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   from the date that the PMTA is filed with the FDA.
The FDA has informed the industry that retailers and wholesalers need to determine their own best practices for complying with the Final Guidance because flavored cartridge-based and pod-based electronic nicotine prod- ucts (except tobacco-flavored and menthol-flavored products) are con- sidered illegal to market and sell as of February 6.
At the same time, the agency under- stands that retailers and wholesalers may need to store flavored cartridge- based and pod-based electronic nicotine products (except tobacco- flavored and menthol-flavored products) on and after February 6 until the products can be returned to a distributor or a manufacturer.
This means that these products should be stored in a manner to prevent customers from thinking that the products are still available for purchase and in a place within a store or a warehouse that is not accessible to the public.
The National Association of Tobacco Outlets (NATO) recommends that retailers consider packing the flavored cartridge-based and pod-based electronic nicotine products that are to be returned in boxes and be sealed as a further precaution to prevent the products from being sold on and after February 6.
2020 State of the State Proposals
Governor Andrew M. Cuomo outlined his 2020 State of the State Proposals, which I have reiterated below that affect franchisees:
Combatting Climate Change
• Banning Single-Use and Packaging Styrofoam Products: To build on the progress of last year’s plastic bag bill, the Governor is proposing new legislation to prohibit the distribution and use of expanded polystyrene, commonly known as Styrofoam, single-use food containers and packaging materials by January 1, 2022.
Growing New York’s Green Economy
• Electrify Upstate Transit Systems: Governor Cuomo will require five of the largest upstate and suburban transit authorities — that currently operate 1,400 transit buses — to electrify 25 percent of their fleets by 2025 and 100 percent by 2035.
• Build a Robust Network of EV Chargers Throughout New York: To transition smoothly to electric
vehicles, New Yorkers need ample publicly available fast-charging opportunities, and businesses need to be able to install chargers afford- ably. The New York Power Authority, in partnership with NYSERDA and private industry, will ensure that ten or more fast- charging locations are available in every REDC region by the end of 2022, that every travel plaza on the New York State Thruway has charging stations by the end of 2024 and that a total of at least 800 new chargers are installed statewide over the next five years.
• Invest $100 Million in Green Bank Financing to Attract EV-Sector Manufacturers and Other Related Businesses: The NY Green Bank will make $100 million in financing available to help clean- transportation businesses locate or expand in New York.
Continuing Economic Growth
• Lowering Tax Rates for Small Businesses: To extend the State’s robust economic growth and record of job creation, Governor Cuomo will propose comprehensive tax relief for small businesses, including reducing the corporate tax rate for small businesses from 6.5 percent to 4 percent; tripling the current income exclusion for farmers and sole proprietors; making the investment tax credit refundable for farmers, and repealing the penalty on S corporations for underpayment of estimated taxes.
• Investing in Round 10 of the Successful Regional Economic Development Councils: In Growing the Upstate Tech Economy: Governor Cuomo will continue to foster the growing Upstate tech economy. The Governor will continue to propel the Finger Lakes
 soundwave - winter 2020

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