Section 17-713
§ 17-713 Definitions. Whenever used in this subchapter, the following
terms shall be defined as follows:
a. "Cigarette" means any roll for smoking made wholly or in part of
tobacco or any other substance, irrespective of size or shape and
whether or not such tobacco or substance is flavored, adulterated or
mixed with any other ingredient, the wrapper or cover of which is made
of paper or any other substance or material but is not made in whole or
in part of tobacco.
b. "Characterizing flavor" means a distinguishable taste or aroma,
other than the taste or aroma of tobacco, menthol, mint or wintergreen,
imparted either prior to or during consumption of a tobacco product or
component part thereof, including, but not limited to, tastes or aromas
relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert,
alcoholic beverage, herb or spice; provided, however, that no tobacco
product shall be determined to have a characterizing flavor solely
because of the use of additives or flavorings or the provision of
ingredient information.
c. "Component part" means any element of a tobacco product, including,
but not limited to, the tobacco, filter and paper, but not including any
constituent.
d. "Constituent" means any ingredient, substance, chemical or
compound, other than tobacco, water or reconstituted tobacco sheet, that
is added by the manufacturer to a tobacco product during the processing,
manufacture or packing of the tobacco product. Such term shall include a
smoke constituent.
e. "Flavored tobacco product" means any tobacco product or any
component part thereof that contains a constituent that imparts a
characterizing flavor. A public statement or claim made or disseminated
by the manufacturer of a tobacco product, or by any person authorized or
permitted by the manufacturer to make or disseminate public statements
concerning such tobacco product, that such tobacco product has or
produces a characterizing flavor shall constitute presumptive evidence
that the tobacco product is a flavored tobacco product.
f. "Herbal cigarette" means a product that is meant to be smoked like
a cigarette but is composed of one or more herbs and does not contain
tobacco.
g. "Person" means any natural person, partnership, firm, joint stock
company, corporation, or employee thereof, or other legal entity.
h. "Smoke constituent" means any chemical or chemical compound in
mainstream or sidestream tobacco smoke that either transfers from any
component of the tobacco product to the smoke or that is formed by the
combustion or heating of tobacco, additives or other component of the
tobacco product.
i. "Tobacco bar" has the meaning as such term is defined in
subdivision jj of section 17-502 of this code.
j. "Tobacco product" means any product which contains tobacco that is
intended for human consumption, including any component, part, or
accessory of such product. Tobacco product shall include, but not be
limited to, any cigar, little cigar, chewing tobacco, pipe tobacco,
roll-your-own tobacco, snus, bidi, snuff, tobacco-containing shisha, or
dissolvable tobacco product. Tobacco product shall not include
cigarettes or any product that has been approved by the United States
food and drug administration for sale as a tobacco use cessation product
or for other medical purposes and that is being marketed and sold solely
for such purposes.
Section 17-714
§ 17-714 Sale of herbal cigarettes to minors prohibited. It shall be
unlawful for any person to sell or offer for sale herbal cigarettes to
an individual under eighteen years of age.
Section 17-715
§ 17-715 Sale of flavored tobacco products prohibited. a. It shall be
unlawful for any person to sell or offer for sale, or to possess with
intent to sell or offer for sale, any flavored tobacco product except in
a tobacco bar.
b. There shall be a presumption that a retail dealer in possession of
four or more flavored tobacco products, which shall include individual
tobacco products, packages of tobacco products, or any combination
thereof, possesses such tobacco products with intent to sell or offer
for sale.
Section 17-716
§ 17-716 Violations and penalties. a. Any person who violates section
17-714 of this subchapter or any rules promulgated hereunder shall be
liable for a civil penalty of not less than five hundred dollars, nor
more than two thousand dollars for each violation.
b. Any person who violates section 17-715 of this subchapter shall be
liable for a civil penalty of not more than one thousand dollars for the
first violation, and not more than one thousand dollars for each
additional violation found on that day; and not more than two thousand
dollars for the second violation at the same place of business within a
three-year period, and not more than two thousand dollars for each
additional violation found on that day; and not more than five thousand
dollars for the third and all subsequent violations at the same place of
business within a three-year period. In addition, for a third violation
occurring on a different day and all subsequent violations occurring on
different days at the same place of business within a three-year period,
any person who engages in business as a retail dealer, as such term is
defined in section 20-201 of the code, shall be subject to the mandatory
suspension of his or her cigarette license, issued pursuant to section
20-202 of the code, for such place of business, for a period not to
exceed one year. A cigarette license shall be suspended at the same
hearing at which a retail dealer is found liable for a third violation
or subsequent violations at the same place of business within a
three-year period.
Section 17-717
§ 17-717 Enforcement. The department, the department of consumer
affairs and the department of finance shall enforce the provisions of
this subchapter. A proceeding to recover any civil penalty authorized
pursuant to section 17-716 of this subchapter shall be commenced by the
service of a notice of violation returnable to the health tribunal at
the office of administrative trials and hearings where the department
issues such a notice or to the adjudication division of the department
of consumer affairs where such department issues such a notice or to an
adjudication division of the department of finance or the administrative
tribunal selected by the commissioner of finance where the department of
finance issues such notice. The notice of violation or copy thereof when
filled in and served shall constitute notice of the violation charged.
Such notice shall contain a statement that any hearing for a third
violation or subsequent violation of section 17-715 of this subchapter
at the same place of business within a three-year period shall also
constitute a hearing for the suspension of a retail dealer's cigarette
license where the retail dealer is found to be in violation of such
section. The health tribunal at the office of administrative trials and
hearings, the adjudication division of the department of consumer
affairs and an adjudication division of the department of finance or the
administrative tribunal selected by the commissioner of finance shall
have the power to render decisions and to impose the remedies and
penalties provided for in section 17-716 of this subchapter, in addition
to any other remedies or penalties provided for the enforcement of such
provisions under any other law including, but not limited to, civil or
criminal actions or proceedings. The department, the department of
consumer affairs and the department of finance shall notify each other
within thirty days of finding that a retail dealer has been found liable
for any section of this subchapter.
Section 17-718
§ 17-718 Rules. The commissioner of the department, the commissioner
of consumer affairs and the commissioner of finance shall promulgate any
rules as may be necessary for the purposes of carrying out the
provisions of this subchapter.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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