IPCPR Legislative | Restrictions in New York

Restrictions in New York

newyork

Smoking, Age and Sampling Restrictions in New York

New York prohibits smoking in: places of employment, including offices, school grounds, retail stores, banquet facilities, theaters, food stores, banks, financial institutions, factories, warehouses, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, rooms or areas containing photocopying equipment or other office equipment used in common, and company vehicles; bars; food service establishments; enclosed indoor areas open to the public containing a swimming pool; public means of mass transportation, including subways, underground subway stations, and when occupied by passengers, buses, vans, taxicabs, and limousines; ticketing, boarding, and waiting areas in public transportation terminals; youth centers and facilities for detention; any facility that provides child care services, provided that such services provided in a private home are excluded when children enrolled in such day care are not present; group homes, public institutions, and residential treatment facilities for children; all colleges, universities, and other educational and vocational institutions, including dormitories, residence halls, and other group residential facilities; general hospitals and residential health care facilities; commercial establishments used for the purpose of carrying on or exercising any trade, profession, vocation, or charitable activity; indoor arenas; zoos; and bingo facilities.

 

New York also prohibits smoking in the following outdoor areas: ticketing, boarding, or platform areas of railroad stations operated by the metropolitan transportation authority or its subsidiaries; on the grounds of general hospitals and residential health care facilities, and within 15 feet of a building entrance or exit or within 15 feet of the entrance to or exit from the grounds of any such general hospital or residential health care facility; within 100 feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary schools; and during the hours between sunrise and sunset, when one or more persons under 12 years of age are present at any playground. Smoking is also not permitted within 100 feet of the entrances, exits or outdoor areas of any after-school program, during operational hours.

 

N.Y. Pub. Health Law § 1399-o: Smoking restrictions
N.Y. Pub. Health Law § 1399-o-1: Smoking restrictions; certain outdoor areas

 

“Smoking” or “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, must be prominently posted and properly maintained where smoking is regulated by state law, by the owner, operator, manager, or other person having control of such area.

 

N.Y. Pub. Health Law § 1399-p: Posting of signs

 

Smoking may not be permitted where prohibited by any other law, rule, or regulation of any state agency or any political subdivision of the state. Nothing in state law restricts the power of any county, city, town, or village to adopt and enforce additional local law, ordinances, or regulations which comply with at least the minimum applicable standards set forth in state law.

 

N.Y. Pub. Health Law § 1399-r(3): General provisions

Division of Labor Standards staff reported that the minimum age to sell tobacco in New York is 18.

 

It is illegal for any person operating a place of business where tobacco products are sold or offered for sale to sell such products or smoking paraphernalia to individuals under 18 years of age.

 

N.Y. Pub. Health Law § 1399-cc(2): Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, or smoking paraphernalia to minors prohibited

 

Any person operating a place of business where tobacco products are sold or offered for sale must post in a conspicuous place a sign with the following printed statement:

 

“SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES, ROLLING PAPERS, OR SMOKING PARAPHERNALIA TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.”

 

The sign must be printed on a white card in red letters at least 1/2 inch in height.

 

N.Y. Pub. Health Law § 1399-cc(2): Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, or smoking paraphernalia to minors prohibited

 

Sale of tobacco products, other than by a vending machine, may be made only to an individual who demonstrates, through a valid identification card, that the individual is at least 18 years of age. Such identification is not required of any individual who reasonably appears to be at least 25 years of age.

 

N.Y. Pub. Health Law § 1399-cc(3): Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, or smoking paraphernalia to minors prohibited

 

No person operating a place of business where tobacco products are sold or offered for sale may sell, permit to be sold, offer for sale, or display for sale any tobacco products in any manner, unless such products are stored for sale: behind the counter in an area accessible only to the personnel of such business; or in a locked container. However, this restriction does not apply to tobacco businesses or to places to which admission is restricted to persons 18 years of age or older.

 

N.Y. Pub. Health Law § 1399-cc(7): Sale of tobacco products, herbal cigarettes, liquid nicotine, shisha, rolling papers, or smoking paraphernalia to minors prohibited

 

New York law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

 

In New York, no person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes, or any agent or employee of such person, may knowingly, in furtherance of such business:

  • Distribute without charge any tobacco products to any individual, or
  • Distribute coupons that are redeemable for tobacco products to any individual, provided that this prohibition does not apply to coupons contained in newspapers, magazines, or other types of publications, coupons obtained through the purchase of tobacco products or obtained at locations that sell tobacco products provided that such distribution is confined to a designated area or to coupons sent through the mail.

 

These sampling prohibitions do not apply to the following locations:

  • Private social functions when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of such indoor area
  • Conventions and trade shows, provided that the distribution is confined to designated areas generally accessible only to persons over 18 years of age
  • Events sponsored by tobacco manufacturers, provided that the distribution is confined to designated areas generally accessible only to persons over 18 years of age
  • Bars
  • Tobacco businesses, defined as sole proprietorships, corporations, limited liability companies, partnerships, or other enterprises in which the primary activity is the sale, manufacture, or promotion of tobacco products and accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental
  • Factories, defined as any mills or other manufacturing establishments where one or more persons are employed in manufacturing, including making, altering, repairing, finishing, bottling, canning, cleaning, or laundering any article or thing

 

No person may distribute tobacco samples at conventions and trade shows, manufacturer-sponsored events, or factories unless the person gives 5 days written notice to the enforcement officer.

 

The distribution of tobacco products may be made only to an individual who demonstrates, through a driver’s license or other photographic identification card that the individual is at least 18 years of age. Such identification is not required of any individual who reasonably appears to be at least 25 years of age.

 

N.Y. Pub. Health Law § 1399-bb: Distribution of tobacco products or herbal cigarettes without charge
N.Y. Pub. Health Law § 1399-aa: Definitions

 

Department of Taxation and Finance staff reported that tobacco samples are subject to the tobacco products tax and that distributors of tobacco product samples must first obtain a Sales Tax Certificate of Authority and a Retail Dealer’s Registration for each distribution location.

 

New York law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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