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Recent Initiatives to Control Contraband: US & NY 2nd Bi-National Conference on Contraband

Recent Initiatives to Control Contraband: US & NY 2nd Bi-National Conference on Contraband. Micah Berman, J.D. Director, Center for Public Health and Tobacco Policy New England Law | Boston. Center for Public Health and Tobacco Policy. Cigarette Tax Evasion Report. NY State Tax.

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Recent Initiatives to Control Contraband: US & NY 2nd Bi-National Conference on Contraband

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  1. Recent Initiatives to Control Contraband: US & NY2nd Bi-National Conference on Contraband Micah Berman, J.D. Director, Center for Public Health and Tobacco Policy New England Law | Boston

  2. Center for Public Health and Tobacco Policy

  3. Cigarette Tax Evasion Report

  4. NY State Tax • June 2010: New York State increases its cigarette tax by $1.60 per pack, to $4.35 per pack ($5.85 in New York City) • At same time, legislature amends law to require tax to be paid on cigarettes sold by Native American retailers to non-Native Americans • Provisions to allow tribes/nations to obtain untaxed cigarettes for use by members

  5. NY State Tax • Law was to go into effect in Sept. 2010, but court challenge delayed implementation • Trial judge ruled for state, but agreed to prevent enforcement until appeal could be heard • Even if state allowed to proceed, enforcement will be challenging

  6. PACT Act • Prevent All Cigarette Trafficking Act (PACT Act) -- Signed into law in March 2010 • NY had already prohibited shipping cigarettes to customers in the mail, but lacked authority over US mail • PACT Act makes cigarettes “nonmailable”

  7. PACT Act • Prohibits the mailing of tobacco products unless all applicable taxes have been paid • Currently subject to legal challenge • Increases penalties for failing to report tobacco sales (Jenkins Act) & strengthens enforcement

  8. Family Smoking Prevention and Tobacco Control Act • Provided the Food & Drug Administration (FDA) with limited authority to regulate tobacco products • Empowers FDA to address tax evasion by establishing a track/trace system, mandating recordkeeping, and other measures

  9. Additional Issues • Smuggled Tobacco Prevention Act (STOP Act) • Framework Convention on Tobacco Control

  10. Summary • Courts holding up NY’s enforcement of new tax law • PACT Act provides important new tools to address online sales • FDA Act provides broad authority, but few mandates

  11. Thank You • Micah Berman, JD Assistant Professor Director, Center for Public Health and Tobacco Policy New England Law | Boston www.tobaccopolicycenter.org tobacco@nesl.edu (617) 368-1465

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