The changes to state law recognize that tobacco companies use the retail environment to market their deadly products and drive tobacco use. Accordingly, the law responds with measures that minimize this harm. The budget legislation:
Policies Taking Effect May 18th, 2020
Ends the sale of tobacco products by pharmacies.
As of May 18, 2020, sales of tobacco products and vapor products will no longer be permitted to be sold in pharmacies. This law will be enforced by the local agencies that enforce ATUPA and will reduce overall tobacco retail density. Importantly, the law will remove dangerous and inconsistent health messaging posed by pharmacy with sales of tobacco. This policy will also aid addicted tobacco users who are attempting to quit. To read more about this policy and other policies enacted by the Governor’s Budget as a part of FY2021 please view the website.
Ends the sale of flavored vapor products that lack an FDA marketing order.
As of May 18, 2020 New York, no longer permits the sale of flavored e-cigarette products and is the 4th state in the United States to do so. This policy also applies to sales of menthol-flavored products and allows the sale of those with tobacco flavor. This policy will play an important role in stemming the tide of youth e-cigarette use and nicotine addiction in New York by reducing the appeal of vapor products that contain nicotine. To read more about this policy and other policies enacted by the Governor’s Budget as a part of FY2021 please view the website.
Recently Passed Policies Taking Effect July 1, 2020
Restricts the use of discounts that reduce the price consumers pay for tobacco products.
As of July 1, 2020 New York State tobacco retailers will no longer be allowed to accept honor discounts for tobacco products or vapor products. Price discounting or couponing is an industry tactic used to attract new customers and maintain existing users. The anti-discounting policy will help narrow disparities in tobacco use in New York State. Some groups that use tobacco at disproportionately higher rates are those who are most likely to quit using tobacco from the higher prices. To read more about this policy and other policies enacted by the Governor’s Budget as a part of FY2021 please view the website.
Stops delivery of e-cigarettes and vapor products to private residences, thus ending online sales.
As of July 1, 2020 e-cigarettes and vapor products are no longer allowed to be delivered to private residences which will effectively eliminate online sales. This amendment adds e-cigarettes and vapor products that are reasonably expected to be used with nicotine to the list of products that common carriers (such as UPS, DHL, and FedEx) may not ship to residential addresses in New York State. Stopping home delivery of these additional products—typically ordered online—will help to prevent illicit sales of vapor products, including sales to youth and sales of vapor products. To read more about this policy and other policies enacted by the Governors Budget as a part of FY2021 please view the website.
Prohibits the exterior display of tobacco products and tobacco product advertising near schools.
As of July 1, 2020 tobacco marketing is no longer allowed to be displayed near schools. This law will prohibit the display of tobacco products, vapor products, smoking paraphernalia, and advertisements for these products in exterior windows or storefronts within 1,500 feet of a school (or 500 feet in New York City). Youth exposure to tobacco marketing is known to drive experimentation with tobacco products and progression to regular use and eventual addiction. Addicted consumers trying to quit also report that exposure to the products, including on displays, can trigger nicotine cravings and spur impulse purchases of tobacco products. To read more about this policy and other policies enacted by the Governors Budget as a part of FY2021 please view the website.
Increases retailer penalties for tobacco control sales violations.
As of July 1, 2020 retailers will face higher penalties for tobacco control sales to minors. The law increases the penalties for illegally selling tobacco products to underage purchasers, or other ATUPA violations. The maximum amount charged for a first violation increases to $1,500, a second and subsequent penalty increases to $1,000 but not more than $2,500, and accumulating 3 points now results in a one-year registration suspension. Finally, surcharges available to local enforcement agencies will increase from $50 to $250. To read more about this policy and other policies enacted by the Governors Budget as a part of FY2021 please view the website.
Stops delivery of e-cigarettes and vapor products to private residences, thus ending online sales.
As of July 1, 2020 e-cigarettes and vapor products are no longer allowed to be delivered to private residences which will effectively eliminate online sales. This amendment adds e-cigarettes and vapor products that are reasonably expected to be used with nicotine to the list of products that common carriers (such as UPS, DHL, and FedEx) may not ship to residential addresses in New York State. Stopping home delivery of these additional products—typically ordered online—will help to prevent illicit sales of vapor products, including sales to youth and sales of vapor products. Click here to read more about this policy and other policies enacted by the Governor’s Budget as a part of FY2021.
Additional Legislation
Tobacco 21
On November 13, 2019 the minimum legal sale age of tobacco products increased from 18 to 21. Only a month later the United States Federal Government also increased the minimum legal sale age from 18 to 21. This applies to both combustible and e-cigarette products. This policy falls under the Adolescent Tobacco Use Prevention Act (ATUPA), which enlists underage youth to attempt to purchase tobacco and e-cigarettes. Retailers found selling tobacco and vaping products to underage individuals will now face criminal penalties in addition to civil penalties. To learn more about Tobacco 21 and ATUPA please visit the New York State Department of Health website.
HUD Law
On July 30, 2018 all Publicly Funded Housing Authorities were required to implement a smoke-free housing policy. All HUD funded PHA’s are required to prohibit usage of combustible tobacco products including hookah and waterpipes. The policy also states that there must be no tobacco use within 25 feet of all public housing units, common areas and administrative office buildings. The HUD ruling also allows PHA’S to extend its policies to be comprehensive and extend to e-cigarettes. Learn more about the HUD housing ruling.
Clean Indoor Air Act
On July 24, 2003 the New York State Clean Indoor Air Act was passed to regulate indoor and outdoor smoking to include all places of employment and restaurants. In October of 2017, the New York State Clean Indoor Air Act was expanded to include vaping in all places where smoking was already prohibited. Some of these places include places of employment, restaurants, public transportation, childcare facilities, within grounds of hospitals, zoos, near entrances and exits of schools and more. To learn more about the New York State Clean Indoor Air Act please visit the Tobacco Policy Center.
Pending Legislation:
For up to date legislation on tobacco legislation in New York State visit this website and enter the key word “tobacco.”
