New York A.B. 7106 / S04365 Would Tax E-Cigarettes at 95% Wholesale Price!

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CASAA: Call to Action! New York Bill to Impose 95% Tax on E-Cigarettes and Smokeless Tobacco -- A.B. 7106



URGENT (5/20/2013): This bill may be heard before the New York Assembly Health Committee on Wednesday, May 22, 2013 in Albany. Public testimony is generally not taken at these meetings, but vapers should attend because there will be news media present, as well as an opportunity to meet personally with legislators and/or their aides. Please e-mail us at board@casaa.org if you can attend.

If this bill does pass the Health Committee, this battle is far from over. In 2010 and 2011, the Health Committee voted to ban sales of electronic cigarettes to adults. Neither became law, and that was thanks in part to the hundreds or thousands of comments these legislators received in opposition.

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New York: Bill to Tax E-Cigarettes & Smokeless tobacco at 95% of Wholesale Price -- A.B. 7106

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[full text + legislative tracking]

If enacted, this bill wold:

1. Tax electronic cigarettes products containing nicotine by redefining "tobacco products" under New York law to include any product "containing tobacco or nicotine that is intended or expected to be consumed."
2. Impose a wholesale tax on all smoke-free products (e-cigarettes, smokeless tobacco, dissolvable tobacco) of 95%. E-cigarettes are not currently taxed under New York law, but enactment of this bill would constitute a 27% increase for adult smokeless tobacco consumers.
3. Require e-cigarette vendors to obtain a tobacco retail license to sell e-cigarettes (see N.Y. TAX LAW § 480-A)

If you are from New York, you must also contact your representative in the New York General Assembly and Senate and tell them that you're an e-cigarette or smokeless tobacco user, you vote, and you don't want the unnecessary tax hike in A.B. 7106 to become law.

 

[Fladnag]

I wonder if they realize that this would include nicotine gum & lozenges, too? Is a patch considered consumption?

 

[Fiamma]

When did they all start trying to make e cig vendors get tobacco licenses? It's only been showing up (iirc) since the RJR written legislation in Okla was pushed.

 

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I wonder if they realize that this would include nicotine gum & lozenges, too? Is a patch considered consumption?

The bill itself does exclude FDA approved products. However, the bill does not exclude tomatoes and eggplant, which would technically be subject to a 95% wholesale tax under this bill.

When did they all start trying to make e cig vendors get tobacco licenses? It's only been showing up (iirc) since the RJR written legislation in Okla was pushed.

Anytime that there is a tax, there's a license requirement. Speaking generally, it's as simple as that.

 

[jonny9]

honestly this my opinion and i google this bill bunch of bull crap fake stuff

 

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UPDATE (5/22/2013): A hearing on A.B. 7106 was held on May 22, 2013 before the Assembly Health Committee. CASAA has received word that A.B. 7106 was not brought up for a vote. However, the committee chairman is free to bring the bill back up at a later date with minimal notice.

Continued vigilance is needed to ensure that A.B. 7106 does not become law. Please continue to mobilize New York vapers to respond to the below Call to Action. If you are in New York and could possibly attend a future meeting of the Assembly Health Committee in Albany, please e-mail us at board@casaa.org.

If this bill does pass the Health Committee, this battle is far from over. In 2010 and 2011, the Health Committee voted to ban sales of electronic cigarettes to adults. Neither became law, and that was thanks in part to the hundreds or thousands of comments these legislators received in opposition.