Penalties for illegal sales to minors include fines, loss of license to sell lottery tickets, and loss of registration to sell tobacco and vapor products. Retailers cannot sell cigarettes, cigars, chewing tobacco, powdered tobacco, shisha or other tobacco products, herbal cigarettes, liquid nicotine, electronic cigarettes, rolling papers, or smoking paraphernalia to people under 21 years of age.
Raise the Minimum Legal Sale Age to Purchase Tobacco and Vapor ProductsĪrticle 13-F Section 1399-CC of the NYS Public Health Law prohibited the sale of tobacco and vapor products and smoking paraphernalia to people under the age of 21.Penalties include increased monetary fines and registration suspensions and revocations. Increase Retailer Penalties for Tobacco Sales ViolationsĪs of July 2020, an amendment to Public Health Law Article 13-F Section 1399-EE increases the penalties for illegally selling tobacco and vaping products to underage purchasers and other ATUPA violations.These state and federal laws work together to curtail the sale of cigarettes, other tobacco products, and e-cigarettes over the internet and require internet sellers to affix tax stamps and pay all federal, state, local or Tribal tobacco taxes. The national Prevent All Cigarette Trafficking Act (PACT) of 2009 prohibits delivery of cigarettes and smokeless tobacco through the U.S. This amendment ends the shipment of online orders of vapor products to individual consumers, a primary way underage youth purchased vaping products. In 2020, the law was amended to restrict the shipment of vapor products to only registered vapor product dealers, export warehouse owners, or agents of the state or federal government in accordance with official duties. In 2002, Public Health Law Article 13-F Section 1399-LL made it illegal for common or contract carriers such as FedEx®, UPS, and DHL to ship cigarettes to New York addresses, except to an address licensed to sell cigarettes. Stop the Shipment and Delivery of Cigarettes and Vapor Products to Private Residents.Ban the Exterior Display of Tobacco and Vapor Product Ads Near SchoolsĪs of July 1, 2020, Public Health Law Article 13-F Section 1399-DD-1 restricts the public display of tobacco and vaping product advertisements and the display of smoking paraphernalia within 500 feet of school in New York City and within 1,500 feet of a school in the rest of the state.End the Sales of Tobacco and Vaping Products in PharmaciesĪs of May 2020, Public Health Law Article 13-F Section 1399-MM-2, pharmacies or retail establishments that contain a pharmacy may no longer sell tobacco and vaping products.Retailers are prohibited from accepting or honoring discounts, including the use of coupons or multipack price promotions. End Price Discounts on Tobacco and Vapor ProductsĮffective July 1, 2020, Public Health Law Article 13-F Section 1399-BB ends marketing schemes to lower the price of tobacco and vapor products for consumers.This includes menthol-flavored products and allows only tobacco-flavored vaping products to be sold. Ban the Sale of Flavored Vapor ProductsĪs of May 2020, Public Health Law Article 13-F Section 1399-MM-1 prohibits the sale of flavored vapor products that do not have an FDA marketing order.ATUPA violations can result in civil penalities or retailer registration suspension or revocation. Public Health Law 13-F, known as the Adolescent Tobacco Use Prevention Act (ATUPA), regulates the sale of tobacco and vaping products to restrict their access by youth and young adults. The Adolescent Tobacco Use Prevention Act (ATUPA)Īlmost all adults who smoke cigarettes started in their teens. The state's strong and effective laws and regulations protect youth from deadly nicotine addiction by reducing access to tobacco and vaping products, protect New Yorkers from exposure to dangerous secondhand cigarette smoke and e-cigarette aerosol, and hold tobacco and vaping product manufacturers to transparency. New York State (NYS) is a national leader in tobacco control policy. All Health Care Professionals & Patient Safety.Clinical Guidelines, Standards & Quality of Care.Health & Safety in the Home, Workplace & Outdoors.Birth, Death, Marriage & Divorce Records.