and sodium carbonate, and are 18 used or intended to be used orally. 19 2. No vapor products or oral nicotine pouches dealer, or any agent or 20 employee of a vapor products or oral nicotine pouches dealer, shall sell 21 or offer for sale at retail in the state any flavored vapor product 22 intended or reasonably expected to be used with or for the consumption 23 of nicotine. 24 3. Any vapor products or oral nicotine pouches dealer, or any agent or 25 employee of a vapor products or oral nicotine pouches dealer, who 26 violates the provisions of this section shall be subject to a civil 27 penalty of not more than one hundred dollars for each individual package 28 of flavored vapor product or oral nicotine pouch intended or reasonably 29 expected to be used with or for the consumption of nicotine sold or 30 offered for sale, provided, however, that with respect to a manufactur- 31 er, it shall be an affirmative defense to a finding of violation pursu- 32 ant to this section that such sale or offer of sale, as applicable, 33 occurred without the knowledge, consent, authorization, or involvement, 34 direct or indirect, of such manufacturer. Violations of this section 35 shall be enforced pursuant to section thirteen hundred ninety-nine-ff of 36 this article, except that any person may submit a complaint to an 37 enforcement officer that a violation of this section has occurred. 38 4. The provisions of this section shall not apply to any vapor 39 products or oral nicotine pouches dealer, or any agent or employee of a 40 vapor products or oral nicotine pouches dealer, who sells or offers for 41 sale, or who possess with intent to sell or offer for sale, any flavored 42 vapor product or oral nicotine pouch intended or reasonably expected to 43 be used with or for the consumption of nicotine that the U.S. Food and 44 Drug Administration has authorized to legally market as defined under 21 45 U.S.C. § 387j and that has received a premarket review approval order 46 under 21 U.S.C. § 387j(c) et seq. 47 § 4. Subdivision 1 of section 1399-ff of the public health law, as 48 amended by chapter 100 of the laws of 2019, is amended to read as 49 follows: 50 1. Where a civil penalty for a particular incident has not been 51 imposed or an enforcement action regarding an alleged violation for a 52 particular incident is not pending under section thirteen hundred nine- 53 ty-nine-ee of this article, a parent or guardian of a person under twen- 54 ty-one years of age to whom tobacco products, herbal cigarettes, nico- 55 tine pouches or electronic cigarettes are sold or distributed in 56 violation of this article may submit a complaint to an enforcement offi- 
 A. 141 5 1 cer setting forth the name and address of the alleged violator, the date 2 of the alleged violation, the name and address of the complainant and 3 the person under twenty-one years of age, and a brief statement describ- 4 ing the alleged violation. The enforcement officer shall notify the 5 alleged violator by certified or registered mail, return receipt 6 requested, that a complaint has been submitted, and shall set a date, at 7 least fifteen days after the mailing of such notice, for a hearing on 8 the complaint. Such notice shall contain the information submitted by 9 the complainant. 10 § 5. This act shall take effect on the ninetieth day after it shall 11 have become a law. Effective immediately, the addition, amendment and/or 12 repeal of any rule or regulation necessary for the implementation of 13 this act on its effective date are authorized to be made and completed 14 on or before such effective date.