Amd SS1399-aa & 1399-ee, add S1399-11, rpld S1399-11 sub (2) PP
(c) - (g), Pub Health L
Prohibits the sale of bidis, which is any product containing tobacco
that is wrapped in temburni or tendra leaf, by any person or
entity other than a business primarily engaged in the sale of tobacco
products; imposes a civil penalty of up to $500 for
violation thereof.
Criminal sanction impact.
SPONSORS MEMO:
BILL NUMBER: A10238C Replacement
SPONSOR: Weisenberg
TITLE
OF BILL:
AN ACT to amend the
Public Health Law, in relation to the sale and
purchase of bidis
PURPOSE
OR GENERAL IDEA OF BILL:
To prohibit the sale
of "bidis" (filter-less, candy-flavored cigarettes
made mainly in India,
which have more toxins than regular cigarettes) in
New York State except
in specialty tobacco shops.
SUMMARY
OF SPECIFIC PROVISIONS:
Section One - Section
1399-aa of the Public Health Law is amended by
adding a new subdivision
6 to define the term "bidis."
Section Two - allows
for the enforcement of different penalty as other-
wise provided in said
article.
Section Three - The
Public Health Law is amended by adding a new section
1399-ll to prohibit
the sale of bidis in New York State, except in
specialty tobacco shops.
A civil fine is set up for any violations of
this section. Section
3 also makes provisions for the enforcement of the
over 18 years of age
requirement for the purchase of bidis.
Section Four - Sets
up the repeal of paragraphs c,d,e,f and g of subdi-
vision 2 of section
1399-ll of the public health law.
Section Five - establishes
the enactment date and the date that the
repeal section (four)
will be enacted in compliance with section 3 of
chapter 519 of the laws
of 1999.
JUSTIFICATION:
"Bidis" are small, flavored,
filter-less cigarettes made mainly in India
that have seemingly
gained popularity among America's teenagers. They
consist of shredded
tobacco rolled in dried tendu leaves and secured
with string. They are
produced in a number of candy flavors, including
chocolate, vanilla,
cherry, licorice, menthol, and mango. They have to
be puffed more frequently
than regular cigarettes to keep them from
going out, which requires
great pulmonary effort due to its shape and
poor combustibility.
As a consequence, bidi smokers breathe in greater
quantities of tar and
other toxins than smokers of regular cigarettes.
Additionally bidis have
three times more nicotine and five times more
tar than regular cigarettes.
The combination of candy flavoring and the
increased toxins make
this product both very popular and extremely harm-
ful to the health of
our young people. In fact, bidis an even greater
health risk than traditional
cigarettes.
According to the National
Association of Attorneys General, attorneys
general from all 50
states and the United Virgin Islands are urging
federal officials and
Congressional representatives to take action to
stop the importation
of bidis.
This legislation intends
to stop the sale of bidis in the State of New
York, except in specialty
tobacco shops, in an attempt to end this very
real threat to the health
and safety of our young people.
PRIOR
LEGISLATIVE HISTORY:
New Bill in 2000.
FISCAL
IMPLICATIONS:
None.
EFFECTIVE
DATE:
This act shall effect
on the first day of October next succeeding the
date on which it shall
have become a law.